Revision Date [12/13/2021]
This Service is offered and available to users who: are 18 years of age or older; reside in the United States or any of its territories or possessions; and are a registered NET member of good standing or an approved representative of a registered NET member organization. By accessing and using the Service, you represent and warrant that you are of legal age to form a binding contract with NET and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service. If you create an account, you represent and warrant that you are not required to register as a sex offender with any government entity. The Services is intended for use in the United States, and use of the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
USE OF THE SERVICE
NET may modify, update, suspend, or discontinue the Service, in whole or in part, at our sole discretion for any or no reason, at any time, and with or without notice. NET shall not be liable to any user or other third party for any such modification, update, suspension, or discontinuance.
ACCOUNT INFORMATION AND SECURITY
Individual Members. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Service using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
Ensemble Members. You and your authorized users are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. You agree not to provide any unauthorized users with access to the Service using your organization’s user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your organization’s user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
NET reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way that NET regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve other users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service.
You may not use the Service:
• In any way that does not comply with the Code of Conduct, found at www.ensembletheaters.net/connector/view/code-of-conduct, incorporated herein by reference.
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate NET, a NET employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm NET or users of the Service or expose them to liability.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Otherwise attempt to interfere with the proper working of the Service.
The Service may contain message boards, chat rooms, personal profiles, forums, bulletin boards, a feedback and verification system, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service.
Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution to the Service, you grant us and our respective licensees, successors, and assigns an irrevocable, perpetual, non-exclusive, transferable, sublicensable, fully paid-up, right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license set forth above.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NET, have full responsibility for such content, including its legality, reliability, accuracy, quality, and appropriateness. You understand that NET does not control, and is not responsible for User Contributions made available through the Service, and that by using the Service, You may be exposed to User Contributions that may be inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any User Contribution.
You further acknowledge that NET has no obligation to screen, preview, monitor, or approve any User Contribution posted or submitted by any other NET member. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness, or appropriateness of any User Contribution that You submit, receive, access, transmit, or otherwise convey through the Service. Under no circumstances will NET be liable in any way for any User Contribution, including, but not limited to, any User Contribution that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any User Contribution submitted, accessed, transmitted, or otherwise conveyed via the Service. You waive the right to bring or assert any claim against NET relating to User Contribution, and release NET from any and all liability for or relating to any User Contribution.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations in their entirety. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, and in particular where we believe doing so will be beneficial to the NET community, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS NET FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NET DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NET OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on or submitted to the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.
This Service includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NET. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
YOUR INTERACTION WITH OTHER USERS
You are solely responsible for your interactions or dealings with other users. You understand that NET currently does not conduct criminal background checks or screenings on its users. NET also does not inquire into the backgrounds of all of its users or attempt to verify the statements of its users. NET makes no representations or warranties about, confirm, or endorse the conduct of users or their compatibility with any current or future users. We reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.
NET is not responsible for the conduct of any user. In no event shall NET be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand that NET makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, other users found on or through the use of the Service, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such other user. You agree that NET shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such other user on the NET Service.
By using the Service, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from NET with respect to such actions or omissions.
NET owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of NET and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of NET or, if such property is not owned by NET, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
NET makes the Service available for use only by persons located in the United States. NET make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You acknowledge and agree that NET is not responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/ or in connection with the Service.
YOU ACCESS AND USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER NET NOR ITS EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF NET, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL NET OR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL NET OR ANY OF ITS AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICE.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NET OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, NET DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NET’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
NET SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND NET HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
The Sites and Services may display links to other Internet sites or resources. Because NET has no control over such sites and resources, you acknowledge and agree that NET is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NET, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW AND JURISDICTION
WAIVER AND SEVERABILITY
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: [email protected]