MYSHAKESPEARE TERMS OF SERVICE
EFFECTIVE DATE: July 24, 2019
PLEASE READ THESE TERMS CAREFULLY, BECAUSE THEY CONTAIN IMPORTANT INFORMATION, INCLUDING ABOUT LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION.
2. Our Age Policy
The Service is not intended to be used by children under the age of 13. By using the Service you represent to myShakespeare that you are over 13 years old, and that you are legally able to enter into this agreement. If you are between the ages of 13 and 18, you represent that you have permission from your parent or guardian to use the Service. If we learn or suspect that you are under 13 years old, we will delete any personal information in your account and terminate your access to the Service.
3. Our Service
The Service is an online resource through which students and teachers can access, read, learn about and interact with Shakespeare’s plays. myShakespeare includes full-text, interactive editions of many Shakespeare plays, as well as unique content and multimedia resources such as videos, study guides and pop up notes, which are geared toward the 21st-century student, as well as other similar features that may be added from time to time.
4. How You Are Allowed to Use the Service
You may only use the Service for its intended purpose, and not for any other purpose. If you use the Service in any non-permitted way (including in violation of these Terms or in a way that would expose us to liability), we have the right to immediately terminate your account, your access to the Service and these Terms.
5. Other Limitations on Your Use of the Service
(a) Prohibited Uses of the Service: You are not permitted to violate (or attempt to violate) any of the security features of the Service under any circumstances. This means, without limitation, that you are not allowed to access content or data that is not intended for you, log onto a server or account that you are not authorized to access, probe or test the vulnerability of the Service, or breach security or authentication measures, interfere with the Service (including by submitting a virus, flooding, spamming, crashing the Service or other similar means). You may not copy, sell, distribute, publish, download, translate, create derivative works or reproduce any aspect of the Service without our prior written consent; provided, however, that teachers who have a right to use or access the Service may download content from the Service for the sole purpose of displaying such content in their classrooms for educational purposes. Additionally, may not sell, license, transfer, assign or otherwise commercially exploit the Service in any way without our express prior written consent. You are not permitted to access the Service in order to build a competitive service, to remove or alter any notices of our proprietary rights displayed in or with the Service (including copyright and trademark notices) or to otherwise interfere with our proprietary rights to the Service in any way.
(b) Inappropriate Content: You are not permitted to post, upload, or make any inappropriate content available on or through the Service, including any content that is defamatory, obscene, pornographic, abusive, threatening, encourages criminal conduct, or which violates applicable law.
(c) Intellectual Property Rights of Others: You may not upload, download, display, post, transmit or otherwise distribute any information or content in violation of any intellectual property or proprietary rights of any third parties. You represent and warrant to myShakespeare that you own, or have the right to use and distribute, all information that you provide on or through the service. You are solely responsible for any violations of a third party’s intellectual property or proprietary rights.
6. Ownership; Limited License
The Service contains our proprietary content, including software and multimedia content that constitute our intellectual property. Nothing in these Terms shall give you ownership rights or title to our property under any circumstances. Subject to these Terms, we grant you a personal, limited, nonexclusive, nontransferable, nonsublicensable, revocable right and license to access and use the Service only as permitted by these Terms.
7. Information You Provide to Us
8. Usernames and Passwords; Your Account
You may be required to create an account with a username and password in order to access the Service. All of your account information must be truthful and accurate. You understand and agree that you are solely responsible for keeping your password safe. You may not share your password with anyone else or use anyone else’s account, username or password. If you learn or suspect that your account, username or password is being used in an unauthorized manner, you must notify us right away. You understand and agree that you are solely responsible for any harm caused by the use or misuse of the Service from your account, including from the use of your account by someone else.
9. Updates to the Service; Changes to these Terms
We may edit, remove or otherwise modify the interactive editions of the plays, videos, recordings, multimedia resources and any other content or information provided through the Service at any time. We may also develop updates, upgrades or other modifications to improve the Service at any time.
We reserve the right to change or update these Terms from time to time, with or without notice to you. By continuing to use this Service, you consent to the new or updated Terms. The latest version of the Terms will always be posted on the Service.
