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Terms of Use

Your access to, browsing and use of the Directory of Musical Theatre Writers website www.contemporarymusicaltheatre.com are subject to the following Terms and Conditions of Use (the “Terms and Conditions”), any other terms, conditions or guidelines set out elsewhere in this website (our “Site”), as well as all applicable federal, state and local laws, rules and regulations.  You should be aware that these Terms and Conditions exempt us and others from liability or limit our liability, and include other important provisions that you should read carefully.  Each time you use our Site, you acknowledge and signify that you have read, understood and agree to be bound by these Terms and Conditions, our Privacy Policy and all applicable laws.  If you do not agree to be bound by each provision of these Terms and Conditions each time you use our Site, you may not access our Site.

Changes to these Terms and Conditions

You may not alter, supplement or amend these Terms and Conditions in any manner.  We may, in our sole discretion, alter, supplement or amend these Terms and Conditions from time to time as they relate to your future use of our Site for any reason and without any prior notice to you.  If there is a change in these Terms and Conditions, we will post those changes on this page so that you always are aware of how you may and may not use our Site.  Please check this page from time to time for any changes to make sure you are aware of our latest policies regarding use of our Site.

Authorized Users

Our Site may be used only by individuals who have reached the age of majority or legal age in their jurisdictions.  Our Site may not be used by individuals who have had their profiles or usage rights terminated, nor may it be used by individuals in jurisdictions where the use of our Site may be illegal.  It is solely your responsibility to determine whether your use of our Site is lawful, and you must comply with all laws applicable in your jurisdiction.  We reserve the right to limit the availability of our Site to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion.  VOID WHERE PROHIBITED.

Use of Our Site

You may access our Site using a commercially available, SSL (or similar) capable Web browser.  You may not print or download the pages of our Site, modify any of the pages on our Site or their content, or remove or alter any visible or non-visible identification, marks, notices or disclaimers on our Site.  The framing of our Site or any of its content in any form and by any method is strictly prohibited.

Content and Accuracy of Information

While we take reasonable steps to ensure that the information, images, text or links contained in our Site are accurate and complete, we make no representations or warranties as to the completeness or accuracy of such information.  We hereby disclaim any and all liability for any omissions or errors in or to the content of our Site generally. 

Registration and Profile Passwords

You will be required to register prior to using our Site.  When you register, you agree to provide accurate, current and complete information about yourself as prompted by our registration process (including your email address).  You also agree to update your user information (including your email address) so as to keep it accurate, current and complete.

As part of the registration process, you will be asked to select a unique user ID and password to be used solely by you or by other individuals authorized by us as identified by you during your registration process.  We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.  For security reasons, passwords should be non-obvious, hard-to-guess and confidential.  Because you may not be automatically logged out at the end of each session, all users are instructed to affirmatively sign off and close your browser when leaving our Site.  You will be responsible for the confidentiality and use of your user ID and password, and you agree not to disclose your user ID or password to any third party.  You must immediately notify us of any unauthorized disclosure or use of your user ID or password, or if you know or suspect that your user ID or password have been lost or stolen or have become known to any other person without your authorization.  Your use of your user ID and password are at your own risk.  You are entirely responsible for maintaining the confidentiality of your user ID and password and you are entirely responsible for any and all activity on our Site that is conducted through use of your user ID and password.

All user IDs and passwords remain our property, and may be cancelled or suspended at any time by us without any prior notice or any liability of us to you.  We are not under any obligation to verify the actual identity or authority of the user of any user ID or password.  If we, in our sole discretion, consider a password to be insecure, then we may cancel the password.

Copyright Notice

It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including photographs and sound recordings) without the consent of the owner of such copyright.  Unless otherwise clearly indicated, you should assume that anything and everything you see or read on our Site is copyrighted and may not be used or copied by you without our express prior written consent or the express written consent of the copyright owner, except as explicitly provided in our Site or by applicable law.  This prohibition means that you may not transmit, mirror, modify or redistribute any images, sound recordings or text from our Site without our express prior written permission or the express written permission of the copyright owner.  You represent that you are the owner or are authorized by the copyright owner to use any copyrighted materials submitted or provided by you.  UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN YOUR LIABILITY.

Any images or sound recordings contained in or displayed by us on our Site are our property or are used by us with the consent of the copyright holder and persons, if any, appearing in such images or heard in such sound recordings.  The use by you of any such images or sound recordings (or any portions thereof) without our express written consent or the express written consent of the copyright holder is prohibited.  UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN YOUR LIABILITY.  Other laws may similarly protect our rights and the rights of others in any works of the performing arts that may appear or be displayed on our Site. 

Intellectual Property

Any trademarks, trade names, logos and service marks displayed on our Site are the property of their respective owners and must not be used in any manner without the express prior written consent of such owner.

