Effective as of July 1, 2013
These Terms are accepted by and upon Your use of the Website and is further affirmed by You affirmatively acting in any manner in connection with the Website, including but not limited enrolling in a course. YOU AGREE THAT BY USING THE WEBSITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
DIGITAL MILLENNIUM COPYRIGHT ACT STATEMENT. This section describes the required steps that must be taken to file a notice of infringement. If you believe that ScreenwritingDirectory.com has posted or made available content or material regarding a screenplay / script that you, as the copyright holder, do not want to be public you may submit a notice to our company.
Send your notice of infringement to SCREENWRITING DIRECTORY ATTN: NOTICE OF INFRINGMENT 3510 WEST MAGNOLIA BLVD. BURBANK, CA 91505. Include the following:
- The name and URL of the infringed copyrighted work.
- Description of the work being infringed upon.
- Your contact information including a physical address, email address and daytime phone number.
- Description of the work you believe has been infringed upon.
- Include the following statement: "I state that the information contained in this correspondence is accurate and that I am the copyright owner or that I am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed."
- Sign and date the correspondence.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an item is protected by copyright laws.
- Resell, lease, transfer, lend, timeshare or syndicate or use the Website or the Content for commercial use;
- Distribute or publicly perform or publicly display the Website or the Content;
- Modify, adapt, translate, or create any derivative works of the Website or the Content, or any portion thereof;
- Remove, deface, obscure, or alter any copyright, trademark, or other proprietary information related to the Website or the Content;
- Create or attempt to create a similar service or product through use or access to the Website or the Content; or
- Use the Website or the Content other than for its intended purpose.
TRADEMARK INFORMATION. ScreenwritingDirectory.com and other marks used on the Website are registered and/or common law trademarks of Screenwriting Directory and it's parent company F+W Media, Inc. All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ScreenwritingDirectory.com or its content suppliers. ScreenwritingDirectory.com trademarks and trade dress may not be used in connection with any product or service that is not ours or approved by us in advance and in writing, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ScreenwritingDirectory.com, its parents, and its or their subsidiaries, affiliates, licensees, licensors or its content suppliers. All other trademarks not owned by ScreenwritingDirectory.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ScreenwritingDirectory.com, its parents, and its or their subsidiaries, affiliates, licensees or its content suppliers and may be subject to different terms and conditions.
MODIFICATIONS OF TERMS. ScreenwritingDirectory.com may modify the Website, and/or any subsite, or affiliated site, or any Content contained thereon and/or these Terms at any time and without notice to You, and any such modification will be effective upon posting to the Website. Your continued use of the Website indicates Your acceptance of any amendments to the Terms. Changes in the Terms or in the Terms of any other affiliated website do not affect the terms and conditions of any other website until and unless changed on that website.
LINKS; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. ScreenwritingDirectory.com makes no representation as to the qualifications or competency or fitness or accuracy of the Website or any Content, whether free or purchased, for any particular purpose or use. You agree to indemnify and hold harmless ScreenwritingDirectory.com from any and all claims, actions, causes of actions, liability, costs, damages, demands, debts, obligations of any nature, whether known or unknown, suspected or unsuspected, arising out of, or in connection with Your use of the Website or any Content on , whether free or purchased. ScreenwritingDirectory.com makes no warranty, either express or implied, as to the reputability or fitness for a particular purpose for the Website or Content, whether free or purchased. ScreenwritingDirectory.com and its Content providers do not represent or warrant that the Website or the Content is accurate, complete, current or error-free, or that the Website or the Content are free of viruses or other harmful components. It is recommended that you use industry-recognized software to detect and disinfect any viruses prior to downloading any content. This Hold Harmless and Release is material consideration for ScreenwritingDirectory.com allowing access to the Website or the Content. If You do not agree, You should not enroll in any courses, nor should You access the Website or the Content.
LINKS. Inclusion of any linked website on ScreenwritingDirectory.com does not imply approval or endorsement of the linked website by ScreenwritingDirectory.com, even where said linked website is affiliated with ScreenwritingDirectory.com. When You access these affiliated or third-party sites, You do so at Your own risk and You should read the terms and conditions and privacy policies of those sites before continuing to access those sites. ScreenwritingDirectory.com takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers. ScreenwritingDirectory.com is not responsible for the conduct, online or offline, of any of its third party affiliates, including, but not limited to, its course creators and instructors. ScreenwritingDirectory.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any communication between You and the Website, or any course creator or instructor. Under no circumstances will ScreenwritingDirectory.com be responsible for any loss or damage, including personal injury or death, resulting from Your use of the Website or the Content, from any content posted on or through the Website, or the conduct of any of its affiliates, course creators or instructors, or users of the Website, whether online or offline.
