TERMS OF USE

ACCEPTANCE OF TERMS OF USE THROUGH USE

By using www.shakespearences.com (the "Site"), you signify your agreement to all terms of use, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use, do not use this Site. The Web is an evolving medium and therefore Eric Minton, Writer/Editor, the publisher of this Site (hereinafter, "shakespeareances.com") reserves the right, at his discretion, to update or revise these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

CHAT ROOMS AND FORUMS

Shakespeareances.com wants to encourage an open exchange of information and ideas. However, shakespeareances.com cannot and does not review every posting made on any chat rooms, forums, and other public posting areas. You can expect these areas to include information and opinions from a variety of individuals and organizations other than shakespeareances.com and its staff. Shakespeareances.com does not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff.

Responsibility for what is posted on chat rooms, forums, and other public posting areas on the Site lies with each user - you alone are responsible for material you post. By using the Site you agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights of others. Shakespeareances.com retains the right to deny access to anyone who it believes has violated these terms or any other term found in this Terms of Use.

Although shakespeareances.com cannot monitor all the postings on chat rooms, forums, and other public areas, shakespeareances.com reserves the right (but assumes no obligation) to delete, move, or edit any postings that it considers unacceptable or inappropriate, whether for legal or other reasons. Shakespeareances.com will not, in the ordinary course of business, review private electronic messages that are not addressed to shakespeareances.com. However, shakespeareances.com will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.

THIRD PARTY SITES

This Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of shakespeareances.com, and you acknowledge that shakespeareances.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. Shakespeareances.com has not reviewed all of the sites linked to the Site and therefore the inclusion of such a link does not imply endorsement of the site by shakespeareances.com or any association with its operators. Your linking to any other off-site pages or other sites is at your own risk.

PROPRIETARY RIGHTS

All trademarks, service marks, logos, and company names (each a "Mark") used in this Site are the property of shakespeareances.com or third parties and shall remain the property of shakespeareances.com and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Site without the written permission of shakespeareances.com or such third party that may own the Mark displayed on the Site. Your use of any Mark displayed on the Site is strictly prohibited.

You acknowledge and agree that all other content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by shakespeareances.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from shakespeareances.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of shakespeareances.com. For information on requesting such permission, please click here.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this Site, you:

grant shakespeareances.com the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote such content in any form, anywhere and for any purpose; and
warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by shakespeareances.com will not infringe or violate the rights of any third party or violate any law.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please notify shakespeareances.com's Copyright Agent identified below. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, your notice must include the following information to be effective:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Shakespeareances.com's Copyright Agent:

Attn: Eric Minton

13708 Springstone Court

Clifton, VA 20124

Phone: (703) 868-4086

Email: [email protected]

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. SHAKESPEAREANCES.COM AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SHAKESPEAREANCES.COM OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SHAKESPEAREANCES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SHAKESPEAREANCES.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SHAKESPEAREANCES.COM'S LIABILITY FOR DIRECT DAMAGES IN THE AGGREGATE EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS.

INDEMNIFICATION

By using this Site you agree to defend, indemnify, and hold harmless shakespeareances.com and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from: (a) any content posted by you to the Site; or (b) any use or misuse of this Site by you. Shakespeareances.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with shakespeareances.com in asserting any available defenses.

INTERNATIONAL USE

Recognizing the global nature of the Internet, shakespeareances.com makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing such materials from or distributing such materials to territories where their contents are illegal is strictly prohibited. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflicts-of-law rules.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and shakespeareances.com with respect to this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and shakespeareances.com with respect to this Site. If any provision of this Terms of Use is held to be illegal, invalid or unenforceable under present or future law effective during the term hereof, such provision shall be fully severable and this Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom.

TERMINATION

Shakespeareances.com reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.