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IF YOU HAVE QUESTIONS ABOUT ANY OF THESE AGREEMENTS, YOU CAN CONTACT US AT SUPPORT@WRITERDUET.COM.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
2. HOW TO WITHDRAW YOUR CONSENT
You have the right to withdraw your consent to this Agreement and revoke your WRITERDUET INC. registration at any time by deleting your account from your User Account page on our Web site. Upon receipt of your notice, we will permanently delete your account and remove the information in your user profile from all publicly accessible WRITERDUET INC. web pages. This means that you will no longer be able to use the Service unless you re-register. However, relevant provisions of this Agreement that by their nature may survive its termination will remain in effect after you close your account. Furthermore, some data, as described in Section 7 below, may be retained and used by WRITERDUET INC. even after you terminate your registered account.
3. HOW YOU SHOULD PROTECT YOUR PERSONAL INFORMATION
You will be asked to select a password when you register. You are responsible for all activities performed by any person that occur under your account and are solely responsible for protecting the confidentiality of your password. Exercise caution when accessing your account from a public or shared computer and be sure that no one can view your password and other personal information displayed on your screen. If you share your computer, disable “Remember Me,” Autocomplete, and other features that may let other parties learn your confidential information. You should also be sure to log out of your WRITERDUET INC. account at the end of each session. WRITERDUET INC. is not liable for loss or damages arising from your failure to take any of these precautions.
You promise to notify WRITERDUET INC. of any unauthorized use of your account or of any other breach of security as soon as you learn of it.
4. NON-REFUNDABLE PAID SERVICES
Some features of our Web site and Service are available only to users who have registered and opened an account. You will be asked to set up a registered account and pay any associated fees before you can use related WRITERDUET INC. products and services. All payments made to WRITERDUET INC. are non-refundable.
5. SUBMITTING A SCRIPT
Registered members of WRITERDUET INC. who have written an original script (“Script Authors” or “Authors”) may upload their scripts for analysis, grammar correction, conversion to an audio file (the “Readthrough Recording”), and other services performed by proprietary software owned by WRITERDUET INC. or by our Partners. Our Web site lists any file-format or other types of compatibility requirements necessary to use any of our products or services.
When you submit a script to WRITERDUET INC., you promise that:
You retain all your prior ownership rights in your submitted scripts. However, by submitting your script to WRITERDUET INC., you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reformat, translate, excerpt, distribute/publicly display (only as you permit, to guests, actors, people you submit your script to, and anyone else you explicitly choose) and perform your script in any media format and through any media channel to provide to you any current or future WRITERDUET INC. service or product. We will not act without your authorization, for example, to make your submitted script publicly viewable on our Web site, to submit it to a studio, or to reveal it to other registered users. You also agree that your submitted scripts may be reviewed and processed by our and our Partners’ automated systems and human reviewers, when doing so is necessary to provide our services or products to you.
You agree that you will not suggest, directly or indirectly, that WRITERDUET INC. endorses the content of any script that you submit, including opinions, recommendations, or advice expressed by that script.
You grant all other WRITERDUET INC. users a non-exclusive license to access your script through the authorized methods provided by our Service for personal, non-commercial consumption, and to use, reproduce, distribute, display and perform that script only as permitted by our Service and under the terms of this Agreement.
WRITERDUET INC. makes no other guarantees or warranties regarding use of our Web site or our Service and all of our products and services are provided “as-is.” While we will take all reasonable steps to protect your submitted script from unauthorized general publication or disclosure, we do not unequivocally guarantee that your submission will remain confidential or that its publication will be limited to you and your designated viewers.
6. INDEMNIFICATION AND WARRANTIES
You agree to indemnify, defend, and hold harmless WRITERDUET INC. and its subsidiaries, affiliates, officers, directors, owners, agents, information providers, licensors and licensees, advertisers, third-party content-providers and licensors, and other partners and employees, (collectively, the “Indemnified Parties”) from any loss, liability, claim, or demand made by a third party and arising: 1) out of your use of the Service in violation of this Agreement; 2) from a breach of this Agreement; or 3) from any other breach of your representations and warranties listed above. This indemnification extends to the award of attorneys’ fees in any legal dispute, except where prohibited by law.
