Users are solely responsible for their postings on our site. theatreWashington is not to be considered to be an employer with respect to your use of our site and theatreWashington shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on our site.
As a condition to access and use of this site and theatreWorks services, you agree to undertake the following:
comply with all applicable laws, including without limitation, privacy laws, employment laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
provide accurate information to us and update it as necessary;
review and comply with these Terms and Conditions;
review and comply with notices sent by theatreWorks concerning the site or services; and
use the site and its services in a professional manner
The site shall not be used:
for any purpose other than connecting theater professionals for employment opportunities, including but not limited to advertising promotions, products, or services to any users;
to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to users or to contact any users unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
to source or to contact users in regards to career fairs and business opportunities otherwise prohibited.
By posting information on our site (“content”), you represent and warrant that: (a) you are entitled to submit the information; (b) the information is accurate; (c) the information is not confidential; and (d) the posting of the information is not in violation of any applicable laws, contractual restrictions, or other third-party rights. It is solely your responsibility to ensure the accuracy of your user account and submitted content, and to update that information as appropriate.
The posting opportunities, hosted by theatreWorks and its affiliates, are designed to help users obtain employment opportunities and discuss ways to make employment decisions. This information is provided by outside contributors, many of whom may use anonymous or fictitious user names. They may occasionally post messages or make statements that are misleading, deceptive, or downright wrong. theatreWashington does not endorse and is not responsible for any opinion, advice, information, or statement made or displayed on the site by third parties. You acknowledge that by accessing these posts, you may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable and you acknowledge that theatreWorks shall have no liability to you for the content including, but not limited to, explicit language and other potentially offensive material.
Users must not post content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable or that contains sexual, ethnic, or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any proprietary information, trade secrets, or confidential information. If you have information that you would like to keep confidential and/or do not want others to use, do not post it on our site. Users may not post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding. In order to protect our users from commercial advertising or solicitation, theatreWashington reserves the right to restrict the number of e-mails that users may send to a number that theatreWorks deems appropriate in its sole discretion.
theatreWashington is not responsible for a user’s misuse or misappropriation of any content or information that you post in any forums, blogs, and other sections of our site. If you cancel your user account or your account is terminated, all of your account information including saved resumes, network contacts, and email mailing lists, will be marked as deleted and may be deleted from theatreWorks's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through theatreWorks’s web server.
Although we have no obligation to do so, theatreWorks may monitor messages posted and reserves the right to delete portions of or entire posts that violate the above rules, messages, topics that are unrelated to the specific message board on which they are posted, advertisements, recruiting, or other commercial messages, and any other post that we deem in our sole discretion is inappropriate. If you believe a message violates our policies, please contact theatreWashington immediately so that we can consider its editing or removal. We reserve the right to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate its site properly, to protect itself, its partners and its visitors, and to comply with legal obligations or governmental requests.
If you post content or submit material, you grant theatreWorks and theatreWashington a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant theatreWork and theatreWashington, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You
agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorized to use. You will defend and indemnify theatreWashington and its affiliates from any claims resulting from any content or materials you provide hereunder.
At your discretion, you may provide feedback to theatreWashington concerning the functionality and performance of the theatreWorks service or site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant theatreWork and theatreWashington a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that theatreWork and theatreWashington may disclose that Feedback to any third party in any manner and you agree that theatreWork and theatreWashington has the ability to sublicense all Feedback in any form to any third party without restriction.
You agree not to access (or attempt to access) any of the services or site by any means other than through the interface that is provided by theatreWorks, unless you have been specifically allowed to do so in a separate agreement with theatreWork or theatreWashington. You agree that you will not engage in any activity that interferes with or disrupts the services or site (or the servers and networks which are connected to the services or site). Unless you have been specifically permitted to do so in a separate agreement with theatreWork or theatreWashington, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services or site for any purpose. You agree that you are solely responsible for (and that theatreWashington has no responsibility to you or to any third party for) any breach of your obligations under these Terms and Conditions and for the consequences (including any loss or damage which theatreWorks may suffer) of any such breach.
theatreWashington reserves the right to use the content of messages sent through theatreWorks to prevent potentially illegal activities and activities that are detrimental to other users. theatreWashingtons reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
Some areas of the theatreWorks site require you to register. If you register, you agree to
(a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your user name and password and not transfer or resell your use of or access to the site to any third party.
