Drama Notebook Terms of Service (TOS) End User License Agreement (EULA) TERMS OF SERVICE 1. COPYRIGHT RULES REGARDING SCRIPTS Drama Notebook publishes high-quality scripts written by the site author, playwrights, teachers and actors. In exchange for receiving royalty-free plays at a nominal cost, you MUST contact the playwright as soon as you read the script and give feedback and let him/her know how you are planning on using the play. If you will be performing the play in front of an audience, you MUST post a link to the Drama Notebook Script Library on your school or organization website. Violation of these terms will result in immediate banning from the site, and could result in a court lawsuit for copyright violation. 2. Terms of Service Drama Notebook provides subscriptions to drama curriculum materials and downloadable products for sale to Individual Subscribers and Educational Organizations subject to the terms of service set out in this agreement ("TOS"), which may be updated by us occasionally without notice to you. In addition, when using particular Drama Notebook materials/services, you are subject to any posted guidelines or rules applicable to such materials/services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. 3. DESCRIPTION OF SERVICE (a) Your payment obligations with regard to access to Drama Notebook materials are as set out in your subscription application or as described in a Group License Agreement. (b) Drama Notebook currently provides users with access to drama curriculum materials with the functionality described in your subscription application and in the Terms of Service. (c) Individual teacher memberships to Drama Notebook are intended for use by one (1) party only. Monthly subscribers may download ten items per month and may access the site from two computers. Members who subscribe to the three-month membership may download 25 items at any time over a three-month period. Yearly subscribers are entitled to unlimited downloads for a full calendar year. Any e-book title in the Drama Notebook Lesson Library counts as one download, regardless of the length of the lesson. Lessons featured in the Drama Notebook Store are not included in a Drama Notebook monthly, three-month or yearly membership. Members are not permitted to share their password under any circumstances. (d) Group License Subscriptions apply to any organization wishing to license three (3) or more Subscribers to Drama Notebook. A separate Group License Agreement shall be executed between the Organization (subscribing entity) or Educational Institution (subscribing entity) and Drama Notebook. This will include, but is not limited to the number of Users per Organization/Institution and the License Fee(s) agreed upon by both parties. (e) Individual products sold in the Drama Notebook Online Store are intended for single-teacher use only. Purchase of Drama Notebook materials for organizational use necessitates a separate Group License Agreement. (f)) Unless explicitly stated otherwise, any new features that augments or enhance the current subscription shall be subject to the TOS. You understand and agree that neither Drama Notebook nor its suppliers assume responsibility for the timeliness, deletion, mis-delivery, non- delivery or failure to store or accurately store, any user communications, addresses or personalization settings. (g) You are responsible for obtaining access to Drama Notebook and that access may involve fees to Drama Notebook or third party fees (such as Internet service provider or airtime charges). (h) You must provide and are responsible for all equipment necessary to access the Drama Notebook. 4. CERTAIN SUBSCRIPTION OBLIGATIONS You agree to: (a) Provide true, accurate, current and complete information about yourself as prompted by Drama Notebook’s subscription form ("Subscription Data"); and (b) promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Drama Notebook or its suppliers have reasonable grounds to suspect this, Drama Notebook or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of Drama Notebook (or any portion thereof), including any transition rights. 5. CANCELLATION POLICY Membership to Drama Notebook is offered on a recurring billing basis. Subscribers may cancel at any time by logging into their account, clicking “Payment History,” and “Cancel.” Members are responsible for canceling their subscriptions in a timely fashion to avoid unwanted charges. Members who forget to cancel are not eligible for refunds for that month. Subscribers experiencing problems with the cancellation process should contact alex@dramanotebook.com. 6. SERVICE PROVIDER PRIVACY POLICY Subscription Data and certain other information about you is subject to our Privacy Policy. 7. MEMBER ACCOUNT, PASSWORD AND SECURITY You may receive a password and account designation upon completing Drama Notebook’s subscription process. You are responsible for maintaining their confidentiality, and for all activities that occur under your password or account. You agree to (a) immediately notify Drama Notebook of any unauthorized use of your password or account or any other breach of security, and (if applicable); and (b) exit from your account at the end of each session. Drama Notebook, and its suppliers, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. 8. INDEMNITY You agree to indemnify and hold Drama Notebook, and its suppliers’ affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Drama Notebook, your use of Drama Notebook, your connection to Drama Notebook, your violation of the TOS, or your violation of any rights of another. END USER LICENSE AGREEMENT This Agreement governs the terms by which Subscribers/Customers of DramaNotebook.com (DN) may use lesson plans, scripts, drama games, or other content that is made available on a subscription basis to DramaNotebook.com or purchased in the DramaNotebook.com Online Store. This License Agreement is in addition to the Terms of Service (TOS) for DN. 1. Background of Agreement In this Agreement: (i) “Subscriber” or the “Member” or “Customer” means you or, if you are accepting on behalf of your employer or another entity, then “Subscriber” means that employer or entity and affiliates; (ii) “DN,” “RP” or “we” means Rumplestiltskin Press, the operator of the DN website; and (iii) “Content” means any lesson plan, script, study guide or other supporting materials that a Subscriber is paying to have access to or purchasing outright from the Drama Notebook Online Store. When a Subscriber purchases and downloads any digital content from DN, the Subscriber accepts this agreement either for him/herself or on behalf of his/her employer or the entity that is identified as the buyer, and agrees to be bound by its provisions. If a Subscriber is accepting on behalf of his/her employer or someone else, he/she represents and warrants that he/she has full legal authority to bind his/her employer or such other entity. If you do not have such authority or do not accept or agree with these terms, do not accept the Agreement and do not access the Content. 