End User License Agreement
Welcome to Beckinfield. This document describes the agreement between you, and Theatrics.com, LLC, (d.b.a Beckinfield.com), its successors and assigns (referred to herein as "Theatrics").
In keeping with the Children's On-line Privacy Protection Act (COPPA), you must be at least 13 years of age to create an account on this website. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT ALLOWED TO SIGN UP OR POST ANYTHING ON Beckinfield.com OR ANY THEATRICS WEBSITE.
Please read carefully, before you agree; THIS IS A LEGAL CONTRACT.
By accepting these terms and conditions and using the software and services offered on the Beckinfield.com and Theatrics websites, you agree to abide by and be bound by the terms and conditions set forth in this document. We reserve the right to change these terms, from time to time, at our sole discretion and for any reason , such as due to changes in the law or modifications to the site or our services. In such a case we will notify you by email (using your log-in email address) or on your log-in page.
If you do not agree and/or feel you cannot abide by any of these documents, please do not sign up. If you have any questions or concerns, please contact us at firstname.lastname@example.org.
Theatrics has created a website where anyone can create and play a character. The site offers tutorials for both seasoned and apprentice actors along with community forums, blogs, and self promotion options. Unless otherwise stated, these Terms of Service apply to all users and Services. Theatrics may partner with third party partners and/or service providers to offer these services.
The Beckinfield.com website and Theatrics websites may contain links to third party websites that are not owned or controlled by Theatrics. Theatrics cannot censor or in any way modify third party websites and Theatrics assumes no responsibility for their content. By accepting this agreement, you expressly relieve Theatrics from any and all liability arising from your use of any third-party website. We highly recommend you always read the Terms and Conditions of any website you use.
Personal Account Requirements
There are three ways to enjoy the Services provided by the Beckinfield.com website:
- Viewer - Viewers are visitors to the site. They can freely watch videos, visit character pages and read comments.
- Fan - Fans are viewers who have registered with the site. There is no charge to become a Fan at Beckinfield.com. Fans enjoy several free services within the community. They receive a personal home page that tracks their progress through the story. They can vote on videos and interact with actors through Fan Mail, our comment system. They can designate favorite actors, and receive updates on those actors progress. Fans can also receive a Fan version of our e-mail newsletter - This Week in Beckinfield. Fans must create a log-in identity and agree to the End User License Agreement.
- Subscriber - Subscribers receive the highest level of privileges on the site. They have full access to the backstage area of Beckinfield.com where they can access the training materials, participate in the private forms and post videos. They get an actor page and a public character page where they can post their resume, links and credits. They also receive a special edition of the This Week in Beckinfield newsletter. Subscribers must create a log-in identity and agree to the End User License Agreement.
You may never use another's account to post videos or access the Fan or Subscriber's areas of Beckinfield.com or any Theatrics website. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You should change your password immediately, and immediately notify Theatrics if you are aware of any breach of security or unauthorized use of your account.
As a Theatrics subscriber you may record or upload videos to the website, participate in the backstage forums, and post information to your home page. Because Beckinfield and Theatrics websites are public sites, we guarantee no confidentiality. In fact, the site is designed to provide access to the public and you agree to allow such access without restriction. Your content may not include any pornography, nudity, profanity, or obscene gestures.
You agree that you are the copyright owner and take sole responsibility for the content you publish to any Theatrics website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the content you submit. By recording and/or uploading content to any Theatrics website(s), you license to Theatrics all patent, trademarks, trade secret, copyright or other proprietary rights in and to such content for publication by Theatrics pursuant to the terms of this End User License Agreement.
Theatrics does not permit copyright infringing activities or infringement of intellectual property rights on its website. If properly notified that any content infringes on another's intellectual property rights, Theatrics reserves the right to remove such content at its sole discretion and without notice of any kind. You agree that you will not hold Theatrics liable in any way for removal, restriction of access to, or the decision to remove or limit access, to any content you post on any Theatrics site(s).
