Last revised on October 25, 2015.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Services. This Agreement may be modified by ScreenwriterShowcase.com™ from time to time. Such modifications will be effective upon posting by ScreenwriterShowcase.com™ on the Website. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
This Agreement constitutes the entire and only agreement between you and ScreenwriterShowcase.com™ regarding the use of the Website and/or the Services, and supersedes all prior agreements regarding the Website and/or the Services.
You must be at least eighteen (18) years of age to register as a member of ScreenwriterShowcase.com™. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you are at least eighteen (18) years of age, have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
You may terminate your membership at any time, for any reason, by cancelling your subscription. If you terminate your subscription, your membership will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). If ScreenwriterShowcase.com™ terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of ScreenwriterShowcase.com™. ScreenwriterShowcase.com™ is not required to provide you notice prior to terminating your membership. ScreenwriterShowcase.com™ is not required, and may be prohibited, from disclosing a reason for the termination of your membership. After your membership is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
You are responsible for maintaining the confidentiality of the account password you designate during the registration process, and you are fully responsible for all activities that occur from your account. You agree to immediately notify ScreenwriterShowcase.com™ of any unauthorized use of your account or any other breach of security, and ensure that you logout from your account at the end of each session. ScreenwriterShowcase.com™ will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Your Interactions with Other Members
You are solely responsible for your interactions with other members. You understand that ScreenwriterShowcase.com™ currently does not conduct criminal background checks on its members. ScreenwriterShowcase.com™ also does not inquire into the backgrounds of all of its members or attempt to verify the statements of its members. ScreenwriterShowcase.com™ makes no representations or warranties as to the conduct of members. ScreenwriterShowcase.com™ reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches) at any time, using available public records.
In no event shall ScreenwriterShowcase.com™ be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this Website or the Services or persons you meet through the Services. You agree to take reasonable precautions in all interactions with other users of the Services, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to other users of the Services.
Content on ScreenwriterShowcase.com™
ScreenwriterShowcase.com™ owns and retains all proprietary rights in the Website and the Services. The Website contains the copyrighted material, trademarks, and other proprietary information of ScreenwriterShowcase.com™, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by ScreenwriterShowcase.com™, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. ScreenwriterShowcase.com™ does not guarantee the accuracy, completeness, or usefulness of any information on the service of any party that appears on the Website.
ScreenwriterShowcase.com™ does not adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party that appears on the Website.
Under no circumstances will ScreenwriterShowcase.com™ or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any of the Website users.
Content Posted by You on ScreenwriterShowcase.com™
You are solely responsible for the Content that you publish or display (herinafter, "post") on the Services, or transmit to other users of the Services. Any communication or Content you post or transmit to the Website is, and will be treated as, non-confidential and non-proprietary. You are aware that personal information you voluntarily disclose on the Website can be collected and used by others visiting the Website and may result in unsolicited messages from other parties, and shall therefore be your sole responsibility.
You shall be solely responsible for taking all necessary steps to establish and protect your copyright in any creative works you post on the Website, and ScreenwriterShowcase.com™ shall have no obligation with respect thereto. You understand ScreenwriterShowcase.com™ accepts no liability whatsoever for the unauthorized use of all or part of your creative works by any person and you agree to remain fully liable in connection therewith.
You understand that one of the main purposes of ScreenwriterShowcase.com™ is to provide screenwriters and actors as much exposure as possible to increase their chances of success. Therefore, in addition to displaying Content posted by screenwriters or actors on the site, ScreenwriterShowcase.com™ may also email or post through social media content submitted by screenwriters and actors.
You will not post on the Services, or transmit to other users of the Services, any false, fraudulant, harmful, defamatory, inaccurate, abusive, vulgar, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy or publicity). You will not provide inaccurate, misleading or false information to ScreenwriterShowcase.com™ or its users. In addition, you agree not to post information or correspondence that is not of a professional nature or which contravenes US Federal and international trademark or copyright laws and restrictions in any way. You will be responsible for, and indemnify and hold harmless ScreenwriterShowcase.com™ and its subsidiaries, divisions, affiliates, officers, agents, representatives, and other partners and employees against any claim arising from any material that you post or transmit.
You understand and agree that ScreenwriterShowcase.com™ may review and delete any content, messages, photos or Member pages (collectively, "Content"), in each case in whole or in part, that in the sole judgment of ScreenwriterShowcase.com™ violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
All items, messages, posts and communications created on the Website may be used for legal or investigative purposes without notice and without the expectation of privacy.
ScreenwriterShowcase.com™ reserves the right to remove the offending communication from the Services and terminate the membership of Members that post Content that is illegal or prohibited on the Website. Prohibited Content includes, but is not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- contains restricted or password only access pages, or hidden pages or images;
- contains links to Adult Sites or Pay Sites;
- contains sexually explicit images;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- promotes or recruits escorts, escort services, concierge services, executive companions, personal companions, or any service which involves personal gratification services or companionship;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; and
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
Your use of the Services, including but not limited to the Content you post on the Services, must be in accordance with any and all applicable laws and regulations.
