LAST REVISED: OCTOBER 18, 2011.

These Terms of Use (“Terms”) govern the use of the www.theatrewashington.org (the "Site"), which is owned and operated by TheatreWashington (formerly known as the Washington Theatre Awards Society), a District of Columbia non-profit corporation ("theatreWashington,” “we” or “our”). BY ACCESSING THE SITE, YOU AGREE TO ABIDE BY THESE TERMS. ACCESS OR USE OF THE SITE FOLLOWING ANY CHANGE TO THE TERMS OF USE CONSTITUTES YOUR AGREEMENT TO THOSE CHANGES. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE.

These Terms govern your current visit to the Site, not any future visit. We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting on any one of the Site. As your next visit to a Site may be governed by different terms posted at this page, you should review the terms on this page each time that you visit a Site.

1. Authorized User; Your Responsibility. You affirm that you are over the age of 18. You may not access or use the Site if you are unable to form a binding, legal agreement with theatreWashington. You assume all responsibility for your use of, or access to, the Site, including your access to any Site Content or User Content and hereby waive all claims or causes of action against theatreWashington, its affiliates, its licensors and their respective officers, directors, employees, agents and representatives in connection therewith.

2. Ownership. All information, materials, images, software, photographs, articles, functions, text and other content solely provided by or on behalf of theatreWashington on the Site (specifically excluding any User Content (as defined below)) (collectively, “Site Content”) is the sole property of theatreWashington, as between you and theatreWashington. The Site and all of the Site Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. We reserve all rights not expressly granted herein in and to the Site and the Site Content. Unless otherwise noted, the theatreWashington name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are the property of theatreWashington, its affiliates or licensors. All third party trademarks, service marks, trade names, logos or other designations of source are the property of their respective owners. Nothing on the Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of the Site or any of the Site Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt or otherwise modify any part of the Site or Site Content.

3. Use of the Site. You are authorized to access and use the Site and related Site Content as set forth in these Terms, provided that: (i) your use of the Site and Site Content as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not distribute or transfer any portion of the Site on any media without theatreWashington’s prior written approval; (iii) you will not alter, adapt or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of these Terms. We reserve the right in, our sole discretion, to restrict your use of the Site, any Site Content and any third party’s User Content at any time, with or without notice for any or no reason.

4. Third Party Content. We may from time to time (a) link to other websites that we feel may be useful to you, and (b) post content to our Site that is supplied by third parties (collectively “Third Party Content”). Third Party Content is not under the control of theatreWashington. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of Third Party Content, any services accessible by hyperlink from our Site, links contained in any Third Party Content, or any review, changes or updates to a third party website, or for third-party websites that link to our Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third Party Content are those of the respective author(s) or distributor(s) and not of theatreWashington. theatreWashington does not guarantee the merchantability or fitness for any particular purpose of Third Party Content. When leaving our Site, you should be aware that these Terms no longer governs, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any third party Site. Additional disclaimers and limitation of liability are noted below.

5. Use of Information. All remarks, suggestions, ideas, graphics, or other information communicated by you to us to improve the Site, Site Content or the products or services of theatreWashington (each, a “Submission”) will forever be theatreWashington’s property. We will not be required to treat any Submission as confidential and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature everywhere. We will be entitled to use Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending Submissions. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

6. User Content. The Site may now or in the future permit the submission of text, files, images, photos, video, sounds, musical works, works of authorship, text postings, and other materials and content by you and other users (“User Content”) on certain areas of our Site.

The nature of the Site is interactive and public. By submitting or posting User Content, you understand and acknowledge that any materials, ideas or other communications you submit or post in any manner and for any reason will not be treated as confidential or proprietary and may be preserved or disclosed by theatreWashington at our discretion.

You shall be solely responsible for any User Content you submit or post and the consequences of submitting or posting it. With respect to any User Content you submit or post, you affirm, represent and warrant that: (a) you own or have the necessary licenses, rights, consents or permissions to use, and authorize theatreWashington to use, all patent, copyright, trade secret, trademark rights or other proprietary rights to enable inclusion and use of User Content in the manner contemplated by the Site and these Terms; and (b) you have the appropriate and necessary written consent, release or permission of each identifiable individual person or business in your User Content to use the name, likeness or other personal characteristics of each such identifiable individual or business (as applicable) to enable inclusion and use of such User Content in the manner contemplated by the Site and these Terms.

As between you and theatreWashington, you shall retain all of your ownership rights in and to the User Content you submit or post to our Site. However, by submitting or posting User Content to theatreWashington, you hereby grant theatreWashington a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media), the User Content, in whole or in part, including future rights that theatreWashington (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.

You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, access, reproduce, distribute, transmit, forward, display and perform such User Content, in whole or in part, to the extent permitted by the Site under these Terms (the “User License”).

7. Posting User Content. theatreWashington will have the right to accept, post, refuse, remove or delete any User Content for any or no reason (including that which it reasonably considers to violate these Terms or to otherwise be illegal or objectionable). Any User Content submitted is subject to these Terms, any additional terms for a specific feature, as well as the following submission rules, to which you agree to adhere through your use of the Site:

(a) You will not submit or post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by theatreWashington in its sole discretion.

(b) You will not submit or post any content that contains personal information about any other individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.

