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1. Description of Service
eProduction is an internet-based theatre production scheduling and managment
service. This service primarily provides members with timely information
on production scheduling information and other miscellaneous services related
to theatrical production and stage management. This service is provided
"AS-IS" and eProduction is not responsible for failure to store information,
mis-delivery of information or the timliness of any information entered or
stored with the service. You understand that the service may include
advertisements which are necessary to provide the service. You
understand and agree that you are responsible for obtaining access to the
service and such access may involve third-party fees (i.e.: Internet Service
provider.) you are responsible for those fees including those fees
associated with the delivery or display of advertistments. You understand
and agree that this service is to be used only for the stated purpose and no
other, including, but not limited to, use by film and television production
companies or affiliates.
2. Your Registration Obligations
You represent that you are of legal age to form a binding contract and
are not a person barred from receiving services under the laws of the United
States. You repressnt that you or any persons you
might register for this service are at least 13 years of age. You
also agree to provide true, accurate and current data about yourself as
prompted by the registration form. If you provide any information that is
innacurate, untrue or not current or if eProduction has reasonable grounds to
suspect that such information is untrue, inaccurate or not current, eProduction
has the right to terminate your account and refuse any and all current use
of the service.
3. Privacy Policy
One of the primary purposes of this service is to provide personal
information about you to theatre organizations and to communicate
information about theatres and scheduling to artists, visting artists
and staff. As such, your privacy is a major
concern. Our full privacy policy is
published as a separate document.
4. User Name, Password and Security
Upon registration you will receive a password and user name. You
are fully responsible for maintaining the confidentiality of the password and
account and for any activities which occur using that password and
account. You agree to immediately notify eProduction of any unauthorized
use of your password or account. You understand and agree that you
may be responsible for any damages caused by the unauthorized use of your
account. Further, you understand and agree that eProduction cannot
be liable for any loss or damage arising from your failue to comply with this
section.
5. Conduct
You understand that all materials are the sole responsibility of
the person from whom the content originated. This mean that you, not
eProduction, are responsible for any material you post or transmit to the
service. eProduction does not and cannot control the content posted via
the service and does not guarantee the accuracy, integrity or quality of such
content. You understand and agree that that eProduction will not be
liable for in any way for any content, including, but not limited to any errors
or omissions in any content, or any loss or damage incurred as a result of the
use of any content posted, emailed or otherwise made available via the service.
You agree not to use the service to (a) upload, post, email, transmit
or otherwise make available any content that is unlawful, harmful, threatning,
abusive, harasing, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethinically or otherwise objectionable; (b)
impersonate any entity or falesly state or otherwise misrepresent your
affiliation with a person or entity; (c) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any content transmitted through
the service; (d) upload, post, email or otherwise make available any content
that you do not have a right to make; (e) upload, post, email or otherwise make
available any content that infringes a patent, trademark, trade secret,
copyright or other proprietary rights or any party; (f) upload, post, emaili or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "Junk Mail," "Spam," "Chain Letters," "Pyramid Schemes,"
or any other form of solicitation; (g) upload, post, email or otherwise make
available 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 hardware or software or telecommunications
equipment; (i) interfere with or disrupt the service in or servers conntected
to the service in any way; (j) intentionally or unintentionally violate any
applicable local, state, national or international law; (k) "stalk" or
otherwise harass another.
You acknowledge and consent that eProduction may access, preserve and
disclose your account information and content if if required to do so by law or
in a good faith belief that such access or disclosure is necessary to: (a)
comply with legal process; (b) Enforce the TOS; (c) respond to claims that
any content violates the rights of a third-parties; (d) respond to your
requests for customer service; (e) protect the rights, property or personal
safety of eProduction, it's users and the public.
6. Indemnity
You agree to indemnify and and hold eProduction, its employess
and affiliates harmless from any claim or demand including reasonable
attoreny's fees, made by any third party due to or arising out of content you
submit, post, email or otherise make available through the service, you use of
the service, your connection to the internet, your violation of the TOS,
or your violation of any rights of another.
7. Resale of Service
You agree not to reproduce, copy, sell, trade, resell, or exploit for
any commercial purpose this service, its use or your access. You
understand and agree that eProduction may terminate your service for failure to
comply with this section.
8. Termination
You agree that eProduction may, under certain circumstances,
immediately terminate your account and any associated content and your access
to the service. Causes for termination include but are not limited to,
violations of the TOS or other agreements or guidelines, requests by law
enforcement or government agencies, a request by you, discontiniuation of the
service, unexpected technical problems and extended periods of
inactivity. You agree that eProduction shall not be liable to you or any
third party for termination of your account or any associated damages.
9. Disclaimer of Warranties
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service
is provided "AS-IS" and on an "AS AVAILABLE" basis. eProduction expressly
disclaims all warranties of any kind, whether expressed or implied, including,
but not limited to the the implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
b. eProduction does not warranty that the service will meet your
requirements, that the service will be uninterrupted, timely, secure or
error-free, that the results from the service will be accurate or reliable or
that any software errors will be corrected.
c. Any content downloaded or otherwise obtained form the service
is received at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or loss of data that results
from the download of any such material.
10. Epilepsy Warning
Some people are susceptible to epileptic seizures or loss of
consciousness when exposed to certain background patterns or flashing
lights. This may occur in persons with no history of epileptic
seizures. IMMEDIATELY discontinue use of the service and consult your
physician if you experience any of the following symptoms: Dizziness,
blurred vision, eye or muscle twitches, loss of consciousness, disorientation
or any involuntary movement or convulsion.
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