ACCEPTABLE USE POLICY AGREEMENT
By using any Service (as defined below) and/or Content (as defined below) provided by or through SCRIPTPIN.COM, you accept and agree to be legally bound by and comply with all of the following (collectively this “Policy”): the terms and conditions set forth below;
As used herein, the term “Service” or “Services” means any and all Internet-related services provided by or through SCRIPTPIN.COM such as bulletin boards; the term “Content” means any and all information, data, material, text, images, video, audio, and software provided by or through SCRIPTPIN.COM; and the term “User” or “Users” means any person who accesses or uses any Service or Content.
If you do not agree to any provision of this Policy, please do not access or use any Service or Content. SCRIPTPIN.COM reserves the right, at its sole discretion, to update or revise this Policy. Please check this Policy regularly. Your continued use of any Content or Service following the posting of any changes to this Policy constitutes your acceptance of such changes.
Any violation of this Policy may result in civil or criminal liability, and SCRIPTPIN.COM may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use the Service. SCRIPTPIN.COM reserves the right to terminate or move material, information, messages or communications that, in SCRIPTPIN.COM’s sole discretion, may be illegal, or that may subject SCRIPTPIN.COM to liability or that may violate this Policy.
SCRIPTPIN.COM may investigate any suspected or alleged violation of this Policy and cooperate with the law, law enforcement authorities and/or third parties in such investigation.
1. Prohibited Use: SCRIPTPIN.COM does not permit or tolerate any illegal, abusive, harmful or improper use of the Services or any use of the Services that interferes with other Users’ enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to reportabuse@SCRIPTPIN.COM. Without limiting the generality of the foregoing, SCRIPTPIN.COM specifically prohibits the following activities:
(a) Collecting, storing, posting, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;
(b) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property right of any person;
(c) Collecting, storing, posting, transmitting or soliciting any material, information, message or communication that violates, or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act;
(d) Collecting, storing, posting, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent;
(e) Collecting, storing, posting, transmitting or soliciting personal information about children under the age of 13;
(f) Collecting, posting, transmitting or soliciting harmful computer software viruses, codes, files or programs;
(g) Falsifying User information;
(h) Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as “pyramid schemes,” “ponzi schemes,” or “chain letters”;
(i) Sending email with charity requests, petitions for signatures, or any chain mail related materials, other than for donations for causes that have been pre-approved by SCRIPTPIN.COM.
(j) Sending unsolicited email that could be expected, in SCRIPTPIN.COM’s sole discretion, that may provoke complaints;
(k) Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email;
(l) Forging email headers, using invalid or non-existent domain names or other means of deceptive addressing in email;
(m) Relaying email in an anonymous fashion, relaying email from any third party’s mail servers without that third party’s permission, or using similar techniques to hide or obscure the source of the email;
(n) Adding, removing or modifying identifiable network header information in an effort to deceive or mislead;
(o) Impersonating or attempting to impersonate any person by using forged headers or other identifying information;
(p) Doing or attempting to do any thing that adversely affects the ability of other Users to use the Services or the Internet, including, without limitation, “denial of service” attacks against another system or network host or another User;
(q) Hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
(r) Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
(s) Reselling or attempting to resell any Service without SCRIPTPIN.COM’s prior authorization;
(t) Using any Service to violate another Internet service provider’s acceptable use policy and/or terms of service; and
(u) Any other uses of any Service that SCRIPTPIN.COM determines, in its sole discretion, are illegal, abusive, harmful or improper.
2. Proprietary Rights. You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights. Except as expressly authorized by SCRIPTPIN.COM, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content for any purposes, by any means or in any media other than printing or downloading. Without limiting the foregoing, you may print, download or copy certain Content for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark, service mark and other proprietary rights notices contained in or accompanying such Content; and when expressly authorized by SCRIPTPIN.COM. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of SCRIPTPIN.COM is prohibited. In addition, use of any Content for any purpose not expressly permitted in this Policy is prohibited.
3. SCRIPTPIN.COM Service Marks. “SCRIPTPIN.COM Service Marks” means all names, marks, brands, logos, designs, trade dress and other designations that SCRIPTPIN.COM uses in connection with its web site. You may make reference to SCRIPTPIN.COM Service Marks, but only if your reference is truthful and not misleading and complies with the then current SCRIPTPIN.COM Service Marks policies. You may not remove or alter any SCRIPTPIN.COM Service Marks. You acknowledge SCRIPTPIN.COM’s rights in SCRIPTPIN.COM Service Marks and agree that any and all use of SCRIPTPIN.COM Service Marks shall inure to the sole benefit of SCRIPTPIN.COM. You agree not to incorporate any SCRIPTPIN.COM Service Marks into your marks, names, logos, domain names, links or designations.