You retain all ownership rights to content you upload to any Theatrics site(s). You may remove, disable and/or delete your content from public access at any time where such options are enabled by Theatrics.
By accepting this End User License Agreement, you hereby grant Theatrics a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, incorporate in other works, display, and perform any content you upload or otherwise submit to a Theatrics website(s), and to its successors and assigns, including without limitation for promoting and redistributing part or all of the your content in any media formats and through any media channels.
Theatrics may create and edit compilation, derivative, or other works, consisting or comprising of portions or all of user submitted content. Such compilations, derivatives or other works, may be played or distributed on other sites and/or through other media channels. By entering into this End User License Agreement, you agree that Theatrics can take such actions. If you do not wish your video or image to be published in compilation videos, you may opt-out by removing, disabling or deleting your content, or by indicating your intent to opt-out in your Settings tab, where such features are offered by Theatrics. However, if you opt out, remove, disable or delete your content, where such functions are enabled by Theatrics, Theatrics is not required to remove your content from any compilations previously prepared, in whole or part, prior to your removal, disablement or deletion of your content. No guarantee of inclusion in such compilations is made or implied. We do not guarantee that the content you remove from Beckinfield.com will be removed from the web sites or systems of third parties. If you wish to have your content removed from sites other than Beckinfield.com, you must contact those sites directly. We take no responsibility for or guarantee the outcome of such action.
You also hereby grant each user of the Theatrics website(s) a non-exclusive license to access your content through our site(s), and to use such content as permitted through the functionality of the Service and/or under the terms of the End User License Agreement.
You further agree that you will not submit to Theatrics any content or other material that is contrary to local, national, or international laws and regulations or the Beckinfield or Theatrics Community Guidelines. As with all our publications, these guidelines may be updated from time to time.
Theatrics does not endorse any submissions by any user or other licensor, or any opinion, recommendation, or advice expressed therein and Theatrics expressly disclaims any and all liability in connection with any Content.
Use of Services
Theatrics grants you a non-exclusive, non-transferable, limited right to access, use and display its web Sites and their contents. You agree not to interrupt, or attempt to interrupt, the operation of any Theatrics Sites or the Mobile Services or any part of them in any way.
You have the right to distribute only material you own. You agree not to distribute in any medium any content that you did not create, do not own, or that was created by Theatrics for distribution without Theatrics’ prior written authorization or that of the submitter.
You agree not to alter, modify, impair, destroy, or otherwise damage any part of the Theatrics website(s), service(s), computers, servers or other equipment or software. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that access or might access Theatrics site(s) or that sends multiple request messages, request for service, and the like, to Theatrics’ computers or servers. If you violate this paragraph of the End User License Agreement, you agree that you are liable for all damages incurred by Theatrics due to such action by you, including any and all lost profits, direct, indirect, exemplary, punitive, special or consequential damages resulting therefrom, and for the reasonably incurred expenses to Theatrics to repair, correct, retrieve and/or re-establish any . content, data or service(s) and to protect against further such actions, whether by you or anyone else.
As with other sites, Theatrics reserves the right to discontinue any service at any time for any reason at its sole discretion.
Use of Content other than your own
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the video and print materials on Beckinfield.com.
By uploading your content you are giving Theatrics.com the right to store, monitor, access, and copy all content you upload to the Beckinfield.com site.
You have no rights to any content on the Beckinfield site other than that created by you. All trademarks, service marks and logos relating to Theatrics.com or Beckinfield.com, are owned by or licensed to Theatrics.com, subject to copyright and other intellectual property rights under the law.
The information on and access to you is available as is. It is for your personal use only and is restricted to the Terms and Conditions outlined herein. You have no right to download any content other than your own. Such actions may result in your removal from the site. You have no right to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any material on the Beckinfield.com website without the prior written consent of Theatrics.com. Theatrics.com takes no responsibility for the accuracy of the information presented on the Beckinfield.com site that is posted by any of its users.