DISCLAIMER OF WARRANTIES. You understand and agree that Your use of the Website or the Content is at Your own discretion and risk. You agree that You will not hold ScreenwritingDirectory.com responsible for other users' or any third parties' actions or inactions, including with respect to the Website or the Content, or goods and services posted or for sale in connection with the Website. YOU UNDERSTAND AND AGREE THAT THE WEBSITE OR THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SCREENWRITINGDIRECTORY.COM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE WEBSITE (INCLUDING THE SERVER THAT MAKES IT AVAILABLE) AND ANY CONTENT OR GOODS AVAILABLE FOR SALE IN CONNECTION THEREWITH, AND ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SCREENWRITINGDIRECTORY.COM OR ANY OF ITS PRINCIPALS, OWNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, JOINT VENTURERS, CONTRACTORS, CONSULTANTS, SUPPLIERS, LICENSEES AND OTHER AFFILIATES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE WEBSITE, OR ANY CONTENT OFFERED ON THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IF SCREENWRITINGDIRECTORY.COM IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY WILL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID US FOR THE GOODS AND/OR SERVICES GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS (U.S. $100).
DISPUTE RESOLUTION; CHOICE OF LAW. If there is any dispute about or involving the Website or any of its content or Software, You agree that the dispute will be governed by the laws of the State of California without regard to any conflict of law provisions that would purport to change the choice of law and You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. Either ScreenwritingDirectory.com or You may demand that any dispute between ScreenwritingDirectory.com and You arising out of these Terms must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California. Notwithstanding the demand for Arbitration by either party, it is agreed that the Arbiter will apply the laws of State of California. This Arbitration provision will not apply to the extent You have in any manner violated or threatened to violate ScreenwritingDirectory.com's intellectual property rights and ScreenwritingDirectory.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and You consent to exclusive jurisdiction and venue in such courts.
ONLINE CONDUCT; GLOBAL NATURE OF THE INTERNET. The Website or the services may include discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms, or message boards, or other services in which You or other users create, post, or store any content, messages, materials, data, information, or other materials on the Website ("User Content"). Interactive Areas are provided on an "as-is" and "as available" basis. Your use of such Interactive Areas is at your own risk. Recognizing the global nature of the Internet, You agree to comply with all rules regarding online conduct and use of the Website, the Content, and related services. 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. You agree to indemnify and hold harmless ScreenwritingDirectory.com from any and all claims, actions, causes of actions, liability, costs, damages, demands, debts, obligations of any nature, whether known or unknown, suspected or unsuspected, arising out of, or in connection with Your use of the Interactive Areas, and any User Content You post on the Website. ScreenwritingDirectory.com makes no representation that the Content on this Website or the Website itself are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited.
STORAGE AND USE OF YOUR INFORMATION BY THE SCREENWRITINGDIRECTORY.COM. You acknowledge, consent and agree that ScreenwritingDirectory.com may access, preserve and disclose, without Your consent and without notice to You, Your account information and any content posted to the Website if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that the Website or the Content violates the rights of third parties; (iv) respond to Your requests for customer service; or (v) protect the rights, property or personal safety of ScreenwritingDirectory.com, its users and the public.
CALIFORNIA PRIVACY RIGHTS. Under California Civil Code Section 1789.3, You are entitled to the following specific consumer rights information:
- Contact Information. You can contact us in writing at: 3510 West Magnolia Blvd., Burbank, CA 91505 or by telephone by calling: 800.272.8927.
- Complaints. The procedures that You may follow in order to resolve a complaint regarding the Website, its Content, or products/services purchased from the ScreenwritingDirectory.com are as follows: Contact the California Department of Consumer Affairs to resolve a complaint. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254. You can obtain further information regarding use of this Website by contacting the California Department of Consumer Affairs.
GENERAL. These Terms constitute the entire agreement between You and ScreenwritingDirectory.com regarding the use of the Website. The failure of ScreenwritingDirectory.com to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision or any other right or provision contained herein. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
THIRD PARTY ADVERTISING TECHNOLOGIES. We use analytics tools and other third party technologies, such as Google Analytics and DoubleClick Cookies, to collect non-personal information in the form of various usage and user metrics when you use our online Sites and/or Services.
REMARKETING. ScreenwritingDirectory.com also uses 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting any identifiable information through the use of Google's or any other 3rd party remarketing system.
Google has additional information available about their Remarketing Privacy Guidelines and Policies.
OPT-OUT. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.