2. Standard License Terms DN hereby grants the Subscriber(s) a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by DN or the supplier/publisher of the Content, as the case may be. 3. Permitted Uses for Materials featured in the Drama Notebook Subscribers Area Material on the Drama Notebook website is protected under copyright law and is intended to be used in classroom or theatre settings by educators. Subscribers may not use the Content, format or themes featured in products for: resale, license, or other distribution. Content may not be used for any commercial purpose whatsoever without direct written authorization by the Publisher. Subscribers cannot modify the Content, then distribute it or print it and sell it to others for their own consumption, reproduction, or resale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, Subscribers should contact DN. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright. 4. Permitted Uses for Materials Purchased in the Online Store Individual Customers purchasing products in the Online Store may make one (1) copy of the Content solely for backup purposes, and must reproduce all proprietary notices on this single backup copy. Subscribers may not share copies of Drama Notebook materials with other teachers. Subscribers may not use the Content in products for resale, license, or other distribution. Members may not modify the Content, then distribute it or print it and sell it to others for their own consumption, reproduction, or resale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, Subscribers should contact DN. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright. 5. Permitted Use for Materials Used in Performance All materials on the Drama Notebook site are offered royalty-free for Educators/Educational Institutions/Youth Organization unless otherwise noted. Commercial use (performance) of scripts, such as shows produced by Children’s Theater Companies for which a fee is charged, are subject to royalty fees. Contact the publisher at alex@dramanotebook.com or by phone at 503.888.0635. 6. Prohibitions (a) Prohibited Uses. Subscribers/Customers may not do anything with the Content that is not expressly permitted in the preceding section or permitted in writing by DN. For greater certainty, the following are “Prohibited Uses” and Subscribers/Customers may not: * use the Content in documents or other forms of media intended for resale, whether on-line or not, including, without limitation, websites, slide presentations, or include the Content on websites; * incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as websites, email communications, documents, and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file; * to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code; * remove any notice of copyright, trademark, or other proprietary right from any place where it is on or embedded in the Content; * sub-license, re-sell, rent, lend, assign, gift, or otherwise transfer or distribute the Content or the rights granted under this Agreement; * install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users; and * use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file-sharing arrangement. 7. Terms of Agreement (a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from DN if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to DN in writing that you have complied with these requirements. (b) Upon notice from DN/RP or upon your knowledge that any Content is subject to a threatened, potential, or actual claim of infringement of another's right for which DN may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems, and storage (electronic or physical); and (iii) ensure that your clients, printers, or ISPs do likewise. DN shall provide you with replacement Content (which shall be determined by DN in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement. 8. DN Representations and Warranties (a) DN warrants that (i) your use of the Content in accordance with this Agreement and in the form delivered by DN will not infringe on any copyright, moral right, trademark, or other intellectual property right and will not violate any right of privacy or right of publicity; and (ii) all necessary model or property releases for use of the Content in the manner authorized under this Agreement have been obtained. (b) While we have made reasonable efforts to correctly categorize and explain the nature of the Content, DN does not warrant the accuracy of the information in the materials you access or purchase from DN. While DN aims to provide high-quality, effective teaching materials, use of the material can vary greatly from teacher to teacher. DN therefore makes no guarantee as to the effectiveness of the materials with any particular group/class/situation. (c) OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 8(a), OR ANY OTHER STATED GUARANTEES FOR ANY PRODUCT YOU PURCHASE OR ACCESS FROM DN, THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DN DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT DN) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FORGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FORMAT OR FILE EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8(a), DN MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. SUBSCRIBER/CUSTOMER FURTHER AGREES TO HOLD DN HARMLESS IN THE EVENT THAT MATERIALS CAUSE DAMAGE TO THE USER’S COMPUTER OR DATA. 9. Contact If you have concerns or questions related to the policy for the use of any products sold via DN, or relating to this Agreement, please contact DN at alex@dramanoteook.com or via phone at (503.888.0635). 10. Acknowledgment YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF DN AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DN, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DN RELATING TO THE SUBJECT OF THIS AGREEMENT.