Intellectual Property and Copyright Notifications
Respect of Copyright is imperative. If Copyright infringement is reported or discovered, Theatrics.com reserves the right, at its sole discretion, to remove the offending material from the site until the issue is resolved. If a Subscriber continues to use copyrighted material without written permission from the copyright holder, Theatrics.com has the right to terminate the offending Subscriber's account. It is not the intent of Theatrics.com to infringe on any copyrighted material. Our desire is to always operate in compliance with DMCA (Digital Millennium Copyright Act). If you believe a copyright has been infringed upon, please note the specific instance and video or image in question and send it, along with any related information to email@example.com or mail the information to Theatrics.com, LLC, 13004 Murphy Rd., Stafford, TX 77477.
In addition to termination due to Patent infringement or Offensive Material, Subscriber accounts may be terminated for past due payment. In the event of termination, posted materials may no longer be accessible. Fan accounts may be terminated and/or deleted from our system if they remain inactive for a period of ninety (90) or more days.
BY UPLOADING OR OTHERWISE SUBMITTING A VIDEO, YOU WAIVE THE RIGHT TO MAKE ANY CLAIM AGAINST THEATRICS.COM OR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS OR SHAREHOLDERS RELATED TO THE VIDEO OR SUBMISSION, INCLUDING, BUT NOT LIMITED TO, UNFAIR COMPETITION, INTELLECTUAL PROPERTY INFRINGEMENT, INVASION OF PRIVACY, NEGLIGENCE, BREACH OF IMPLIED CONTRACT OR BREACH OF CONFIDENTIALITY, AND YOU FURTHER WAIVE ALL MORAL RIGHTS, SO-CALLED "DROITS MORALES" AND ANY RIGHT OF ATTRIBUTION YOU MAY HAVE IN ANY MATERIALS UPLOADED OR SENT TO US BY YOU.
YOU REPRESENT AND WARRANT THAT YOUR VIDEO OR SUBMISSION: (A) SHALL NOT VIOLATE THE RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, (B) SHALL NOT VIOLATE ANY LAW, STATUTE, ORDINANCE OR REGULATION, AND (C) SHALL NOT CREATE ANY LIABILITY FOR THEATRICS.COM, LLC OR ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS.
YOU FURTHER REPRESENT AND WARRANT THAT (I) YOU OWN OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS AND PERMISSIONS TO USE AND AUTHORIZE BECKINFIELD.COM TO USE ALL PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS IN AND TO YOUR VIDEO OR SUBMISSION TO ENABLE INCLUSION AND USE OF THE VIDEO OR SUBMISSION IN THE MANNER CONTEMPLATED BY THIS TERMS OF SERVICE AGREEMENT; AND (II) YOU HAVE ANY AND ALL NECESSARY WRITTEN OR IMPLIED CONSENTS, RELEASES, AND/OR PERMISSIONS OF EACH AND EVERY IDENTIFIABLE INDIVIDUAL PERSON IN THE VIDEO OR SUBMISSION TO USE THE NAME, PICTURE AND LIKENESS OF EACH AND EVERY SUCH IDENTIFIABLE INDIVIDUAL PERSON TO ENABLE INCLUSION AND USE OF THE VIDEO OR SUBMISSION IN THE MANNER CONTEMPLATED BY THESE TERMS OF SERVICE.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THEATRICS.COM, LLC (D.B.A. BECKINFIELD.COM), ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU ALSO ACKNOWLEDGE THAT THEATRICS.COM, LLC SHALL NOT BE LIABLE FOR OFFENSIVE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BECKINFIELD.COM IS CONTROLLED BY THEATRICS.COM, A LIMITED LIABILITY COMPANY FOUNDED AND OPERATED IN ACCORDANCE WITH APPROPRIATE LAWS OF THE UNITED STATES OF AMERICA. BY ACCESSING THIS SITE, YOU AGREE TO BE GOVERNED BY AND HELD ACCOUNTABLE TO THESE STATUTES.
You are entirely responsible for maintaining the confidentiality of your password and your account, as well as any and all activities which occur thereon.