You will cooperate with us as fully as reasonably required in the defense against such claims. WRITERDUET INC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
WRITERDUET INC.’s software, services, and products are provided as-is and we will take every reasonable step to ensure that they are reliable and secure. You agree that WRITERDUET INC. and the Indemnified Parties will not be liable to you or to any third party for losses caused by your use or reliance on information obtained through or content distributed by WRITERDUET INC.
WRITERDUET INC. and the Indemnified Parties will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages or injury: 1) arising from the use of or inability to use WRITERDUET INC.’s Web sites, products, or services; 2) arising from the breach of any warranty; or 3) caused by an error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, failure to perform, or theft, destruction, hacking, cracking, or other unauthorized access to or alteration of the WRITERDUET INC. Web sites or our Service, software, or other products. This holds true regardless of whether such claims are based on legal theories of contract, tort, negligence, strict liability, or any other cause of action, and regardless of whether hawse have actual knowledge of the possibility of such damages. If your jurisdiction restricts the right to limit liability in this way, this Section may not apply to you. But even in that case, our liability will not exceed the sum of $100US.
7. READTHROUGH RECORDINGS
If you are a Script Author, you agree that Readthrough Recordings of your submitted scripts, regardless of whether they contain the recorded voices of live actors, synthesized or sampled “voice font” recordings created by computer programs or other types of automated processes, or by some variation or combination of the two, are provided to you “as is” and solely for analytical purposes within the scope of our Service. As one component of an informational service, these Recordings are provided to help you evaluate and improve your submitted script, and are not themselves a deliverable product that may be owned by Script Authors or transferred by Authors to other parties.
As a Script Author, you may download Readthrough Recordings of your own submitted script only through a Download button or similar mechanism on our Web site that is intended for that purpose and may use downloaded Readthrough Recordings only for your personal, non-commercial use and consumption. To be clear, you may access, play, and share links to Readthrough Recordings during the course of your personal use only to the extent intended and allowed by the functionality of our Service and as permitted by this Agreement. You may not otherwise modify, copy, remove from our Web site, distribute (such as by webcasting), sell, license, or assign rights to these recordings in any manner and for any other use, commercial or non-commercial, without our prior written consent.
You agree that voice fonts and recordings of voice fonts embedded in a Readthrough Recording are the sole intellectual property of one or more of our text-to-speech service-provider Partners; and that nothing in this Agreement transfers to you any rights of ownership, reproduction, or use of such intellectual property rights or constitutes a license to use those voice fonts or Readthrough Recordings that contain recordings of those fonts in ways other than those expressly allowed by this Agreement.
Our text-to-speech service-provider Partners currently include, but are not limited to, Cepstral LLC (“VoiceForge”) of Pittsburgh, PA; iSpeech, Inc. of Newark, NJ; Wizzard Software Corporation of Pittsburg, PA; and AT&T of Dallas, TX. These Partners retain all rights to edit, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the voice fonts that they own and those components of any content, including Readthrough Recordings, that contains their voice fonts, whether created for either commercial or non-commercial purposes, subject to the rights of the script writers. Neither we nor our Partners, however, claim any copyright, trademark, trade secret rights in a submitted script other than what is necessary to deliver our Service to you and to maintain proper functioning and operation of our Web site and Service.
As a Script Author, you agree to grant WRITERDUET INC. and our Partners the right to edit, copy, reproduce, distribute, transmit, broadcast, display, or otherwise use any Readthrough Recording made from your submitted script only when necessary to provide you the service, and only if doing so does not violate any intellectual property right that you hold in your script. If we do not use a submitted Readthrough Recording on our Web site promptly after upload, that does not mean that we waive the right to use it without notice at a later time.
