These Terms of Service contain the terms and conditions that you agree to when you use the www.BackstageBacktalk.org website. These Terms of Service apply to all users of BackstageBacktalk.org.
1. Operator
This Service is operated by Palco Specialties, Inc. a company incorporated under the laws of the state of Texas whose principal business address is PO Box 840, Castroville, Texas 78009.
2. Purpose of Service
The purpose of BackstageBacktalk.org is to provide a point of contact for theatre students and theatre educators across the United States; providing a place to showcase their work, and a social network for students who share common interests and goals, and for teacher/directors to share creative ideas, resources, and solutions to common challenges.
3. Privacy
Your privacy is very important to us. Please review BackstageBacktalk.org’s Privacy Policy, the terms of which are incorporated into, and considered part of, these Terms.
4. Availability
BackstageBacktalk.org will use reasonable means to ensure that BackstageBacktalk.org and its features are available 24 hours a day 7 days a week. There will be occasions, however, when the Service will be interrupted for maintenance, upgrades or repairs or failures of telecommunications links or equipment beyond the control of BackstageBacktalk.org. You agree that BackstageBacktalk.org shall not be liable to you for any suspension, discontinuation or change of service. You are responsible for creating backups of any content you post to the BackstageBacktalk.org.
5. BackstageBacktalk.org Users and User Accounts
1. In order to post and access User Submissions (defined below) to BackstageBacktalk.org you will have to create a User Account. When creating your account, you must provide accurate and complete information. You must keep your contact information accurate and up-to-date. You may not use another’s account without permission. You are solely responsible for all activity that occurs on your account, and must notify BackstageBacktalk.org immediately of any breach or unauthorized use of your account.
2. You agree that you will not (1) post unauthorized or plagiarised materials; (2) collect users’ information or otherwise access BackstageBacktalk.org without our permission; (3) upload viruses or other malicious code to BackstageBacktalk.org; (4) spam the user forums; (5) solicit login information or access an account belonging to someone else; (6) use BackstageBacktalk.org for any unlawful, inappropriate or unauthorized purpose.
3. You affirm that you will follow all instructions contained on the BackstageBacktalk.org site regarding User Submissions, including length and content restrictions.
4. You affirm that you are more than 18 years of age, or that you are between the ages of 12 and 18, and have obtained permission from a parent or guardian before using the BackstageBacktalk.org site. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.
6. User Submissions
1. As a BackstageBacktalk.org Account holder you may submit articles, videos, photos, links, resource information, comments, posts etc., collectively “User Submissions”. You shall be solely responsible for these User Submissions and the consequences of posting or publishing them. You are submitting ideas and suggestions for the use of other members.
2. In connection with User Submissions you affirm, represent and warrant that you own or have obtained the necessary rights, licenses, consents or permissions to use the content you have submitted in the manner contemplated by BackstageBacktalk.org and these Terms. You agree that you will not submit material that is protected or otherwise subject to third party intellectual property or other proprietary rights, including privacy and publicity rights, unless you own such rights or have obtained the necessary permission to post the material and to grant BackstageBacktalk.org the license rights granted herein.
3. In connection with User Submissions, you further agree that you will not submit material that is libellous, defamatory, obscene, indecent, pornographic, hateful, contains false information or which in any way violates these Terms. Although BackstageBacktalk.org is in no way responsible for any User Submissions, BackstageBacktalk.org reserves that right to refuse, edit or remove any User Submission that it, at its sole discretion, deems to violate these Terms.
4. You shall remain solely responsible and accountable for the content of your submissions.
5. Any single serious violation or repeated minor violations of these Terms or any terms contained on BackstageBacktalk.org, as determined by BackstageBacktalk.org in its sole discretion, may result in the temporary blocking or termination of your BackstageBacktalk.org Account without prior notification.
6. You retain all of your ownership rights in your User Submissions. By posting your User Submissions to BackstageBacktalk.org, however, you hereby grant BackstageBacktalk.org a worldwide, non-exclusive, royalty-free sublicense and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your submissions in connection with BackstageBacktalk.org and BackstageBacktalk.org’s successors and affiliates business, including without limitation for promoting BackstageBacktalk.org or part or all of the BackstageBacktalk.org. You also hereby grant each user of the BackstageBacktalk.org a non-exclusive license to access your User Submissions through the BackstageBacktalk.org site and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under the Terms. You understand and agree that BackstageBacktalk.org may retain server copies of User Submissions that have been removed or deleted.
7. Reporting Copyright Violations
If you are a copyright owner or agent thereof and believe that any User Submission or other content infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). Please see 17 U.S.C. §512 for a listing of the DMCA notification and counter-notice elements and procedures. Notifications should be sent to BackstageBacktalk.org’s designated agent to receive notifications of claimed infringement: c/o Palco Specialties, Inc., PO Box 840 Castroville, Texas, 78009 or legal@BackstageBacktalk.org.
8. BackstageBacktalk.org
1. Unless otherwise stated, all content on BackstageBacktalk.org, is provided to you as is, for your information and non-commercial, educational, or personal use. It may not be sold, licensed or otherwise exploited in any manner not expressly granted under the Terms.
2. All company, brand, product and service names used on BackstageBacktalk.org which identify BackstageBacktalk.org or third parties and their products and services are proprietary marks of BackstageBacktalk.org and/or relevant third parties. Nothing in these Terms shall be deemed to confer on any person any license or right to any such image, logo or name.
