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Terms and Conditions

Introduction. The Terms of Use set forth below are binding on all users of this Website. By directing your browser to this Website or otherwise accessing the pages of this Website, you accept these Terms of Use.


This website (the "Website") is operated by The Modern Shakespeare LLC ("The Modern Shakespeare"). The Modern Shakespeare may change the Terms of Use at any time at its sole discretion. The Modern Shakespeare reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that The Modern Shakespeare determines has violated any aspect of these Terms of Use. The Modern Shakespeare reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by The Modern Shakespeare.


B. User Conduct; Right to Terminate Access to the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. The Modern Shakespeare retains the right, at The Modern Shakespeare's sole discretion, to determine whether or not your conduct is consistent with this Agreement and The Modern Shakespeare's operating rules or policies and may terminate your access to and use of the Service if your conduct is found to be inconsistent with this Agreement, such rules or policies. Without limitation, The Modern Shakespeare reserves the right to terminate your access to and use of the Service.


You understand that we reserve the right to conclude that your conduct is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if we allow other users access to the Service despite their communications having the same or similar characteristics as yours. You also understand that by providing any user access to and use of the Service, The Modern Shakespeare in no way endorses user communications as being suitable under the terms of this Agreement.


C. Privacy. Please see The Modern Shakespeare's privacy policy for more information regarding privacy. The privacy policy is incorporated into and a part of these Terms of Use.


D. Disclaimer of Warranties; Limitation of Liability. The Modern Shakespeare does not guarantee that files available for viewing or downloading through the Service will be free of contaminating or damaging code such as viruses, trap doors and the like. The Modern Shakespeare does not endorse content, nor warrant the accuracy, completeness, correctness, timeliness or usefulness of any opinions, advice, content, services, or merchandise provided through the Service or on the Internet generally. Any details as to products, including product descriptions, benefits, quality and performance are provided by the supplier or manufacturer of the product and are reproduced for the convenience of our users. This information is not verified or substantiated by The Modern Shakespeare and The Modern Shakespeare is not responsible for any inaccuracies or omissions.


YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT, ARE PROVIDED "AS IS,"WITHOUT WARRANTY OF ANY KIND. The Modern Shakespeare EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Modern Shakespeare MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES The Modern Shakespeare MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. The Modern Shakespeare MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Modern Shakespeare OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NEITHER The Modern Shakespeare NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.


E. Indemnification. You agree to indemnify and hold The Modern Shakespeare, its partners, agents, affiliates and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold The Modern Shakespeare harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

F. Ownership Rights. The materials provided on the Service may be downloaded or reprinted for personal use only. You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds, or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and The Modern Shakespeare owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or ot her proprietary right. The Modern Shakespeare, The Modern Shakespeare.com and its logos are trademarks of The Modern Shakespeare. Other products, brands, company names and the like are trademarks of their respective owners.


G. No Copying or Distribution. You may not reproduce, copy or redistribute the design or layout of this web site, individual elements of the web site design, The Modern Shakespeare logos or other logos appearing on this web site, without the express written permission of The Modern Shakespeare. Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the The Modern Shakespeare web site is strictly prohibited without the express written permission of The Modern Shakespeare. Images and descriptions of products may be supplied to us by third parties, who reserve all rights in those materials.


H. Links. This Website may contain links to other websites that are not operated or controlled by The Modern Shakespeare. You acknowledge that use of these links to access other Internet sites is at your own initiative and sole risk. The Modern Shakespeare is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. The Modern Shakespeare establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.


I. Notices. The Modern Shakespeare will publicize any necessary notices by posting them on the Site. You authorize The Modern Shakespeare to send notices via electronic mail as well if The Modern Shakespeare decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.


J. Laws and Regulations. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of New Jersey without regard to its conflict of law provisions.

Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.

 

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