Script Authors may choose to have the voices of one or more live actors (“Voice Actors”) incorporated into a Readthrough Recording of a script you submit. WRITERDUET INC. may also give Script Authors the ability to choose or confirm the choice of specific Voice Actors to read parts of a submitted script. As an Author, you agree to grant Voice Actors a non-exclusive license to view and read the contents of your uploaded script for the purpose of creating a Readthrough Recording, if done with your consent and with the permission of WRITERDUET INC. and using the resources of our Web site and Service . Voice Actors have no other rights in your submitted script or the performance thereof.
If you are a Script Author, you agree that WRITERDUET INC. and our Partners are not responsible for any real or perceived financial losses, loss of opportunity, or other types of losses due to the quality of our Service, Web site, or products, including the quality of any Readthrough Recording or the results of our script analysis, rating, and correction tools.
You also agree that WRITERDUET INC. and our Partners are not responsible for any real or perceived financial losses, loss of opportunity, or other types of losses caused by your or anyone else’s reliance on information, including Readthrough Recordings and script ratings or reviews: 1) posted by us on our Web site; 2) transmitted to or posted on our Web site by others, including members, guests, advertisers, featured guests, Voice Actors, or experts; or 3) transmitted to or by WRITERDUET INC. by other means.
You agree not to circumvent, disable or otherwise interfere with security features of our Service or features that prevent or restrict unauthorized use or copying of Readthrough Recordings or enforce limitations on use of our Web site, Service, or products.
WRITERDUET INC. is not responsible for damages due to breaches of contract, misrepresentation, fraud, or any other violation of the law or civil disagreement that occurs within the scope of any collaboration between Script Authors and Voice Actors. This is true regardless of whether the Authors and Voice Actors ever make actual contact with each other, either online or in person, or have formed any written or oral contract, or whether the alleged violation occurs within the scope of our Service. WRITERDUET INC., for example, assumes no responsibility if an Author tricks Voice Actors into contributing to the creation of an infringing recording by misrepresenting a stolen script as an original work. Nor would we be liable if, after or during the process of creating a Readthrough Recording, a Voice Actor sells or distributes an Author’s script to a third party without authorization from the rightful owner.
8. VOICE ACTORS
By consenting to this Agreement, Voice Actors agree that they claim no present or future rights of ownership in or control over any Readthrough Recording that contains a recording of their voices. In particular, Voice Actors agree to the limitations described in Sections 6 and 7 above. Voice Actors may access, play, and share links to Readthrough Recordings only for their personal use and only to the extent intended and allowed by the functionality of our Service and as permitted by this Agreement. Voice Actors may not otherwise copy, modify, remove from our Web site, distribute, sell, license, or assign rights to these recordings in any manner and for any use, commercial or non-commercial, without our prior written consent. This is true even if a Voice Actor improvises or makes other changes to the script when reading a part into a Readthrough Recording.
Voice Actors acknowledge that nothing in this Agreement transfers to them any rights of ownership, reproduction, or use in the voice fonts or in the script incorporated into a Readthrough Recording, or constitutes a license to use those rights in ways other than those expressly allowed by this Agreement.
As described in Section 7, WRITERDUET INC. is not responsible for damages due to breach of contract, misrepresentation, fraud, or any other violation of the law or civil disagreement that occurs within the scope of any collaboration between Script Authors and Voice Actors.
As a Voice Actor, you agree that WRITERDUET INC. and our Partners may use Readthrough Recordings that contain your recorded voice in any way permitted by law, such as posting them on our Web site or transmitting them to our business partners. If we do not use a submitted Readthrough Recording on our Web site promptly after upload, that does not mean that we waive the right to use it without notice at a later time.
