TERMS OF SERVICE
Effective Date: June 19, 2020
Please read the Terms of Service carefully before you start to use the Website or access our Services. By using our Website or Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms of Service you must not access our Website or use our Services.
1. AGE RESTRICTIONS
The Website and Services are intended for users 13 and older. By accessing or using the Website, You represent and warrant that you are at least thirteen (13) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms.
2. CHANGES TO TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. Shore Scripts may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Website. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of the Website or Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Website or any of our Services after the Effective Date.
3. PROHIBITED USES
You may use our Website and Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
Additionally, you agree not to:
4. CONTEST SUBMISSIONS
All material that you or submit (“Contest Submissions”) must comply with the provisions in this Terms of Service. Any Contest Submission you post to the site will not in any way be considered an endorsement or promotion on behalf of Shore Scripts.
You represent that you own, or have the necessary permissions to use, and authorize the use of, your Contest Submissions. You may not imply that your Contest Submissions are in any way sponsored or endorsed by Shore Scripts. You are solely responsible for your Contest Submissions, including the accuracy of any Contest Submissions, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your Contest Submissions if such Contest Submissions are legally actionable or defamatory. Shore Scripts is not responsible for any feedback or comments posted or made available on the Website by any third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the contest system and protect users from abuse, Shore Scripts reserves the right (but is under no obligation) to remove any Contest Submission that violates the Terms of Service or negatively affects our Services, diminishes the integrity of the contest system or otherwise is inconsistent with the business interests of Shore Scripts. You acknowledge and agree that you will notify Shore Scripts of any error or inaccurate statement in your Contest Submission, and that if you do not do so, Shore Scripts and our partners may rely on the accuracy of such information
5. TERMS OF SERVICE VIOLATIONS AND TERMINATION
You may terminate these Terms at any time and for any reason by discontinuing your use of the Website and Services. You acknowledge and agree that even if you discontinue your access to the Website, we may continue to display any content that you have provided on the Website.
6. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Shore Scripts, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as permitted by this Terms of Service.
The Shore Scripts name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Shore Scripts or its affiliates or licensors. You must not use such marks without the prior written permission of Shore Scripts. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
7. COPYRIGHT INFRINGEMENT AND DMCA POLICY
As Shore Scripts asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.shorescripts.com violates your copyright, you are encouraged to notify us in accordance with common DMCA policies. Shore Scripts will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Shore Scripts or others, we may, in our discretion, terminate or deny access to and use of the Website. In the case of such termination, Shore Scripts will have no obligation to provide a refund of any amounts previously paid to Shore Scripts.
8. PAYMENT METHODS
If you choose to submit a screenplay, we will ask for your payment information, such as credit card, billing address, and other financial information necessary to complete your transaction.
By providing Payment Method information through the Website and authorizing payments with the Payment Method, You represent, warrant, and covenant that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if You are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on Shore Scripts; and (d) such actions do not violate the terms and conditions applicable to User’s use of such Payment Method(s) or applicable law. When a user authorizes a payment using a Payment Method via the Website, the user represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Shore Scripts is not liable to any user if Shore Scripts does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Shore Scripts will make commercially reasonable efforts to work with any such affected users to resolve such transactions in a manner consistent with these Terms.
9. THIRD-PARTY CONTENT, ADVERTISEMENTS AND PROMOTIONS
The Website or Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Website may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services, including your Contest Submissions.
10. WARRANTY DISCLAIMER
WE PROVIDE THIS WEBSITE AND ITS CONTENT “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE, ANY CONTENT FROM THIS WEBSITE, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
11. CONTEST DISCLAIMER
WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL OR HUMAN ERROR RESULTING IN INCOMPLETE, LOST, OR MISDIRECTED CONTEST SUBMISSIONS. ENTRIES MAY BE CONSIDERED VOID, IN OUR SOLE DISCRETION, IF UNREADABLE, INACCURATE, FORGED, OR IN ANY WAY NONCOMPLIANT WITH THE CONTEST RULES OR THESE TERMS OF SERVICE. SHORE SCRIPTS MAKE NO WARRANTIES, AND HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ANY PRIZE FURNISHED OR MADE AVAILABLE IN CONNECTION WITH THE CONTEST. SHORE SCRIPTS MAY AMEND OR TERMINATE A CONTEST AT ANY TIME, AND FOR ANY REASON, WITHOUT LIABILITY OF ANY KIND FROM YOU OR ANY THIRD PARTY. ALTHOUGH WE HAVE NOT TERMINATED ANY CONTESTS IN OUR HISTORY, IN THE UNFORTUNATE EVENT THAT WE TERMINATE A CONTEST, ALL CONTEST ENTRANTS WILL BE REFUNDED THEIR SUBMISSION FEES.
WE DO NOT REPRESENT AND MAKE NO GUARANTEES THAT WINNERS, FINALISTS, OR CONTEST PARTICIPANTS WILL GAIN EMPLOYMENT IN ANY FORM AS A RESULT OF WINNING A CONTEST OR OTHERWISE PARTICIPATING IN A CONTEST. YOU ACKNOWLEDGE AND AGREE THAT WE MAY PROMOTE AND ADVERTISE YOUR PARTICIPATION, INCLUDING ANY OFFERS OR COMMUNICATIONS YOU MAY RECEIVE AS A RESULT OF YOUR PARTICIPATION IN ANY CONTEST, ON OUR WEBSITE. YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR PARTICIPATION IN ANY CONTEST FOUND ON OR ASSOCIATED WITH SHORE SCRIPTS IS YOUR FULL AND UNCONDITIONAL ACCEPTANCE OF THE CONTEST RULES, THESE TERMS OF SERVICE, AND THE DECISIONS OF THE JUDGES AND SHORE SCRIPTS ADMINISTRATORS, WHICH ARE FINAL AND BINDING IN ALL ASPECTS.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OUR SPONSORS, OR CONTEST JUDGES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION, USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, SPECIFICALLY INCLUDING ANY DAMAGES ARISING FROM OR RELATED TO YOUR PARTICIPATION IN ANY CONTEST FOUND ON OR ASSOCIATED WITH THE WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF CONTESTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION BY A USER OF THIS WEBSITE. IN NO EVENT SHALL SHORE SCRIPT’S LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO THE SHORE SCRIPTS FOR THE SERVICES.
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify and hold Shore Scripts, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Website, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, or (iii) the infringement by you, or any third party acting on your behalf, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Shore Scripts and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.
14. GOVERNING LAW
These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of California.
After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Shore Scripts’ prior written consent in the form of a written instrument signed by a duly authorized representative of Shore Scripts. Shore Scripts may freely assign this Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
17. WAIVER AND SEVERABILITY
No waiver by Shore Scripts of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shore Scripts to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
18. ACCESS OF THE SITE OUTSIDE THE UNITED STATES
Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, 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.
In order to access or use the Website or Website Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Website or Website Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Website and Website Services and your license to use the Website or Website Services will be immediately revoked.
19. CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Service, you may be entitled to receive certain records from Shore Scripts or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Website and the Website Services, you give us permission to provide these records to you electronically instead of in paper form.
20. ENTIRE AGREEMENT
This Terms of Service, constitute the sole and entire agreement between you and Shore Scripts and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Website and Services.
21. CONTACT US
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org