Terms and Conditions

Terms & Conditions

Agreement Between User and www.TennScreen.com

This website, including any content, software or information contained within the website and any website-related service (collectively, the “Website”), is offered to you conditioned on your acceptance without modification of the following terms, conditions and notices (“Terms and Conditions”). Your use of the Website constitutes your agreement to all such Terms and Conditions.

Parties

The parties to this agreement are as follows: Tennessee Screenwriting Association (“TSA”), a 501(c)(3) non-profit educational organization that promotes the art and craft of screenwriting and “User.” “User” is defined as a person authorized by the TSA to visit, browse, view or any other way connect to and/or with the website TennScreen.com. Hereinafter, the terms “User,” “you” and “your” all refer to the User of the TSA website. User understands that the TSA has sole discretion over the use of its Website and that TSA can revoke User’s account and privileges at TSA’s sole discretion.

Modification of these Terms and Conditions

The Tennessee Screenwriting Association (“TSA”) may, in its sole discretion, modify these Terms and Conditions at any time with or without notice to you. Your continued use of the Website after modification of these Terms and Conditions constitutes your acceptance of those modifications.

Links to Third Party Websites

The Website may contain links to other websites (“Linked Sites”). User understands that the Linked Sites are not under the control of the TSA and the TSA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The TSA is not responsible for webcasting or any other form of transmission received from any Linked Site. The TSA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the TSA of the Linked Site or any association with its operator.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You may not reproduce, duplicate, copy, sell, trade or exploit for any commercial purpose any portion of the Website. TSA reserves the right to hold any user of the Website accountable for damages that may be caused by the User’s use(s) of the Website that are not in conformity of this agreement or of the laws of local, county, state or federal jurisdictions.

Security

In furtherance of the above paragraph, violating the security of the Website is prohibited and may result in criminal and civil liability. The TSA may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan or test the vulnerability of the Website or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

Liability Disclaimer

The Website is provided on an “as is” and “as available” basis, and your use of it is at your sole risk. The TSA and its suppliers, affiliates and other related parties and their respective officers, directors, agents, employees and representatives expressly disclaim all warranties of any kind, whether express or implied; including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, accuracy of data and non-infringement.

The TSA and its suppliers, affiliates and other related parties and their respective officers, directors, agents, employees and representatives make no warranty that: (i) the Website will meet your requirements; (ii) materials, software or content available for streaming or downloading from the Website are free of infection or viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; (iii) the Website will be uninterrupted, timely or error-free; (iv) the information on the Website will be accurate, complete or reliable; and (v) any errors in the Website or software will be corrected.

Any material streamed, downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from your use of the Website.

No advice or information, whether oral or written, obtained by you from the TSA or through or from the Website shall create any warranty. No advice or information received through the website should be relied upon for significant personal, business, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your particular situation.

In no event shall the TSA or its officers, directors, agents, employees or representatives be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits or loss of data, whether in an action, in contract, tort (including but limited to negligence) or otherwise, arising out of or in any way connected with: (i) the use or inability to use the Website; (ii) except as otherwise explicitly provided in these Terms and Conditions, any claim attributable to error on the part of the TSA; (iii) any claim attributable to errors, omissions or other inaccuracies on the Website; (iv) unauthorized access to your Website account (“Account”) and use of the personal information contained in or accessible through your Account; (v) the delay or failure in performance resulting from an act of Force Majeure, including without limitation Acts of God, natural disasters, communications failure, governmental actions, wars, strikes, labor disputes, riots, shortages of labor or materials, vandalism, terrorism, non-performance of third parties or any reasons beyond their reasonable control; or (vi) any other matter relating to the Website, even if the TSA or its authorized representatives have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website is to stop using the Website.

Applicable law may not allow some of the limitations of liability and warranties set forth above. If any part of this liability disclaimer is found to be invalid or unenforceable for any reason, User agrees that the aggregate liability of the TSA for liabilities that otherwise would been limited shall not exceed one hundred dollars ($100).

Indemnification

You agree to defend, indemnify and hold harmless the TSA and its underlying content and service providers, licensors and suppliers, and each of their respective officers, directors, agents, employees, and representatives from and against all losses, costs, damages, liabilities and expenses, including attorneys’ fees, made by any third-party due to or arising out of: (i) your use of the Website; (ii) your connection to the Website; (iii) your violation of these Terms and Conditions; or, (iv) your violation of any law or the rights of another by use of the Website. These obligations will survive any termination of your relationship with the TSA or your use of the Website. The TSA reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with the TSA in asserting any available defenses.