Voice Actors have rights in neither the script that they read into a Readthrough Recording nor in the recording itself and may not modify, copy, distribute (such as by webcasting), reuse, sell, assign, license, or sublicense Readthrough Recordings without the written consent of WRITERDUET INC., the Script Author, and, in some cases, our service-provider Partners. By agreeing to record their voices into a Readthrough Recording, Voice Actors also assert that they understand that they may not be able to listen to or access online a Readthrough Recording that contains their voices, receive public credit for their voice acting, or take any part in deciding whether a Readthrough Recording will be selected for use within the scope of our Service.
READHTHROUGH.COM may, in its sole discretion, choose to publicly identify the Voice Actors involved in the creation of each Readthrough Recording. We may also include metadata in our aggregated statistical analyses and reports to describe the Readthrough Recordings, their content, and their creators. This data, and the Readthrough Recordings themselves, may be retained and used by WRITERDUET INC. even after Authors and Voice Actors have terminated their registered accounts with our Service.
WRITERDUET INC. may post our own and users’ reviews and ratings of Voice Actors and is not liable for any damages to any party that result from the distribution of such information. We reserve the right to remove or block access to any reviews or rankings that violate our Community Guidelines.
9. WE MAY MONITOR USER BEHAVIOR
10. SERVICE INTERRUPTION
You agree that WRITERDUET INC. is not liable for damages and losses due to interruption of our Service, regardless of the cause of the interruption.
11. THIRD-PARTY MATERIAL AND Web siteS
When processing your submitted script, we may forward it to text-to-speech service-provider Partners. These Partners retain all rights as described in Sections 6 and 7. To be clear, WRITERDUET INC. and its Partners are not responsible for any loss or damages caused by your or anyone else’s reliance on information: 1) posted by us on the WRITERDUET INC. Web sites; 2) transmitted to or posted on the Web site by others, including members, guests, advertisers, featured guests, Script Authors, Voice Actors, or experts; or 3) transmitted to or by WRITERDUET INC. through other means.
Opinions, advice, statements, offers, reviews, or other information or content made available by third parties on or through our Web site or Service are the property of their respective authors, who are solely responsible for their content. WRITERDUET INC. does not guarantee the accuracy, completeness, or usefulness of any such information, whether published by WRITERDUET INC., our Partners, or our users.
By uploading your script to WRITERDUET INC., you grant us the right to submit your scripts to our Partners for analysis or conversion. WRITERDUET INC. makes no representations regarding our Partners’ services or their Web sites and we are not responsible for any infringement by these parties of your rights in your script, of your privacy, or of any other legal rights you claim.
12. CLAIMS OF COPYRIGHT INFRINGEMENT: TAKEDOWN NOTICES AND COUNTER-NOTICES
If you believe that any material or content distributed or posted on WRITERDUET INC. infringes your copyright, we will remove it upon receiving a takedown notice from you, as described in the federal Digital Millennium Copyright Act § 512(c). You should send us the notice via email to firstname.lastname@example.org, or by mail to:
1445 Chandelle Ln
Fallbrook, CA 92028
WRITERDUET INC. will evaluate your claim and, if it appears reasonable, will remove the offending content from our Web site.
Legally proper takedown notices must include the six pieces of information listed below. If your notice does not substantially comply with this requirement, your rights as a copyright holder may be compromised. Your notice must include:
When we receive a proper takedown notice, we immediately launch an investigation. If we find any reasonable chance that the material you identify does indeed infringe a valid copyright, we will remove that material from our Web site or block access to it. We’ll also promptly notify the person who posted it. Our goal will be to remove the content within 48 hours of receiving proper notice, but in complicated situations, this process could take as long as two weeks.
If we remove or block material that you have posted because another person has claimed that it infringes a valid copyright, we will give you the chance to contest that claim in a counter-notice. You should promptly send the counter-notice to us through any of the acceptable methods for sending takedown notices. If your counter-notice substantially complies with the legal requirements listed below, we will restore your material no later than 10-14 days of receipt, regardless of whether it is ultimately determined that your material actually does infringe. If the person filing the original takedown notice sues you in court, however, we cannot restore your material until the court case concludes.