3. You may access User Submissions solely for your information and personal, non-commercial use, as intended through BackstageBacktalk.org. User Submissions are made available “as is”, and may not sold, licensed or otherwise exploited in any manner not expressly granted under the Terms.
4. You agree and acknowledge that when using BackstageBacktalk.org you will be exposed to User Submissions, and that BackstageBacktalk.org is not responsible for the accuracy, helpfulness, safety or intellectual property rights of or relating to the User Submissions. You further agree and acknowledge that you may be exposed to User Submissions that are offensive, indecent, libellous, defamatory or otherwise objectionable, and you agree to waive, and hereby do waive any rights or remedies in law or in equity that you may have against BackstageBacktalk.org with respect thereto, and agree to indemnify and hold BackstageBacktalk.org and its licensors and affiliates harmless to the fullest extent allowable by law regarding your use of BackstageBacktalk.org. BackstageBacktalk.org does not endorse any User Submission or any opinion, recommendation or advice expressed therein.
5. BackstageBacktalk.org may contain links to third party websites that are not owned or controlled by BackstageBacktalk.org. BackstageBacktalk.org assumes no responsibility for the content, policies or practices of these sites. By using BackstageBacktalk.org you agree that BackstageBacktalk.org will not be liable for any claims arising from your use of any third-party websites.
9. Termination
BackstageBacktalk.org reserves the right to suspend or terminate without notice any User Account for behavior that BackstageBacktalk.org, in its sole discretion, deems to violate any of these Terms.
10. Disclaimer of Warranty
1. Although BackstageBacktalk.org does its best to create a safe Website environment, you use the BackstageBacktalk.org site at your own risk. You hereby release BackstageBacktalk.org, its directors, officers, employees, agents and affiliates, from any claims and damages, known and unknown, arising from or in any way connected to the use of BackstageBacktalk.org.
2. We provide the BackstageBacktalk.org “as is” without any express or implied warranties, including but not limited to, implied warranties or merchantability, fitness for a particular purpose, and non-infringement. BackstageBacktalk.org is not responsible for the actions or content of third parties, including but not limited to User Submissions. BackstageBacktalk.org makes no warranties or representations about the accuracy of BackstageBacktalk.org’s content, including but not limited to User Submissions and assumes no liability or responsibility for any (1) errors, mistakes or inaccuracies of content; (2) personal injury or property damage of any kind whatsoever resulting from your access to and use of the BackstageBacktalk.org; (3) any unauthorized access to or use of our servers and or any and all personal and/or financial information stored therein; (4) any interruption or cessation of access to BackstageBacktalk.org; (5) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through our website; or (6) loss or damage of any kind incurred as a result of the use or posting of content to BackstageBacktalk.org.
3. BackstageBacktalk.org does not warrant, endorse or in any way assume responsibility for any products or services advertised or offered by a third-party through BackstageBacktalk.org or recommended or referred to in User Submissions.
11. Limitation of Liability
BackstageBacktalk.org shall in no event be liable for any indirect, incidental, consequential, special or punitive damages arising out of (1) the use or inability to use BackstageBacktalk.org’s Website; (2) errors, mistakes or inaccuracies of content; (3) personal injury or property damage of any kind whatsoever resulting from access to and use of BackstageBacktalk.org; (4) any unauthorized access to or use of our servers and or any and all personal and/or financial information stored therein; (5) any interruption or cessation of access to BackstageBacktalk.org; (6) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through our website; (7) loss or damage of any kind incurred as a result of the use or posting of content to the BackstageBacktalk.org; or any transaction conducted through or facilitated by BackstageBacktalk.org, whether based on warranty, contract, tort or other legal theory. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such jurisdictions BackstageBacktalk.org’s liability is limited to one hundred ($100) dollars or to the fullest extent permitted by applicable law.
12. Indemnity
You agree to defend, indemnify and hold harmless BackstageBacktalk.org, its officers, directors, employees, agents and affiliates, from and against any and all claims, damages, obligations, losses, costs, liabilities and expenses (including but not limited to attorney’s fees) arising from (1) your use and access to BackstageBacktalk.org; (2) your violation of any Terms of service; (3) your violation of any third party rights; (4) or any claim that your User Submission(s) caused damage to a third party.
13. Assignment
These Terms may be assigned by BackstageBacktalk.org without restriction.
14. Jurisdiction/Governing Law
Any claim or dispute between you and BackstageBacktalk.org that arises in whole or in part from your use of BackstageBacktalk.org shall be governed by the internal substantive laws of the State of Texas, without respect to conflict of laws principles, and shall be decided exclusively by a court of competent jurisdiction located in Medina County, Texas.
15. Severability
If any provision of these Terms is deemed invalid by a court of competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
16. Waiver
No failure of BackstageBacktalk.org to assert any right or provision under these Terms shall constitute a waiver of such right or provision.
17. Amendment of Terms
BackstageBacktalk.org reserves the right to amend these Terms from time to time. BackstageBacktalk.org will do its best to notify customers of any material changes to these terms.
18. Entire Agreement
This Statement of Terms makes up the entire agreement between the parties. Any amendment to or waiver of these Terms must be made in writing and signed by BackstageBacktalk.org.