You must be thirteen (13) years of age or older to visit or use our site in any manner, and, if under the age of eighteen (18) or the age of majority as defined in your jurisdiction, must use our site under the supervision of a parent, legal guardian, or other responsible adult.
We reserve the right at all times (but will not have an obligation) to terminate or reclaim user accounts or URLs. You are solely responsible for your interactions with other users. theatreWorks may limit the number of connections you may have to other users. theatreWorks may, in certain circumstances, prohibit you from contacting other users through use of the site or its services or otherwise limit your use of the site and its services.
We reserve the right, but have no obligation, to monitor disputes between you and other users and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms and Conditions. Please note that we have no obligation to enforce this right.
When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged. Fees may change from time to time without notice.
All fees are quoted in U.S. dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method.
All fees paid will be non-refundable in the event that content is removed from the site or your account is suspended or terminated for violating the Terms and Conditions.
SERVICE AND TERMS CHANGES
theatreWashington may modify or terminate the theatreWorks site or services from time to time, for any reason, and without notice. We reserve the right to modify these Terms and Conditions from time to time without notice, so check back often to review these Terms and Conditions.
DISCLAIMER OF WARRANTIES
The use of our site and services is solely at your own risk. theatreWork and theatreWashington disclaim any and all responsibility or liability for the currentness, accuracy, content, completeness, legality, security, reliability, or operability or availability of information displayed in the theatreWorks results or posted on the theatreWorks website by us or third parties. theatreWashington disclaims any responsibility for the deletion, failure to store, interruption, misdelivery, or untimely delivery of any information. theatreWashington disclaims any responsibility for any harm resulting from downloading or accessing any information on the theatreWorks site or on other sites on the Internet accessed through theatreWorks.
THE THEATREWORKS SITE AND SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE THEATREWORKS SITE AND SERVICES ARE PROVIDED “AS AVAILABLE” OR "AS IS," WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. THEATREWORKS, THEATRE WASHINGTON AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THEATREWORKS, THEATRE WASHINGTON AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE THEATREWORKS SERVICES. THEATREWORKS, THEATRE WASHINGTON AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE THEATREWORKS SITE OR SERVICES. THEATREWORKS, THEATRE WASHINGTON AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THEATREWORKS SITE OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THEATREWORKS.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN INFORMATION OR DATA THROUGH THE USE OF THE THEATREWORKS SITE OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USR OR DOWNLOAD OF SUCH INFORMATION OR DATA. THEATREWORKS AND THEATREWASHINGTON ARE NOT RESPONSIBLE FOR DISCLOSING OR VERIFYING THE IDENTITY OF ANY USERS. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES.
BECAUSE SOME INFORMATION MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE, INCLUDING INFORMATION RECEIVED THROUGH USE OF THE SITE OR SERVICES, SHOULD BE USED AT YOUR OWN DISCRETION.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THEATREWORKS, THEATREWASHINGTON OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE THEATREWORKS SITE OR SERVICES, ARISING FROM ANY CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF THEATREWORKS, THEATREWASHINGTON OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE THEATREWORKS SITE OR SERVICES, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE THEATREWORKS SITE, FROM INABILITY TO USE THE THEATREWORKS SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE THEATREWORKS SITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THEATREWORKS SITE OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE THEATREWORKS SITE OR SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON- PERFORMANCE OF THE THEATREWORKS SITE OR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE THEATREWORKS SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall theatreWork, theatreWashington or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to hold harmless and indemnify theatreWork, theatreWashington and its agents, affiliates, licensors, officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys' fees, costs, and expenses arising out of, directly or indirectly, your use of the site or services including, without limitation
(a) any content therein, and (b) any use of the site or services that violates the Terms and Conditions.
ACTS CONTRARY TO THIS AGREEMENT
If you believe that you are entitled or obligated to act contrary to these Terms and Conditions under any mandatory law, you hereby agree to contact us using one of the methods listed below and to provide us with a comprehensive written explanation of your reasons for your belief. This explanation must be provided at least thirty (30) days before you act contrary to these Terms and Conditions. Although we are not obligated to do so, we may consider alternative solutions to the situation.