Your counter-notice must include:
13. CHANGES WE MAKE TO OUR SERVICE
We may alter, suspend, discontinue, or add terms to any aspect of the WRITERDUET INC. Web sites, our Service, or our other products at any time without liability or notice to you. We may limit the availability of any Service feature, database information, or other content and may restrict your access to parts or all of the Service without liability or notice .
14. CHOICE OF VENUE FOR LEGAL DISPUTES
If you become involved in a legal dispute with WRITERDUET INC. or in a legal dispute that arises out of your or another party’s use of our Web site, products, or Service, you agree that the dispute will be governed by the laws of the State of California, regardless of California’s conflict-of-law rules. You also consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Santa Barbara County, for the resolution of that dispute.
15. STATUTE OF LIMITATIONS
You agree that, regardless of any law to the contrary, any claim or cause of action arising from or related to the use of our Service, Web site, or other products that you don’t file within one year after it arose will be forever barred. The failure of any party to exercise a right provided by this Agreement is not a waiver of further rights under the terms of the Agreement.
16. INTEGRATION & THIRD-PARTY BENEFICIARIES
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary to permit the rest of the Agreement to remain in effect. This Agreement may be assigned in whole or in part, transferred, or sublicensed only with WRITERDUET INC.’s prior written consent. This Agreement does not create any agency, partnership, joint venture, or employment relationship.
1. Use of the Site. You understand that http://www.screencraft.org cannot and does not guarantee or warrant that the Site and it’s contents will be free of infection or viruses, worms, Trojan horses or other code that generates contaminating or destructive properties. You are responsible for own internet browsing safety and you are responsible for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. http://www.screencraft.org PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR ENDORSEMENTS WHATSOEVER. http://www.screencraft.org DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. http://www.screencraft.org HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
2. LIMITATION OF LIABILITY IN NO EVENT WILL http://www.screencraft.org BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF http://www.screencraft.org OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. 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. IN SUCH STATES, http://www.screencraft.org LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Indemnification. You agree to indemnify, defend and hold harmless http://www.screencraft.org, its officers, directors, agents, employees, contractors, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Intellectual Property This Agreement does not transfer from screencraft.org to you any screencraft.org or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with screencraft.org. Screencraft.org logo, and all other trademarks, service marks, graphics and logos used in connection with screencraft.org are trademarks or registered trademarks of screencraft.org or screencraft.org’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any screencraft.org or third-party trademarks.
5. Responsibility of Website Visitors. By operating the Website, screencraft.org does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. screencraft.org disclaims any responsibility for any harm resulting from the use by visitors of the Website.
6. Copyright Infringement and DMCA Policy. As screencraft.org asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by screencraft.org violates your copyright, you are encouraged to notify screencraft.org in accordance with common DMCA policies. screencraft.org will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of screencraft.org or others, screencraft.org may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, screencraft.org will have no obligation to provide a refund of any amounts previously paid to screencraft.org.
7. Contribution to Website. If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to screencraft.org for inclusion on our Website, you grant screencraft.org a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, screencraft.org has the right (though not the obligation) to, in screencraft.org’s sole discretion (i) refuse or remove any content that, in screencraft.org’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in screencraft.org’s sole discretion. screencraft.org will have no obligation to provide a refund of any amounts previously paid under these circumstances.
8. Changes screencraft.org reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. screencraft.org may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination screencraft.org may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SocialEngine.net client account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by screencraft.org if you materially breach this Agreement and fail to cure such breach within thirty (30) days from screencraft.org’s notice to you thereof; provided that, screencraft.org can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties The Website is provided “as is”. screencraft.org and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither screencraft.org nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability In no event will screencraft.org, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to screencraft.org under this agreement during the twelve (12) month period prior to the cause of action. screencraft.org shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13.Miscellaneous This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between http://www.screencraft.org and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court in Los Angeles County, California, in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. http://www.screencraft.org’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. http://www.screencraft.org may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.