TERMS AND CONDITIONS OF USE
IMPORTANT-READ CAREFULLY: BY USING DRAMALIST, INC.'S COMMUNITY AND PROMOTIONAL TOOLS ("INTERNET SERVICES"), YOU AGREE TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY EXCLUSIVELY TO YOUR ACCESS TO, AND USE OF, DRAMALIST'S INTERNET SERVICES AND DO NOT ALTER IN ANY WAY THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH DRAMALIST. IF YOU DO NOT AGREE, DO NOT USE DRAMALIST'S INTERNET SERVICES, OR, IF YOU ARE ALREADY USING DRAMALIST'S INTERNET SERVICES, CEASE USE IMMEDIATELY.
DramaList's Internet Services are provided to allow DramaList users to interact with each other via live chat and electronic bulletin boards in a relaxed and friendly atmosphere. General questions, comments, or complaints about DramaList's Internet Services may be directed to DramaList's customer service If you discover a posting which violates these terms, please contact our customer service
2. Interactive Areas
DramaList's Internet Services include interactive areas, such as posting projects and contacting other professionals. Interactive areas shall be used only for non-commercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
DramaList shall have the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas.
DramaList may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. DramaList reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. DramaList also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
In order to cooperate with governmental requests, to protect DramaList's systems and customers, or to ensure the integrity and operation of DramaList's business and systems, DramaList may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
You shall remain solely liable for the Content of any messages or other information you upload or transmit to DramaList, including the discussion forums or interactive areas of this Web site. You agree to indemnify and hold harmless DramaList from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.
5. Hyperlinks and Other Materials
Use of DramaList's Internet Services and any materials obtained therefrom is strictly at your own risk. DramaList takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, DramaList is not liable for any statements, representations, or Content provided by its users in any forum or interactive area.
DramaList makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites or other materials accessible from or through DramaList's Internet Services by hyperlink or other method. These linked sites are not under the control of DramaList and DramaList is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by DramaList of the site or any information contained therein.
Any software, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available through DramaList's Internet Services is licensed to you by DramaList. DramaList shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to DramaList are non-confidential and shall become the sole property of DramaList. DramaList shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to DramaList, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
DRAMALIST'S INTERNET SERVICES AND ANY MATERIALS PROVIDED THEREIN, INCLUDING ANY SOFTWARE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DRAMALIST DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DRAMALIST DOES NOT REPRESENT OR WARRANT THAT ITS INTERNET SERVICES OR ANY MATERIALS CONTAINED THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DRAMALIST DOES NOT REPRESENT OR WARRANT THAT ITS INTERNET SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DramaList reserves the right to change or modify any and all content, functionality, or operation of its Internet Services at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DramaList.
9. Limitation of Liability
IN NO EVENT SHALL DRAMALIST BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF DRAMALIST'S INTERNET SERVICES, THIS WEB SITE OR THE MATERIALS CONTAINED OR ACCESSED THEREFROM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DRAMALIST (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF DRAMALIST'S INTERNET SERVICES EXCEED $5.00 OR THE COMPENSATION YOU PAID DRAMALIST, WHICHEVER IS LESS.
10. Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the state of California, applicable to agreements made and entirely to be performed within the state of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in San Francisco located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
11. Modification & Amendments
DramaList reserves the right to amend at any time any policies governing its Internet Services, including this agreement, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately upon posting. If you do not accept the amended terms, you should cease using DramaList's Internet Services. Your continued use of DramaList's Internet Services will constitute acceptance of the modifications or amendments by you.
Notwithstanding any of these terms and conditions, DramaList reserves the right, without notice and in its sole discretion, to terminate your license to use DramaList's Internet Services and its Web site, and to block or prevent future access to and use of such services.
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
See also the DramaList general terms and conditions