4. Third Party Sites. SCRIPTPIN.COM provides links to third party sites for your convenience only. SCRIPTPIN.COM does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. You acknowledge that you access and use such third party sites solely at your own risk. You agree that under no circumstances will SCRIPTPIN.COM be liable in any way for any information or material contained in any third party sites linked to or from its site. SCRIPTPIN.COM is not responsible for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites.
Third Party Marks. All other trademarks and service marks appearing on SCRIPTPIN.COM’s web site are the property of their respective owners.
6. Postings or submissions by Users. By posting or submitting any material to SCRIPTPIN.COM’s website, you grant to SCRIPTPIN.COM and its parents, subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, distribute for evaluation and review the material consistent with the screenplay submission policy hereof and to allow SCRIPTPIN.COM to promote your membership herein (but not your submitted material) worldwide in any media. You agree that you will be solely responsible for any material posted or submitted by you. You acknowledge that when you submit information about yourself to the public areas of our site, your information may be seen and used by any other visitor to such public areas and the SCRIPTPIN.COM cannot monitor nor be responsible to you or any third parties as a result of such uses. You hereby represent and warrant that you own or otherwise control all of the rights to such material and that no use of such material by SCRIPTPIN.COM will infringe or violate any rights of any third party. You hereby agree to defend, indemnify and hold SCRIPTPIN.COM and its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and legal costs) arising from or in connection with any material posted or submitted by you. SCRIPTPIN.COM reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any material posted or submitted by you.
7. Notice of Copyright Infringement. If you believe that your rights under U.S. copyright law have been infringed by any Content or as a result of the use of any Service or by any user, please read our Digital Millennium Copyright Act statement for instructions at http://SCRIPTPIN.COM/
8. DISCLAIMER OF WARRANTIES. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, ALL SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCRIPTPIN.COM DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF ANY SERVICE OR CONTENT IS ENTIRELY AT YOUR OWN RISK. PROTECTING THE SECURITY OF YOUR PERSONAL INFORMATION THAT YOU SHARE WITH SCRIPTPIN.COM IS OF THE UTMOST IMPORTANCE TO SCRIPTPIN.COM. UNFORTUNATELY, HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE SCRIPTPIN.COM STRIVES TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO OR FROM OUR SITE, AND YOU DO SO AT YOUR OWN RISK.
9. Limitation of Liability. IN NO EVENT SHALL SCRIPTPIN.COM OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS, GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OR THE MISUSE (BY YOU OR OTHERS) OF ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT SCRIPTPIN.COM OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, SCRIPTPIN.COM’S AND ITS SUBCONTRACTOR’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT SHALL NOT EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
a. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE WHICH READS AS FOLLOWS: “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 EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS HEREUNDER.
10. Indemnification of SCRIPTPIN.COM. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SCRIPTPIN.COM AND ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS AND SUBCONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF ANY SERVICE OR CONTENT OR YOUR VIOLATION OF ANY PROVISION OF THIS POLICY. SCRIPTPIN.COM RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH SCRIPTPIN.COM IN ASSERTING ANY AVAILABLE DEFENSES.
11. International Use. SCRIPTPIN.COM makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside the United States. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
12. Use of Software. The use of any software provided on SCRIPTPIN.COM’s web site (“Software”) is subject to the following additional terms and conditions: (a) the Software is licensed for your private, non-commercial use ONLY; (b) all rights, title and interest in and to the Software, including, without limitation, any copyrights and other intellectual property rights, shall remain with SCRIPTPIN.COM and/or its licensors; (c) except as expressly permitted in this Policy or by law you may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse-engineer, decompile or disassemble the Software, or disclose the Software or any underlying information or technology to any third party;
(d) you may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software; (e) you may not remove, erase, modify or tamper with any copyright, trademark, service mark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software; (f) you may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with all U.S. export control laws and regulations; (g) by installing, downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; (h) you acknowledge that SCRIPTPIN.COM provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk; (i) you acknowledge and agree that the Software is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind and to the extent permitted by law, SCRIPTPIN.COM disclaims all warranties, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose and non-infringement; (j) in no event shall SCRIPTPIN.COM be liable for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business, goodwill or opportunity) arising from or in connection with your use or misuse of the Software; (k) as a condition to your use of the Software, you agree to defend, indemnify and hold SCRIPTPIN.COM and any of its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses arising from or in connection with your downloading, use or reproduction of, and/or your receipt or transmission of any material through, the Software; and (l) SCRIPTPIN.COM reserves the right, in its sole discretion and at any time, to modify or discontinue the Software, limit, terminate or suspend your use of the Software, and/or assess charges for the use of the Software in the future.
