AMERICA’S NEXT GREAT AUTHOR TERMS OF SERVICE WEBSITE USE
LAST REVISED: JUNE 17, 2022
This site is operated by America’s Next Great Author, LLC (“Company”).
This site has been created for your personal enjoyment and entertainment. By visiting the Site, you accept and agree to be bound by these Terms of Service, including any future modifications, which constitute an agreement (“Agreement”) between you and Company and to abide by all applicable laws, rules and regulations (collectively, “Applicable Law”). Please read this Agreement carefully. Company reserves the right to modify or amend this Agreement without notice at any time, and such modification(s) will be effective upon posting on the Site. Your continued use of the Site and/or Company Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by Applicable Law, you must immediately leave the Site and discontinue your use of Company Services. Your access to certain Site features (including links to third party websites) may require you to accept additional terms and conditions applicable to such features, in addition to this Agreement, and additional terms may apply. Any questions or comments regarding, or problems with, the Site should be sent to the Site Administrator at firstname.lastname@example.org
ELIGIBILITY AND USER ACCOUNT PROTECTION
Use of the Site and Company Services is limited to users 18 years of age and older that are residents of the United States. Any registration information you submit to create your account (“User Account”) on our Third Party Services provider must be accurate, complete and kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. You agree not to use the username, email address or password of another user at any time. You agree to notify Company immediately if you suspect any unauthorized use of, or access to, your account or password.
The Site and Company Services may contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”). Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Content and the Company Services, excluding the Content you may upload to your User Account when you register to participate in America’s Next Great Author online pitch audition (“User Content”). Company hereby grants you a limited, revocable, non-sub licensable license to access and display the Content solely for your personal, non-commercial use in connection with viewing the Site and using the Company Services. The Site and Company Services may also contain Content of users and other Company licensors. Except as provided in this Agreement, by prior written consent of Company, or as explicitly permitted on the Site or Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Site and/or Company Services. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Company in writing at email@example.com.
USE OF COMPANY SERVICES
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Use the Company Services in a manner inconsistent with Applicable Law; and/or attempt, facilitate or encourage others to do any of the foregoing.You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their registration account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge the Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including but not limited to, terminating their registration account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Company may access, preserve or disclose information you provide, including your Content, when Company has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of Company, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of other users of Company Services or members of the public; (iii) protect against fraud or for risk management purposes; or (iv) comply with Applicable Law or the legal process.
THIRD PARTY LINKS, SERVICES AND ADVERTISING
COMPANY NEWSLETTERS; EMAIL ALERTS
Company may deliver newsletters and email alerts to its subscribers on a variety of Company services and programming. If you would like to subscribe to any of the newsletters Company offers, you may do so by clicking on the “Newsletter” link near the bottom of all site pages. If you would like to unsubscribe from any Company newsletter or email alert, you may do so by clicking on the “unsubscribe” link at the bottom of the Company newsletter or email alert that you have signed up to receive.
The Site and Company Services are provided “AS-IS” and “as available” and Company does not guarantee or promise any specific results from use of the Site and/or Company Services. Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Company makes no warranty that your use of the Site and/or Company Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Company Services or Third Party Services will be accurate or reliable. Under no circumstances will Company be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Site and/or Company Services, problems or technical malfunction in connection with use of the Site and/or Company Services, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Site and/or Company Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Site and/or Company Services, or the conduct of any users of the Company Services, whether online or offline. Your use of the Site, Third Party Services and the goods or services provided by Company and any third parties is solely your responsibility and at your own risk.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ANY OF ITS AFFILIATED COMPANIES OR AMERICA’S NEXT GREAT AUTHOR’S PRODUCERS, SPONSORS OR ADVERTISERS (OR EACH OF THEIR RESPECTIVE AFFILIATES, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Company, any of their affiliated companies and AMERICA’S NEXT GREAT AUTHOR’s producers, sponsors and advertisers and each of their parents, affiliates and related companies together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use or misuse of the Site and/or Company Services (including, without, limitation, any use of your account, whether or not authorized by you), your breach or alleged breach of this Agreement, and/or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties made by any third party.
Company reserves the right to immediately terminate your User Account, the use of, or access to, the Site at any time for any or no reason, with our without prior notice or explanation, and without liability. Furthermore, even after your User Account or access to a section of the Site is terminated, this Agreement will remain in effect.
Any dispute arising hereunder shall be arbitrated by, and under the rules of, J.A.M.S. in binding arbitration in Essex County, New Jersey and before a mutually selected arbitrator experienced in the United States television and internet entertainment industry. Each of you and Company also agrees to give up the right to have claims heard by a jury and the ability to seek to represent, in a class action or otherwise, anyone but each of you and Company.
This Agreement shall be deemed negotiated and entered into and shall be construed in accordance with the laws of the State of New Jersey and the United States applicable to agreements which are negotiated, signed and performed within such state. All actions, proceedings or litigation arising out of this Agreement shall be instituted and prosecuted solely within the State of New Jersey. You hereby consent to the jurisdiction of the state courts of New Jersey and the federal courts located in Essex County, New Jersey as to any matter arising out of or relating to this Agreement, and agree that New Jersey is a convenient forum.
Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Company agree to submit to the exclusive jurisdiction of the courts located in Essex County, New Jersey to resolve any Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE OR THE COMPANY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
The failure of Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
You agree that any notices the Company may be required by Applicable Law to send to you will be effective upon Company’s publishing such notices on the informational page(s) of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or your use of the Company Services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Nothing contained in this Agreement shall limit Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company Services or information provided to or gathered by us in connection with such use.
Please contact the Site Administrator at firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
COPYRIGHTS © / TRADEMARKS ™
AMERICA’S NEXT GREAT AUTHOR®/© 2022. All Rights Reserved.
All materials contained in Site and Company Services are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in Site or Company Services is expressly prohibited.