All information you post on the Website must be accurate, current and complete. You may not post any telephone numbers or street addresses on your Member pages on the Website.
You understand ScreenwriterShowcase.com™ is not a file backup service. You agree to keep a copy of any submitted Content on your own computer or your own backup media since the Content may be removed from the Website for any of the reasons mentioned in this Agreement.
ScreenwriterShowcase.com™ reserves the right to investigate and terminate your membership if you have misused the Services or behaved in a way which could be regarded as inappropriate. The following is a partial list of the type of actions that you may not engage in with respect to the Services:
- You will not impersonate any person or entity.
- You will not stalk or harass any person.
- You will not express or imply that any statements you make are endorsed by ScreenwriterShowcase.com™ without our specific prior written consent.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not interfere with or disrupt the Services or the servers or networks connected to the Services.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or the Website or any software used on or for the Services or cause others to do so.
Your subscription will continue indefinitely until cancelled by you or ScreenwriterShowcase.com™. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your subscription will be subject to this automatic renewal feature. If you do not wish your subscription to renew automatically, or if you want to terminate your subscription, cancel your subscription here. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize ScreenwriterShowcase.com™ to charge your payment method at signup and again at the beginning of any subsequent subscription period. Upon the renewal of your subscription, if ScreenwriterShowcase.com™ does not receive payment, you agree that ScreenwriterShowcase.com™ may terminate your subscription.
Any free trial or other promotion that provides subscriber-level access to the Services must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee.
Modifications to Services
ScreenwriterShowcase.com™ reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ScreenwriterShowcase.com™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Linking to ScreenwriterShowcase.com™
You are granted a limited, revocable, and non-exclusive right to create a link to ScreenwriterShowcase.com™ as long as:
- the link does not portray ScreenwriterShowcase.com™ or its Services in a false, misleading, derogatory, or otherwise offensive manner;
- your website does not engage in illegal or pornographic activities; and
- you discontinue providing links to the Website immediately upon request by ScreenwriterShowcase.com™.
You are solely responsible for your interactions with other ScreenwriterShowcase.com™ users. ScreenwriterShowcase.com™ reserves the right, but has no obligation, to monitor disputes between you and other ScreenwriterShowcase.com™ users.
When you become a Member, you agree and consent to receive email messages from us regarding the Services.
The Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. ScreenwriterShowcase.com™ is not responsible for any error, inaccuracy, problem or illegality in the advertisers' or sponsors' materials.
ScreenwriterShowcase.com™ is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Services. ScreenwriterShowcase.com™ is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Services. ScreenwriterShowcase.com™ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. ScreenwriterShowcase.com™ is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, email or media players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will ScreenwriterShowcase.com™ or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Services, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Services are provided on an "AS IS" and "AS AVAILABLE" basis. ScreenwriterShowcase.com™ expressly disclaims any warranty of fitness for a particular purpose or non-infringement. You expressly agree that your use of this Website is at your sole risk. ScreenwriterShowcase.com™ does not warrant that the Website, its servers, or email sent from ScreenwriterShowcase.com™ are free of errors, viruses or other harmful components. ScreenwriterShowcase.com™ will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
You understand that technical issues sometimes arise with computer servers. If such an issue should occur and ScreenwriterShowcase.com™ is unable to restore your Content to the Website, you will need to resubmit your Content to get it displayed on the Website.
You understand that from time to time, technical issues can occur that prevent some or all features of the ScreenwriterShowcase.com™ site from functioning. ScreenwriterShowcase.com™ cannot guarantee that the site will be functional 100% of the time should technical issues arise.
ScreenwriterShowcase.com™ is not a production company or an agency. ScreenwriterShowcase.com™ only provides the Services to Members as a means of networking and self-promotion. ScreenwriterShowcase.com™ cannot guarantee and does not promise any specific results from use of the Services.
ScreenwriterShowcase.com™ does not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. Any advice that may be posted on the Website is for informational, promotional and entertainment purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. ScreenwriterShowcase.com™ makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional, legal or medical advice, you should consult with an appropriately trained and qualified specialist.
By visiting ScreenwriterShowcase.com™, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ScreenwriterShowcase.com™.
The Services may provide, or third parties may provide, links to other websites or resources. Because ScreenwriterShowcase.com™ has no control over such websites and resources, you acknowledge and agree that ScreenwriterShowcase.com™ is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that ScreenwriterShowcase.com™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such website or resource.
Limitation on Liability
In no event will ScreenwriterShowcase.com™ be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or Services, even if ScreenwriterShowcase.com™ has been advised of the possibility of such damages.
Indemnity by You
You agree to indemnify and hold ScreenwriterShowcase.com™, its subsidiaries, divisions, affiliates, officers, agents, representatives, and other partners and employees, harmless from any loss, liability, claim, or demand, including attorney's fees, made by any third party, whether or not groundless, due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
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