ACCEPTABLE USE POLICY AGREEMENT is effective as of June 5, 2018
Types of Information We Collect
We have the ability to collect two types of information from people who visit our site: Personally Identifiable Information and Aggregate Information.
Personally Identifiable Information is any information by which you can be identified, such as your name, address, telephone number, email address, credit card information, personal interests, etc.
Aggregate Information is anonymous data such as your IP address (i.e., a number that is assigned to your computer whenever you connect to the Internet), your domain name (e.g., “XYZ.com”) and user statistics (e.g., 45% of our users live in California). Aggregate data is very much like television ratings that show the television network how many viewers are watching a particular television program.
What We Do With the Information
We collect Aggregate Information to diagnose technical problems on our site, to help us administer the site, to help us improve the quality of the pages that make up our site, to permit us to provide data regarding the volume of use on, and frequency of visitors to, the site, to gather broad demographic information and to improve our site to assure that it is as appealing as we can make it for as many people as possible. In no event, however, is this information matched to your Personally Identifiable Information.
SCRIPTPIN.COM also collects Personally Identifiable Information. This can be done when you choose certain products, services or programs offered on our site. For example, when you subscribe to our service, when you submit required information on the page entitled “(submission page)”, you are supplying us with your Personally Identifiable Information. We use such information to try to offer you our products, services and programs, to improve the quality of the content that we provide on the site, to personalize your online experience, and to build a strong community. We may disclose your Personally Identifiable Information to (i) SCRIPTPIN.COM’s current and future entertainment and sponsorship, advertisement and development partners and strategic alliances, and (ii) SCRIPTPIN.COM’s contractors, vendors, consultants and professional advisors to the extent necessary for them to perform services on our behalf, and only under disclosure restrictions. Your name and any other information you choose to make available in connection with any materials posted by you to SCRIPTPIN.COM will be published on SCRIPTPIN.COM and will be disclosed to other users of SCRIPTPIN.COM and to other third parties who may have access to or otherwise see a display of such information on SCRIPTPIN.COM. We will also share your Personally Identifiable Information with companies, organizations and individuals outside of SCRIPTPIN.COM when we have your consent to do so. Additionally, we may transfer your Personally Identifiable Information as part of the assets of SCRIPTPIN.COM if SCRIPTPIN.COM is, or parts of its business are, sold to, merged with or acquired by, a third party. SCRIPTPIN.COM may also disclose your Personally Identifiable Information when required by law or court order.
Whether or not you provide such information is completely your own choice. You are not obligated to answer any question that is presented to you. Of course, if you choose not to provide the information, you might be unable to access certain services, offers and content on our site if you do not tell us your e-mail address, etc.
Deleting Information About You
If you have provided Personally Identifiable Information but later you object to the use that we are making of that information (for example, you no longer wish to receive email from SCRIPTPIN.COM) you can ask us to stop making use of that information by emailing to US@SCRIPTPIN.COM and requesting your name to be removed for our list.
We take special care to protect the safety and privacy of children. Our site is general audience site. Nevertheless, we do not permit children under age 18 to register on our site for any product, service or program. We do not collect or solicit personal information about users under age 18. We urge parents and guardians to participate in your children’s online activities and use parental control or other Internet filtering technology to supervise your children’s access to the Internet.
In an effort to ensure security and protection of your Personally Identifiable Information, we encrypt all submissions using Secure Sockets Layer (SSL) software, the industry standard method for securing online transactions. All Personally Identifiable Information including credit card number, name and address is encrypted in an effort to prevent such information from being used as transmitted over the Internet.
Protecting the security of your personal information that you share with us is of the utmost importance to us. Unfortunately, however, no data transmission over the Internet or data storage can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our site, and you do so at your own risk.
Links to Third Party Sites or Products