Playbill Memory Bank Terms of Service
Last Modified: 06/08/2012
Thanks for using the Playbill Memory Bank! These terms of service ("Terms") govern your access to and use of the Playbill Memory Bank (the "Memory Bank") website(s) and services ("Services"), so please carefully read them before using our Services.
By using our Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with the Memory Bank and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Stuff & Your Privacy
By using our Services you provide us with information, pictures and data that you submit to the Memory Bank (all together, "Your Stuff"). You retain full ownership to Your Stuff. We don't claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services that you request, or wish to use, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting your pictures, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or other previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things to provide the Services. This permission also extends (in connection with the Services) to trusted third parties we work with to provide the Services, for example SoftLayer, which provides our storage space.
You are solely responsible for your conduct, the content of your memory bank, and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public or semi-public content for compliance with our community guidelines, but you acknowledge that the Memory Bank has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of pictures, scans, user posts, or any other information you may be able to access using the Services.
Sharing Your Stuff
The Services provide features that allow you to share Your Stuff with others or to make it semi-public. There are many things that users may do with their stuff (for example, copy it, modify it, re-share it), including Your Stuff if you share it with them. Please consider carefully what you choose to share or make public. The Memory Bank has no responsibility for that activity.
Content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You agree that You, not the Memory Bank, are fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not the Memory Bank, are responsible for maintaining and protecting all of Your Stuff. The Memory Bank will not be liable for any loss or corruption of Your Stuff, or for any costs or expenses associated with backing up or restoring any of Your Stuff.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. If you are over 13, but under 18 years of age, you are only permitted to use these Services with the knowledge and supervision of a responsible adult.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party, except for adults supervising your use if you are between 13 and 17 years of age. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify the Memory Bank of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data to the Memory Bank, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Playbill & Memory Bank Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Playbill or Memory Bank trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Memory Bank Acceptable Use Policy.
The Memory Bank respects others' intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Notification Procedure. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers. If you prefer to submit your notification by mail, our physical address for notice of alleged copyright infringement on the Services is:
Playbill Online, Inc.
Attn: DMCA Notice Office
525 Seventh Avenue, Suite 1801
New York, NY 10018
The Services may contain links to other Playbill-owned and/or third-party websites and resources. The Memory Bank does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources.
Though we'd much rather you stay, you can stop using our Services at any time. We reserve the right to suspend or end the Services or your access to the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will (depending on the circumstances) try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access immediately, either with or without notice.
The Memory Bank is Available "AS-IS"
Though we want to provide a great service, there are certain things about the service we can't promise. For example, THE SERVICES ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Memory Bank has and will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to, or use of, the Services. Some states do not allow the types of disclaimers in this paragraph, so they may only apply to you to the extent permitted by applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MEMORY BANK, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE MEMORY BANK HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $1 OR THE AMOUNTS PAID BY YOU TO THE MEMORY BANK FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may only apply to you to the extent permitted by applicable law.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY NEW YORK LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK COUNTY, NEW YORK, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. Notwithstanding the above, you agree that Memory Bank shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
These Terms constitute the entire and exclusive agreement between you and the Memory Bank with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights, but the Memory Bank's parent shall have all rights of the Memory Bank under these Terns. The Memory Bank's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but the Memory Bank may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. The Memory Bank and you are not partners or agents; instead, our relationship is that of independent contractors.