(c) You agree that you will not impersonate any person or organization, including—without limitation—the personnel of theatreWashington. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other content transmitted through the Site.

(d) You will not misrepresent an affiliation with another person or organization, nor will you submit or post any content that that infringes any copyright, trademark, patent, trade secret, or otherwise subject to intellectual property rights of a third party.

(e) You will not use the Site to harm minors in any way or to send any content that is inappropriate for minors, offensive, or incompatible with the character or subject matter of the Site.

(f) You will not submit, post, upload e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other material that contains business solicitations of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.

(g) You will not submit or post any software to the Site, nor will you submit or post links to online locations or post files that do not comply with these Terms, and you will not submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Site.

(h) You will not modify in any way any specifications, technology, or application codes provided to you by theatreWashington or as embedded in the User Content unless expressly authorized in writing by theatreWashington.

(i) You will not intentionally or unintentionally violate any applicable local, state, national or international law.

(j) You will not collect any personal information about other users.

(k) You will not share or transfer passwords or other access information with any other party, temporarily or permanently as applicable.

(l) You will not use the Site, Site Content or User Content in any way that harms theatreWashington or any user of theatreWashington.

(m) You will not use the Site in any manner that could overburden, or impair the Site (or the networks or systems connected to the Site).

(n) You will not use any device, software or instrumentality to interfere with the proper working of our Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

theatreWashington assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

You understand that theatreWashington has the right to but has no responsibility or obligation to monitor any materials submitted, posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms, you may e-mail webmaster@theatrewashington.org.

8. Compliance with Laws. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Site. theatreWashington reserves the right to terminate any account with respect to the Site and to prevent your use of any and all Site if such account is used to engage in illegal activity or to violate these Terms.

9. DMCA Notice. We respect copyright ownership and expect users of our Site to do so as well. It is our goal to limit or prevent access to the Site by any users who are repeat infringers of copyright.

If you are a copyright owner or an agent thereof and believe any Site Content or User Content posted on the Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to theatreWashington through our designated agent at the address listed below containing the following information:

(a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(c) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(e) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.

Attn: TheatreWashington Designated Agent
Elizabeth Karmin
DLA Piper LLP (US)
500 Eighth Street, NW
Washington, DC 20004
202.799.4103 T
202.799.5103 F
betsy.karmin@dlapiper.com

10. Additional Products and Services Disclaimer. We may make available certain descriptions of services and events on the Site. We do not represent or warrant that any particular event or service will conform to those descriptions. Each event or service is governed specifically and exclusively by the instrument entered into by the parties for that event or service and not by any information posted on the Site. This paragraph is in addition to and not instead of the disclaimers set forth in these Terms.

11. Security. You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. theatreWashington reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

12. Indemnity. You agree to indemnify, defend and hold harmless theatreWashington, its affiliates, its licensors and their respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms or use of the Site, Site Content or User Content (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site on your behalf. theatreWashington reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

13. Disclaimer. THE SITE, THE SITE CONTENT AND USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

14. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THEATREWASHINGTON OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF OR THE OPERATION OF THE SITE, ANY OF THE SITE CONTENT OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND THEATREWASHINGTON’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

15. Limited Time to Bring Your Claim. You agree that any cause of action arising out of or related to theatreWashington, the Site, any Site Content or User Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

16. Restricted Access Portions Of The Site. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your user name or password. You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are personal and non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share any user name or password to anyone other than an employee or agent authorized to act on behalf of your business, and subject to these Terms. You assume all responsibility for loss or misuse of your user name and password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason except due solely to the gross negligence or willful misconduct of theatreWashington. theatreWashington reserves the right to terminate your access to the Site or cancel your user name and password at any time and for any reason including, without limitation, your violation of these Terms.

17. Privacy. Our Privacy Policy is incorporated into, subject to and made part of these Terms.

18. Links. We welcome links to our Site from other web Site; however, we in no way operate, control or endorse such websites placing links to our Site on such websites. We reserve the right to require any such link to be removed at any time in our sole discretion. Should you wish to link to our Site, please contact webmaster@theatrewashington.org. The Site also contains links to third party Site. theatreWashington is not responsible for the privacy policies, terms of use, or actions of any such Site or their operators. You may be subject to separate terms of use for such third party site.

19. Governing Law and Forum. These Terms, and the interpretation, performance and enforcement of your and theatreWashington’s rights and duties, shall be construed in accordance with the laws of Washington, D.C., except for any conflict or choice-of-law principle thereof that would lead to the application of another jurisdiction’s laws to the rights and duties of the parties. By using the Site, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in Washington, D.C., or, at theatreWashington’s sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to take place in Washington, D.C.

20. Miscellaneous. The Terms, and the Privacy Policy incorporated herein, constitutes the entire agreement between you and theatreWashington relating to your use of our Site and Site Content. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. theatreWashington makes no representations that the Site is appropriate or available for use in locations outside of the United States. Those who access or use the Site from outside of the United States do so at their own volition and are responsible for compliance with local law. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site.

21. Contacting Us. If you have any questions or concerns about these Terms, please contact us at webmaster@theatrewashington.org. To inquire about linking to our Site or about trademark or copyright matters, please contact us at webmaster@theatrewashington.org.

Printer-friendly version