10. Third-Party Services
We make no representation, warranty, endorsement or guarantee relating to information, products or services provided by third parties. Except as required by applicable law, we are not responsible for third parties or your use of third-party services. myShakespeare hereby disclaims and you hereby discharge, waive and release us, our licensors and our affiliates from any and all claims, liabilities, damages, known or unknown, arising out of or relating to your interactions with third parties.
For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, MYSHAKESPEARE AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. MYSHAKESPEARE AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) MYSHAKESPEARE, OUR SUBSIDIARIES OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF MYSHAKESPEARE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) MYSHAKESPEARE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100. MYSHAKESPEARE DISCLAIMS ALL LIABILITY OF ANY KIND OF MYSHAKESPEARE’S LICENSORS, VENDORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS.
You agree to defend, indemnify and hold harmless myShakespeare and our affiliates, as well as employees, contractors, officers, directors, and members of myShakespeare and our affiliates, from all liabilities, claims, expenses (including reasonable attorneys’ fees) that arise from your (a) use of the Service or our content, (b) violation of these Terms, (c) violation of applicable laws, rules or regulations, or (d) violation of the rights of any third party. You agree not to settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
14. Governing Law
These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of and venue in the state and federal courts in San Francisco County, California for the purpose of litigating all claims arising from this agreement, except for any claim or dispute, which is required to be arbitrated in accordance with the dispute resolution provisions described below.
15. Resolving Disputes; Class Action Waiver
(a) Dispute Resolution: By using or accessing the Service, you understand and agree that any dispute or claim arising out of or relating to your use of the Service shall be resolved as described in this Section 15. We both agree to first attempt in good faith to promptly resolve any such dispute, claim, question or disagreement by contacting the other party by email and through negotiation in good faith. The dispute resolution process described in this paragraph shall be a precondition to either party initiating a lawsuit or arbitration. If you have an issue, claim, question or dispute relating to the Service, you can contact us at firstname.lastname@example.org.
If the dispute is not resolved through the informal resolution process described above, we both agree to participate in binding arbitration as described in this Section 15. Except for (i) any claim that all or part of the class action waiver below is invalid, unenforceable, unconscionable, void or voidable; (ii) any claim for injunctive relief; or (iii) any action seeking relief in state or federal court for disputes related to the violation or possible violation of myShakespeare’s intellectual property or proprietary rights, any and all disputes relating to Terms or the Service shall be resolved exclusively and finally by binding arbitration, rather than in a court by a judge or jury.
Any arbitration between you and us, to the extent necessary, will be conducted in San Francisco County, California, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and to reduce the costs and burdens for everyone involved: (i) the arbitration will be conducted by telephone, online or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (ii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award or as otherwise required by applicable law. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.
YOU AND MYSHAKESPEARE EACH HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.
Nothing in this Section 15 shall limit our ability to terminate or take other action related to your account, as set forth in these Terms.
(b) Costs and Fees: In the event of any litigation, proceeding or arbitration relating to these Terms or the Service, the prevailing party shall be entitled to recover all reasonable costs and expenses incurred, including attorneys’ fees.
(c) Class Action Waiver: By using the Services you understand and agree that, to the extent permitted by applicable law:
Any dispute resolution proceedings shall be conducted only on an individual basis and not on a class-wide basis
You (or anyone else asserting a claim through you) shall not be a class representative, class member or otherwise participate in a class, representative or consolidated proceeding against us
The arbitrator of any dispute between you and us may not consolidate more than one person’s claims and may not otherwise preside over any form of class or representative proceeding or claim. If any court or arbitrator determines that the class action waiver set forth in this Section 15 is invalid or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety, and the parties shall be deemed not to have agreed to arbitrate disputes.
16. Term and Termination
These Terms will remain in full force and effect as long as you continue to access or use the Services or until terminated in accordance with these Terms. You may terminate your account at any time by sending us an email at email@example.com. Any provisions of these Terms that by their sense and context are intended to survive termination shall survive the termination of these Terms.
These Terms may not be assigned or transferred by you without our prior written consent. We may assign these Terms without your consent. These Terms shall be binding on the parties and their respective successors and assigns.
18. Severability and Waiver
If any provision of these Terms is deemed to be unenforceable or invalid for any reason, all other provisions of these Terms shall remain in full force and effect. No waiver shall be effective unless made in writing and signed by the waiving party. Any failure or delay by myShakespeare to enforce any provision of these Terms is not a waiver of that provision as to any other instance.