You agree to indemnify, defend and hold harmless Theatrics.com, LLC, its affiliates and subsidiary companies, officers, directors, employees, agents and assigns from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Beckinfield.com website or services. In addition, you agree to be personally liable for the actions you allow to access the site through your account.
This indemnification obligation and the defense thereof do not end with the termination of your contract or activity on the Beckinfield.com website.
Responsibilities of Acceptance
This is a legal obligation. If you are under 13 years of age, you may not join this website. If you are between the ages of 13 and 18 years of age, please confirm you have the permission of your parent or legal guardian before you join this site.
Based on the paragraph above, you affirm you are over 13 years of age and have the permission of your parent or legal guardian who understands the commitment outlined in the Terms and Conditions or you are over 18 years of age and understand the legal terms and conditions and obligations outlined in this document.
Theatrics.com, LLC makes no representation that the Beckinfield.com site is appropriate for all people or cultures and all who access this site do so by their choice and take full responsibility for such action.
Theatrics.com reserves the right to terminate or suspend Beckinfield.com, in part or in whole or your individual access to the site at any time. If your use of the site is terminated, the balance of your account (if any funds have been received), based on the percentage of the unfulfilled contract will be refunded (less credit card and handling fees). If you have any questions, please contact us at firstname.lastname@example.org.
These Terms of Service and all policies or documents referenced herein are governed by the laws of Delaware without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Beckinfield.com website its related services are deemed passive and they do not give rise to personal jurisdiction over Theatrics.com, LLC or its respective subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Delaware. Disputes arising under this User’s License Agreement and/or between the parties shall be
AGREEMENT TO BINDING ARBITRATION
The Parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, unless otherwise agreed, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the American Arbitration Association or at Corporate Headquarters, 335 Madison Avenue, Floor 10, New York, New York 10017-4605. Telephone: 212-716-5800, Fax: 212-716-5905. Each party shall bear its own costs and fees, including attorneys’ fees, in any such arbitration, however, the parties agree that the Arbitrator has the power to assess as damages the attorneys’ fees of the prevailing party against the losing party. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.
You hereby consent and submit to the personal jurisdiction of the Arbitrator and/or Arbitration Association for the purposes of arbitrating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
These Terms of Service (and any further policies or documents incorporated by reference herein) constitute the entire understanding between Theatrics.com, LLC and users of the Beckinfield.com site and may be modified only by Theatrics.com, LLC. If such modification occurs, you will be notified and given the opportunity to agree prior to continuing the service. Any new Terms of Service agreement or its associated agreements will automatically supersede all prior understandings and agreements whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Service will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Service will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly.
We agree that any action related to your use of the Beckinfield.com website must commence within one (1) year of the date the Cause of Action occurs. If such action is not taken during the one (1) year period, then such cause is barred.
The above licenses granted by you in are perpetual and irrevocable.
Dated: September 28, 2011
In addition, we will send cookies to your computer. A cookie is a very small text file that identifies your computer and allows us to monitor your activities specific to the Beckinfield.com website. Cookies aid in the maintenance of your account as well as allow us to improve your overall site experience. You may remove cookies from your computer through the tools menu on most browsers.
In order to take full advantage of the services and function of the Beckinfield.com website, it is necessary to record your usage information including, but not limited to uploaded videos, actors followed, videos watched, blogs visited, data entered, etc. As part of your account maintenance we may attach a notification tag, sometimes referred to as a "web beacon," to the emails or other communiqués we send you, to confirm you received them. Be aware that any information or video you chose to upload or post to any public area of the site could be collected and used by other users of the site. Theatrics.com maintains the right to monitor and/or stop your activities and remove the content you post on the Beckinfield.com website.
Use of Information
Theatrics does not share or rent our member's email addresses. Members may receive administrative emails that are related to the operational management of their account, such as monthly statements and electronic invoices. Members may also receive emails explaining the use of the site, promoting site content and other Beckinfield activities.
