1. READ THIS
This Terms of Use Agreement (“Agreement”) is made by and between National New Play Network, Ltd. (“NNPN”), a New York State not-for-profit corporation, with offices at 641 D Street NW, Washington, DC 20004, and you (“you,” “your,” or “User”). This Agreement contains the terms and conditions that govern your use of the New Play Exchange (“NPX”) or any other site owned or operated by NNPN (the “Web Site(s)”).
By accessing, visiting, browsing, using, or attempting to interact with any part of this Web Site, or other NNPN software, services, Web Sites, or any of NNPN’s licensees services or software (collectively “Services”), you agree that you have read, understand, and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or use any part of this Web Site.
NNPN reserves the right, from time to time, to make changes to this Agreement at NNPN’s sole discretion. Continued use of any part of this Web Site constitutes your acceptance of such changes. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink located at the bottom of every page on the NNPN Web Site.
2. ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If NNPN believes the information you provide is not correct, current, or complete, NNPN has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
3. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. As a condition of your use of NNPN’s Web Site(s), you warrant to NNPN that you will not use the Web Site(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of NNPN. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with NNPN in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease. In addition, you may not use NNPN’s Web Site(s) in any manner which could disable, overburden, damage, or impair the Web Site(s) or interfere with any other party's use and enjoyment of the Web Site(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Web Site(s).
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
NNPN’s Web Site(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without NNPN’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to NNPN’s Web Sites.
5. PROPRIETARY INFORMATION
The material and content accessible from this site, and any other Web Site owned, operated, licensed, or otherwise controlled by NNPN (the “Content”) is the proprietary information of NNPN or the party that provided or licensed the Content to NNPN, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of NNPN, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates NNPN’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
6. HYPER-LINKS
This site may be hyper-linked to other sites which are not maintained by, or related to, NNPN. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or NNPN. NNPN has not reviewed any or all of such sites and is not responsible for the content of those sites. NNPN is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and NNPN makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this site. NNPN provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by NNPN of that site or any association with its operators.
7. USE OF COMMUNICATION SERVICES
NNPN’s Web Sites will contain communication facilities designed to allow you to make recommendations about content uploaded by other users (“Recommendations”). In addition, some accounts permit users to upload comments and annotations (collectively, “Private Notes”) using the Private Notes function, which may only be viewed by the user uploading the Private Note or anyone to whom that user has given permission to control or access their account. (Recommendations and Private Notes are referred to collectively as “Communications Services”). You agree to use the Communication Services only to post Recommendations that are positive and appropriate. NNPN shall have the right to remove any Recommendation it deems negative or inappropriate, in its sole discretion. You agree, furthermore, to avoid writing critical reviews of any content discovered on NNPN's Web Sites in any other public forum, including blogs, newspapers, and social media neworks.
With respect to both Recommendations and Private Notes, among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
(i) You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
(ii) Advocates illegal activity or discusses an intent to commit an illegal act;
(iii) Is vulgar, obscene, pornographic, or indecent;
(iv) Does not pertain directly to this site;
(v) Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
(vi) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(vii) Violates any law or may be considered to violate any law;
(viii) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(ix) Falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
(x) Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
(xi) Solicits funds, advertisers, or sponsors;
(xii) Amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
(xiii) Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
(xiv) Contains URLs to other sites that contain content that falls within the descriptions set forth above.
NNPN reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. NNPN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. NNPN also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit (subject to your approval), refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither NNPN nor any third party that provides Content to NNPN will assume or have any liability for any action or inaction by NNPN or such third party with respect to any submission. NNPN cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. NNPN does not control or endorse the content, messages, or information found in any Communication Service and, consequently, NNPN specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NNPN spokespersons, and their views do not necessarily reflect those of NNPN.
8. SUBMISSIONS
You hereby grant to NNPN the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce distribute, download and display your Recommendations and Private Notes communicated to NNPN through the Web Site (collectively, the “Communications”). NNPN will not be required to treat any Communications as confidential (except for private script notes and annotations using the “Private Notes” function), and may use any Communications in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future NNPN operations.
With regard to any dramatic work that you submit for posting on the Web Site (a “Submission”), the Submission remains under your sole ownership and control. You grant permission to NNPN to host the Submission on the Web Site and make it available to its subscribers as a searchable “read-only” document, with your permission contingent on NNPN providing adequate notification to the public that access to the Submission does not imply a grant of any right to perform, distribute, copy or otherwise use the Submission without your written approval. You may offer such additional permissions to NNPN that it may request, or withdraw the Submission from the Web Site and terminate its permission, as you may subsequently agree to in writing.
NNPN will treat any personal information that you submit through this site in accordance with its Privacy Policy.
9. DISCLAIMER
You understand that NNPN cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. NNPN does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by NNPN.
Your use of this Web Site is at your own risk. The content is provided “as is” and without warranties of any kind, either expressed or implied. NNPN disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. NNPN does not warrant that the functions or content contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that this Web Site or the server that makes it available are free of viruses or other harmful components. NNPN does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and NNPN may make changes or improvements at any time. You, and not NNPN, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of this site or its content. NNPN makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and NNPN does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
10. LIMITATION ON LIABILITY
NNPN, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if NNPN has been advised of the possibility of such damages. In no event will the collective liability of NNPN and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to NNPN for the applicable content or service out of which liability arose.
11. TERMINATION OR RESTRICTION OF ACCESS
NNPN reserves the right, in its sole discretion, to terminate your access to any or all of NNPN’s Web Sites and the related services or any portion thereof at any time, without notice.
12. INDEMNITY
You will indemnify and hold NNPN, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
13. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of NNPN or the party that provided the trademarks, services marks, logos, and copyrighted works to NNPN. NNPN and any party that provided trademarks, service marks, logos, and copyrighted works to NNPN retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents of NNPN’s Web Sites are: Copyright © 2014, National New Play Network, Ltd., 641 D Street NW, Washington, DC 20004. All rights reserved.
14. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NNPN’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying NNPN and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
NNPN’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows (as more fully described in the DMCA Policy):
National New Play Network, Ltd., Legal Department
641 D Street NW
Washington, DC 20004
phone: 202.349.1283
fax: 202.289.2446
15. SECURITY
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). NNPN will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that NNPN considers insecure, NNPN will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, NNPN reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. NNPN reserves the right to investigate suspected violations of these Terms of Use.
NNPN reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction NNPN to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
By accepting this Agreement you waive and hold harmless NNPN from any claims resulting from any action taken by NNPN during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either NNPN or law enforcement authorities.
16. MISCELLANEOUS
These Terms of Use will be governed and interpreted pursuant to the laws of Washington, District of Columbia, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Washington, District of Columbia, in connection with any dispute between you and NNPN arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Washington, District of Columbia.
If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NNPN as a result of this agreement or use of NNPN’s Web Sites.
These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and NNPN with respect to NNPN’s Web Sites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
NNPN may revise these Terms of Use at any time by updating this posting.