ASSIGNMENT AND DELEGATION
You may not assign or delegate any rights or obligations under these Terms and Conditions. Any purported assignment and delegation shall be ineffective. theatreWashington may freely assign or delegate all rights and obligations under these Terms and Conditions, fully or partially without notice to you. We may also substitute, by way of unilateral novation (effective upon notice to you), theatreWorks for any third party that assumes our rights and obligations under these Terms and Conditions.
If you use our site through a mobile device, you agree that information about your use of our site through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of our site through a mobile device may cause data to be displayed on and through your mobile device. By accessing the our site using a mobile device, you represent that to the extent you import any of our site’s data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your user account information to ensure that your messages are not sent to the person who acquires your old mobile number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing our site through your mobile access provider. Therefore, you should check with your provider to find out if our site is available and the terms for these services for your specific mobile device.
By using any mobile device or downloadable application to enable your use of our site, you are explicitly confirming your acceptance of our Terms and Conditions, or as may be updated from time to time.
NO RESALE OF SERVICES
You agree to use theatreWorks’s site or services solely to accommodate your own needs and not to offer the services to/of any third party. You may not use or exploit any portion of the site or services to provide any commercial services to third parties.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
All of the content and services that are owned by theatreWashington and third parties is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. Any intellectual property on the theatreWorks website, including but not limited to graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior permission of theatreWashington, except that such permission shall exist for those users abiding by the terms of the Creative Commons Attribution Non-Commercial No-Derivatives 3.0 License. Modification or use of content for any other purpose is a violation of the rights of theatreWashington or any applicable third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of theatreWorks or of third parties, other than those expressly granted in these Terms and Conditions.
theatreWork and theatreWashington reserve the right to terminate your use of the site or services in appropriate circumstances if you infringe upon the intellectual property rights of any third party. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), our designated agent for notice of alleged copyright infringement in connection with the Site is: Christopher M. Brown, Ackerman Brown, PLLC, 2101 L
Street, NW, Ste. 440, Washington, DC 20037. (202) 393-5428. email@example.com.
To file a notice of infringement with theatreWashington, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at: http://lcweb.loc.gov/copyright.
These Terms and Conditions will be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to conflict of laws provisions or your actual state or country of residence. Any action arising out of these Terms and Conditions shall be brought in the state or federal courts located in Washington, District of Columbia and you hereby agree to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
theatreWork and theatreWashingotn make no claims or representations that the information on our site may be lawfully viewed or accessed outside of the United States. Access to this information may not be legal by certain persons or in certain countries. If you access our site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Anything downloaded from our site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such information, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by theatreWashington.
By using this site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws, and other laws regarding intellectual property. The materials on this site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of theatreWork’s and/or theatreWashington’s proprietary rights in them.
theatreWashington reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the site or service other than your content. Any use of materials or descriptions, any derivative use of this site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the site or any materials contained therein.
The site may contain links to other websites on the Internet that are owned and operated by third-party vendors and other third parties (“external sites”). You acknowledge that theatreWashington is not responsible for the availability of, or the materials located on or through, any external sites. You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or the materials located on such external sites.
You shall not transmit to theatreWorks or upload as part of the site or service any harmful code or use or misappropriate the data on this service or site for your own commercial gain. “Harmful code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan Horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots,” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate, or otherwise impede in any manner, any data, storage media, program, system, equipment, or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another user’s information without such other user’s knowledge and permission.
TERM AND TERMINATION
These Terms and Conditions will remain in full force and effect while you are a user of our site. theatreWashington reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your user content from our site and immediate termination of your registration with or ability to access our site and/or any other services provided to you by theatreWashington upon any breach by you of these Terms and Conditions, or if theatreWorks is unable to verify or authenticate any information you submit to us for registration. Even after you are no longer a user of our site, certain provisions of these Terms will remain in effect, at the discretion of theatreWork and theatreWashington.
QUESTIONS AND CONCERNS
Should you have any questions or concerns about these Terms and Conditions, you may contact us in the following ways:
By email: firstname.lastname@example.org
By telephone: 202-337-4572
By mail: theatreWashington
1825 Connecticut Avenue, NW Suite 100
Washington, DC 20009