We may use any information you submit to Beckinfield.com to operate the site as we see fit, including flagging activities and feature improvements. We may also use web beacons, cookies, and log filing technologies to remember information so you don't need to reenter it, as well as to monitor marketing and other site related activities. All credit card transactions are handled through a secure, third party, service and none of your financial information resides on Theatrics.com servers. We do not share any personally identifiable information with other third party companies without your permission through an Opt-in or Opt-out function.
We do share data that is not specifically linked to any individual, but is accumulated to help develop trends to improve multiple aspects of the user experience.
We will release any information, personal or non-personal if required by law. We do this in good faith and only when compelled by court order, subpoena, or search warrant.
Transfer of Rights
In the case of bankruptcy, or the of sale, merger, acquisition of Theatrics.com or its property, Beckinfield.com to or by a third party, we reserve the right to assign or transfer any or all information acquired through this site and its tracking systems. In such case, we may not be able to control the use of your personal information.
Changes and Updates
We reserve the right to update or revise this Privacy Notice from time to time. In such case, we will attempt to notify you through your home page or through the current email address you provided on your subscription agreement.
Intellectual Property and Copyright Notifications
Respect of Copyright is imperative. If Copyright infringement is reported or discovered, Theatrics.com reserves the right, at its sole discretion, to remove the offending material from the site until the issue is resolved. If a Subscriber continues to use copyrighted material without written permission from the copyright holder, Theatrics.com has the right to terminate the offending Subscriber. It is not the intent of Theatrics.com to infringe on any copyrighted material. Our desire is to always operate in compliance with DMCA (Digital Millennium Copyright Act). If you believe a copyright has been infringed upon, please note the specific instance and video or image in question and send it, along with any related information to email@example.com or mail the information to Theatrics.com, LLC, 13004 Murphy Rd., Stafford, TX 77477.
Dated: September 28, 2011
Keep it appropriate. The site is moderated as if it were produced by Beckinfield High School’s “On the Map Project.” The students would unpublish anything the high school would not allow. These rules include (but are not limited to):
- No nudity or profanity.
- No descriptions, depictions, or implications of explicit sexual or violent situations.
- No music, video clips or otherwise copyright-protected material.
- No harassing, name-calling or otherwise belittling of any site contributors.
- No threats of violence against other people, characters or yourself.
What happens if you break this rule?
- Your video will be deleted from the site and you will be notified via e-mail.
- If you have three videos pulled for breaking this rule, your account may be terminated.
Be creative but remember we’re all in this together.
- Each video should tell a story about some aspect of the town, an event or a character in Beckinfield.
- Don’t make the news. We want you to be able to create a great story arc, but don’t do something that would draw the attention of the local press, like robbing a bank or winning the lottery.
- Your video is your character’s video diary and cannot be represented as produced by somebody else (the government, another actor, a business in Beckinfield that isn’t your character’s business).
- No promotion or criticism of any real person or persons who are not already in the public consciousness.
What happens if you break this rule?
- Your video will be unpublished and you will be notified via e-mail.
Make your character believable.
- Your character can’t hold a job of which there would only be one in Beckinfield. Your character can be an assistant football coach, but not the football coach. You can’t be the mayor but you can be one of the members of the city council.
- Do not build your character around your own sci-fi or supernatural plotline. Your character can claim to be a half-alien superhero, but all actors play ordinary citizens in Beckinfield.
- Your character is allowed to claim another character did something, but you cannot force other characters in the story to agree with your claim or prove that your claim is anything more than gossip. Many actors use the forums to collaborate on stories.
- You cannot play twins.
What happens if you break this rule?
- Your character will lose credibility within the Beckinfield community.
Make your videos relevant and watchable.
- The video should tell a story about some aspect of the town, an event or a character in Beckinfield.
- Don’t use opening and closing titles and graphics, as they break the flow of the viewing experience.
- Keep your videos under 2 minutes each.
- Make sure we can see you and hear you.
What happens if you break this rule?
- People are less likely to watch your videos.
Need clarification on any of these guidelines? You can always e-mail firstname.lastname@example.org or use the forums to get input from the Beckinfield community.
September 28, 2011