Green Room Press Membership Agreement

Please read these terms carefully, since your registration on Green Room Press’ (“Green Room”) site creates a binding legal agreement. Upon registration, you accept these terms as they are presented. No changes (additions or deletions) will be accepted by Green Room. If you do not accept these terms, you will not be allowed to enroll as a Member.

 

Legal Agreement

The terms and conditions set forth in this document apply to all persons ("User" or “you”) who register as Members on Green Room’s website ("Site"), and constitutes a binding, legal agreement ("Agreement") between the User and Green Room Press ("us").

Please read the information below carefully. By using the Site as a Member, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement. We encourage you to print and keep a copy of this Agreement for future reference.

This Agreement incorporates Green Room’s Terms of Use. The Terms of Use include provisions related to community use and conduct, privacy, restrictions on use of Content, adherence to copyright laws, disclaimers, limitations of liability, proprietary rights, applicable law, dispute resolution, and other matters. The terms set out in the Member Agreement govern in the event of any conflict with the provisions of the Terms of Use.

The Member Agreement and the Terms of Use, together with any other terms required by any particular Work, constitute the entire agreement between you and Green Room concerning the use of the Site and the delivery of goods and services by Green Room.

Introduction
Green Room is a tool that enables distribution of relevant artistic information that spans the full range of the arts and performing arts. We provide a service that enables users to publish, license rights, or purchase digital Works online.

Content and Works

Content includes ratings, reviews, messages and/or other materials that you post to forums or other locations on Green Room and that can be viewed by other users. When you post Content on Green Room through forums, reviews or other locations, you keep your copyright, but you grant Green Room the nonexclusive right to post, display, copy, and modify that Content in connection with the operation of the Site and Green Room’s business and to sell or otherwise transfer that Content in connection with transfer of operation and/or ownership of the forum, reviews, or other location to which the Content was posted. Works include material submitted for publication or other distribution, which a Member has the right to purchase.

By uploading or posting Content to the Site, you represent and warrant, at all times during the term of this Agreement, that the Content:

  • Is owned by you, or you have permission to provide the Content to Green Room for use as described above without charge to Green Room. and in either case, that the Content does not contain any Personal Data about any individual other than you.
  • Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
  • Does not invade any individual's right of privacy or publicity;
  • Does not contain material that is unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, abusive, inflammatory, or otherwise objectionable.
  • Does not include malicious code, which includes without limitation, viruses, Trojan horses, worms, time bombs, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, passwords, or personal information (including Personal Data);
  • Does not break any law, encourage or facilitate the breaking of any law, or violate any applicable regulation of Green Room's policies;
  • Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
  • To the best of your knowledge, all factual information in the Content you post or upload is true and accurate, and will not result in personal injury to any person.

As a Green Room Member, you will not transmit or post Content that violates the terms described above. In addition to complying with all restrictions on conduct and Content contained in this Agreement (and the Terms of Use), you are responsible for adhering to all local and national laws that pertain to your location.

Green Room reserves the right to refuse the posting of or to remove from the Site any Content or other materials that Green Room, in its sole discretion, deems inappropriate or in violation of this Agreement.

You are solely responsible for any Content you upload or post to the Site. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Green Room responsible for any inadvertent damage to, corruption of or destruction of the Content. Green Room is not responsible for backing up the Content. You are responsible for maintaining all Content and information on your own computer. If any Content transmitted to Green Room is damaged, lost or corrupted in any way, Green Room will have no obligation or liability to you.