Confidentiality

By using our Site, you may receive, or have access to, certain of our confidential and proprietary information.  For purposes of these Terms and Conditions, the term “our Information” shall mean all information that we deem to be confidential and proprietary to us, including but not limited to business plans, user or writer lists, information on services pricing, trade secrets and electronic information, and the look and functionality of our Site, as well as other information appearing on our Site.  You agree that you shall not communicate any of our Information to any third party, and shall prevent inadvertent disclosure of our Information to any third party.  Our Information does not include information that: (a) was in the public domain at the time you received such information through our Site; (b) entered the public domain through no fault of yours after you received our Information through our Site; (c) you can demonstrate was in your possession free of any obligation of confidence at the time you received our Information through our Site; (d) was rightfully communicated to you free of any obligation of confidence after you received our Information through our Site; or (e) you can demonstrate was developed by you independently of and without reference to any of our Information.  The disclosure of any of our Information through our Site shall not be construed as granting to you, in any way, any right in or license under any present or future trade secret, trademark, copyright or patent now or hereafter owned or controlled by us.

You agree that a breach of these confidentiality provisions may result in irreparable harm to us.  In order to enforce your obligations, we shall have the right to seek injunctive and other equitable relief to prevent or restrain the breach of these confidentiality provisions and may seek any other remedies available to us, whether at law or in equity.

In the event you are required by law, regulation or court order to disclose any of our Information, you agree to promptly notify us in writing before making any such disclosure in order to allow us to seek a protective order or other appropriate remedy from the proper authority.  You agree to cooperate with us in seeking any such remedy or protective order.  If we are unsuccessful in stopping the disclosure of our Information, you agree to use all reasonable efforts to ensure that confidential treatment will be given to any of our Information that must be disclosed.

Termination of Use; Breach of Terms and Conditions

If you breach any provision of these Terms and Conditions, then you may no longer use our Site. You also may terminate your right to access our Site under the terms of a written agreement you may have with us.  Upon such termination, you will no longer have access as a registered user.

We may, in our sole discretion, change, suspend or terminate access to, temporarily or permanently, our Site or any part of it at any time, for any reason, without any notice to you.

If your use of our Site is terminated by you or us for any reason, then: (a) these Terms and Conditions will continue to apply and be binding upon you regarding your prior use of our Site; (b) these Terms and Conditions will continue to apply regarding our Information; and (c) we may permanently delete and destroy any information that you may have posted or submitted to our Site without any prior notice to you. 

LIMITATIONS OF LIABILITY

YOUR ACCESS TO AND USE OF OUR SITE IS AT YOUR OWN RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. 

Please employ common sense and discretion when using our Site.  You are solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to: (a) use of our Site by you, or anyone accessing our Site with your user ID or password; (b) your breach of these Terms and Conditions or our Privacy Policy; (c) your violation or infringement of the rights of other persons; or (d) your violation of any applicable civil or criminal law.  WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY REGARDING ALL SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

The operation of our Site may be affected by numerous factors beyond our control.  The operation of our Site may not be continuous, uninterrupted or secure.  Security and privacy risks cannot be eliminated.  Password protection may not prevent unauthorized access to information you provide to us.

We assume no liability and shall not be responsible for any damage to your computer or other property resulting from your access to or use of our Site, including but not limited to any damage resulting from any computer viruses or from linkage to any third party sites.  WE DO NOT WARRANT THAT THE USE OF OUR SITE WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON.

WE SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF OUR SITE BY YOU, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US, NOTWITHSTANDING THAT WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU. 

Links to Third Party Sites

Our Site may contain links to third party websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site, nor are we responsible if the Linked Site is not working appropriately. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. The Linked Site may contain its own privacy policy governing the collection and use of your user information, and we are not responsible for the use of any of your user information submitted to the Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Governing Law

These Terms and Conditions and your use of our Site are governed solely by the laws of the state of New York, excluding any conflict of laws rules that may lead to the application of any other laws.  Any dispute between us and you or any other person arising from, in connection with or relating to our Site and these Terms and Conditions must be resolved before the courts of the State of New York, and you hereby irrevocably agree to submit to the original, personal and exclusive jurisdiction of the state and federal courts located there.

Our Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued or distributed in any way, in whole or in part, without our express prior written consent. 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that any materials appearing on our Site infringe your copyright, you may send us a notice requesting that the material be removed, or access to it blocked.  The notice must include the following information: 

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

(b)identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our Site are covered by a single notification, a representative list of such works); 

(c)identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; 

(d)the name, address, telephone number and email address (if available) of the complaining party; 

(e)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

(f)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. 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; please visit http://www.copyright.gov for more details.  We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, be aware that there can be penalties for false claims under the DMCA. 

Miscellaneous

If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. 

These Terms and Conditions and the Privacy Policy, as amended from time to time by us, constitute the entire agreement between you and us relating to your use of our Site.  

We reserve any rights not expressly granted by these Terms and Conditions. 

Effective November 8, 2012