Termination of Access of Access Restriction

You agree that the TSA may immediately terminate or suspend your Website account (your “Account”), any associated email address, and access to all or any part of the Website or change your password, if any, at any time without notice. Such termination, suspension or change may be for any reason, including but not limited to: (i) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated Account deletions); (iv) discontinuance or material modification to the Website; (iv) unexpected technical or security issues or problems; or, (v) engagement by you in fraudulent or illegal activities. Termination of your Account includes (or, if the TSA instead elects to suspend your Account, may include any one or more of the following): (i) removal of access to all offerings within the Website; (ii) deletion of your password and all related information, files and other content associated with or inside your Account (or any part thereof); and, (iii) barring you from further use of the Website. You agree that all terminations and suspensions shall be made in the TSA´s sole discretion and the TSA shall not be liable to you or any third party for any termination or suspension of your Account, loss of storage, any associated email address, or access to the Website.

Notices and Procedure for Making Claims of Copyright Infringment

The TSA respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Website in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the TSA’s Copyright Agent (tennscreen@gmail.com) the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A specific description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Miscellaneous

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the TSA as a result of these Terms and Conditions or your use of the Website. The TSA’s performance under these Terms and Conditions is subject to existing laws and legal process, and nothing in these Terms and Conditions shall prevent the TSA from complying with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the TSA with respect to such use.

These Terms and Conditions constitute the entire understanding of the parties on the subject matter contemplated hereunder and supersedes all prior understandings between the parties, whether written or verbal.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

Any dispute arising out of or relating to these Terms and Conditions or use of the Website shall be governed by the laws of the State of Tennessee, without regard to the rules governing conflict of laws. The parties’ consent to the exclusive jurisdiction of the federal and state courts located in the State of Tennessee, County of Davidson with respect to any such dispute.

ACH Payment Terms and Conditions

Electronic Signature and ACH Authorization

By submitting a payment to TSA using an online payment processing service, you agree that: (1) you have read, understand and accept these terms and conditions (“ACH Terms and Conditions”); (2) this constitutes a writing signed by you under any applicable law or regulation; (3) you have read and understand the Terms and Conditions and the Privacy Policy for www.TennScreen.com (the “Website”), which are incorporated into these ACH Terms and Conditions; (4) you authorize the Tennessee Screenwriting Association and its officers, directors, agents, employees and representatives (collectively, the “TSA”) to make any inquiries necessary to investigate any dispute relating to your use of this ACH payment service (the “Service”), which may include ordering a credit report, performing credit checks or verifying the information you provide against third party databases; and (5) you authorize the TSA to initiate ACH payments for the specified amounts from your bank account.

Limitation of Liability

The TSA will use its best efforts to ensure all payments are made correctly. However, the TSA will incur no liability if it is unable to complete payments initiated by you through the Service because: (i) your designated account does not contain sufficient funds to complete the transaction or the transaction would exceed your overdraft credit limit; (ii) your bank account is closed or restricts withdrawals; (iii) your bank or financial institution refuses to honor the transaction; (iv) the Service or the Website is not working properly and you are advised of that before initiating payment; (v) circumstances beyond the TSA’s control (such as flood, fire, power outages, mechanical or system failures); (vi) a reasonable security concern, such as unauthorized use, causes the Service not to honor your instructions; (vii) the Service has been disabled or suspended; (viii) you have been advised that your request will not be processed; or (ix) other exceptions allowed by law. The TSA’s liability for any improper debit from your bank account due to bona fide error on its part will be limited to the amount improperly debited. The TSA is not liable for improper debits from your bank account caused by any third party.

Incomplete or Returned Payments

If your ACH payment is returned or if the Service is unable to complete a payment initiated by you for any reason associated with your designated account, bank or financial institution (e.g., insufficient funds, closed or restricted account), you will be liable for all costs associated with such incomplete or returned payment. You hereby authorize the Service to deduct the amount of any such cost incurred by the TSA from your designated account. TSA will not refund any amounts to User for any unused or cancelled memberships.

Modification of These Terms and Conditions

The TSA may, in its sole discretion, modify these ACH Terms and Conditions at any time with or without notice to you. Your continued use of the Service after modification of these ACH Terms and Conditions constitutes your acceptance of those modifications.

Terms & Conditions

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