Privacy
Green Room collects your personal phone number, e-mail address, and physical address (collectively “Personal Data”) when you visit Green Room pages, use services from Green Room, or register as a Member on Green Room. Your Personal Data is used to fulfill your requests for products and services, to conduct research, to contact you, and to improve Green Room services. Green Room endeavors to limit retrieval of your Personal Data to only those parties who reasonably need access to complete these purposes. You may log in to view and edit your account information at any time. Green Room will disclose Personal Data under the following circumstances:

  • In response to subpoenas, court order, or other legal process to establish or exercise Green Room’s legal rights or defend against a legal claim, or as otherwise required by law;
  • As necessary to investigate, prevent, or take action regarding violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;
  • To trusted partners who work on Green Room's behalf; and
  • If Green Room is acquired by or merged with another company, to that company.
  • As requested by you directly or as part of promotional programs or services enabled by you.

If you include your Personal Data in Content that you post on the Site, it will be included with your Content when you post it in forums, reviews or other locations. By including Personal Data in the Content you provide, you authorize Green Room to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content. Green Room is not liable for any damage that may be incurred due to use of Personal Data made available as part of Content posted on Green Room's site. Your Personal Data does not include your Green Room Public Name or any other Content you make available. Your Green Room Public Name and Content may be displayed on the Site to other users.

Registration and Information

It is important that you correctly complete the information requested in the Customer Account registration form ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your Customer Account. Remember, it is your responsibility to keep all of your User Information current. You will have the opportunity to select a password during the Customer Account registration process. You are solely responsible in all respects for: (a) all use of the Site made using your login and password and (b) maintaining the confidentiality of your login and password. Only one individual may access the Site at the same time using the same login and password. You agree to notify us immediately if you become aware of any unauthorized use of your e-mail address, Public Name, or password or any other breach of security regarding your Customer Account or the Site. Green Room may refuse to grant you an account or may terminate the use of a login, Public Name or password that impersonates someone else, is protected by trademark or other proprietary right law, is deemed offensive or for any other reason.

 

Terminating Membership

If you choose to terminate your membership simply cease using the website. The terms of this Agreement regarding any Content you have previously uploaded remain applicable. Content that you have posted to the Site will not be deleted or retired as a result of your termination. Green Room will retain your User Information only for so long as is reasonably required to fulfill the purposes for which it was collected, but data retained in backups will be removed only as the backups are purged in the normal course of Green Room’s backup procedures. All provisions of this Agreement relating to disclaimers, limitations of liability, indemnification, and proprietary rights shall survive termination.

 

Indemnification and Maintenance of Rights

You will indemnify, defend and hold us and our affiliates (and the respective employees, directors, members, managers and representatives of each) harmless from and against any and all claims, judgments, damages and expenses (including without limitation reasonable attorneys' fees) (collectively, "Claims") arising out of any breach or alleged breach by you of the terms of this Agreement, including without limitation the terms contained within the Terms of Use.

 

Disclaimers and No Warranties

EVERYTHING ON GREEN ROOM'S SITE AND EVERYTHING SOLD VIA THE SITE, INCLUDING ALL SOFTWARE, SERVICES, INFORMATION, MATERIALS, FORUMS, TOOLS, CONTENT AND WORKS IS OFFERED BY GREEN ROOM AND ITS THIRD-PARTY LICENSORS AND CONTENT PROVIDERS ON AN "AS-IS," "AS-AVAILABLE" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT; (B) THAT THE SERVICES OR THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL SUCH WARRANTIES. WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. REGARDING DOWNLOADS, GREEN ROOM DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL AND DOES NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. GREEN ROOM WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.

 

Limitation of Liability

IN NO EVENT SHALL GREEN ROOM OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS OR THIRD-PARTY LICENSORS AND CONTENT PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, COVER, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, OR LOST BUSINESS) DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF THE SITE, CONTENT ON OR SOLD THROUGH THE SITE, OR ANY TRANSACTION ENTERED HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF GREEN ROOM OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE LIABILITY OF GREEN ROOM, ITS OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH ANY TRANSACTION ENTERED INTO THROUGH OR IN CONNECTION WITH THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO GREEN ROOM IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH CLAIM. ANY ACTION UNDER THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION OCCURS.

 

 

 

The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Green Room, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Green Room in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.

 
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