We may update these Terms from time to time and such changes will become applicable to you if you continue to use the Platform at any time after such changes are posted. If a material change is made, we will notify you through the Platform. Read through any changes, and if you do not agree to them, please stop using the Platform. Additional terms and conditions may apply to specific products or your use of certain portions of the Platform. These additional terms are also legally binding.

Spectra provides users with access to various theatrical materials and associated information, while also allowing users to search across various theatrical titles such as musicals, dramas, operas, comedies, and musical concerts (“Plays”), producing organizations such as studios, theaters, and educational programs (“Communities”) and various performance spaces such as playhouses, arts centers, schools, and churches (“Venues”). Through the Platform, you are able to view various materials, including but not limited to, photos, films, tapes, audio and/or visual recordings, movies, clips, programs, documents, and other related materials (“Materials”). “Materials” also includes any other materials or information that: (i) are provided to Spectra or that Spectra otherwise obtains in connection with these Terms; or (ii) is created, collected or processed by Spectra in connection with these Terms. As part of the Services, Spectra will organize and digitize such Materials (“Digitized Materials”). Spectra may save and/or upload the Digitized Materials to any server, database, website, program or cloud service used by or for the benefit of Spectra.

You must register for an account (“Account”) on the Platform. When registering for an Account, you agree that all information you provide to us will be accurate, truthful, current and complete. Only one Account is permitted per user.

To create an Account, you must meet the following requirements:

You are at least 13 years of age;

You do not have more than one Account on the Platform;

You have a direct relationship with a Studio featured on the Platform; and

You have not previously been removed from the Platform by us, unless you have our express written permission to create a new Account.

If at any time you cease to meet these requirements, we retain the right to remove your Account or access to our Platform without warning.

Account Restrictions and Passwords.
To access the Platform you will be asked to provide us with certain registration information. You agree to provide correct, current, and complete information. You are solely responsible for maintaining the confidentiality of any password you create on the Platform. You should never share your password with third parties. If you believe that someone has gained access to your Account, you should notify us immediately at info@spectramediacollective.com. Unless expressly permitted in writing by Spectra, you may not sell, rent, lease, share, or provide access to your Account to anyone else. Spectra reserves all available legal rights and remedies to prevent unauthorized use of and access to the Platform.

Account Termination.
We reserve the right to terminate your Account for any reason, at any time, at our sole discretion. For example, we may suspend or terminate your Account if we suspect you do not meet the eligibility requirements, become aware of any suspicious activity, or we believe the use of your Account violates these Terms or any applicable law. We may require you to verify your eligibility at any time. You acknowledge and agree that you will provide such information upon our request in order to continue to use the Platform. If your Account is terminated by you or Spectra for any reason, these Terms continue and remain enforceable between you and Spectra. Your information will be maintained and deleted in accordance with our Privacy Policy.

Closing Your Account.
You may deactivate your Account at any time. To do so, please explicitly delete your Account. We reserve the right to modify or terminate the Platform, your Account, or your access to the Platform for any reason, without notice, at any time and without liability to you. If we terminate your access to the Platform or you deactivate your Account, the data you have provided will no longer be accessible through your Account, but those materials and information may persist and appear within the Platform. We also may terminate or suspend your participation on the Platform, at our sole discretion.

If we decide to suspend, terminate or otherwise close your Account, you may not reactivate your Account or register for another Account unless we provide you with our prior written consent.

Our Privacy Policy at  www.thespectracollection.com/privacy explains what information may be collected through the Platform, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities.

When you create an Account or otherwise use the Platform, you acknowledge and agree that:

You are solely responsible for obtaining and maintaining all telephone, computer hardware, software, accessories, and other equipment needed for you to access and to use the Platform.

You will treat others with respect (including when communicating with any Spectra representatives or other employees).

You will not impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Platform; or perform any other similar fraudulent activity.

You will not use the Platform for any harmful, illegal, nefarious, or untoward purpose.

You will not use or attempt to use any cheats, bots, automation software, hacks, or any third-party software designed to interfere with the Platform.

You will not solicit, collect, use, or attempt to use the Account login credentials of any other user.

You will not defame, stalk, bully, spam, abuse, harass, threaten, impersonate, or intimidate anyone on the Platform, and you must not stream, broadcast or post or otherwise use information via the Platform that may lead to violations of intellectual property or data privacy laws.

You will not interfere or disrupt the Platform or its servers or networks connected to the Platform including by transmitting any worms, viruses, spyware, malware, malicious code, or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with how any Spectra page is rendered or displayed in a browser or on a device.

You will not crawl, scrape, cache, or otherwise access any content or information on the Platform via automated means.

You will not create an Account through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper. Should you use any automatic, macro, program, or similar method, or otherwise commit fraud with regard to the Platform, Spectra reserves the right to pursue legal action against you.

You will not attempt to indicate in any manner, without our prior written permission, that you have a relationship with Spectra or that we have endorsed you or any products or services for any purpose.

You will not use the Platform for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

You will not transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content).

You will not transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity).

We reserve the right to refuse access to the Platform to you, for any reason at any time, at our sole discretion.

All text, images, photographs, graphics, user interface, and other content provided on the Platform, the “look and feel” of such content, and the selection, coordination, and arrangement of such content, are owned by Spectra or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Spectra also holds rights in the contents on the Platform as a compilation or collective work. Any downloadable or printable programs, information, or materials available through the Platform and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Spectra and/or its licensors or suppliers.

Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, nontransferable, non-sublicensable, non-assignable, revocable license to access and use the Platform for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Platform or any content thereof. The license granted to you herein may be terminated by Spectra at any time, in its sole discretion. All rights not expressly granted in these Terms are hereby expressly reserved by Spectra and/or its licensors.

Nothing stated or implied on the Platform confers on you any further license or right under any copyright of Spectra or any third party. The Platform, Materials, Digitized Materials and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Platform, or use the contents of the Platform in litigation, or for any commercial or promotional purposes, without the express written consent of Spectra or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.

All trademarks, service marks, and trade names are trademarks or registered trademarks of Spectra Collective LLC, or other owners that have granted Spectra a license to use such marks. You must not use such marks without express prior written consent of the applicable owner.

You will agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Materials on the Platform.

Feedback.
If you provide us with any ideas, proposals, suggestions or other materials relating to the Platform or any other Spectra products or services, Spectra may use the feedback in any manner for any purpose without restriction or compensation to you.

Spectra respects the intellectual property of others. When we become aware of allegations of copyright infringement in material distributed through the Platform, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.

You acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Spectra terminates or suspends a user’s access to or use of the Platform, Spectra will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Spectra policy to document all notices of alleged infringement upon which Spectra decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.

If you believe that your work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, please provide Spectra’s Copyright Agent with the following information:

Identification of the copyrighted work claimed to have been infringed;

Identification of the allegedly infringing material on the Platform that is requested to be removed;

Your name, address, and daytime telephone number, and an e-mail address if available, so that Spectra may contact you, if necessary;

A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and

An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Spectra’s Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:Counter notification, as permitted by applicable law, may be sent to Spectra’s Copyright Agent. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.

You shall indemnify, defend (at our election), and hold harmless us, our licensors, licensees and affiliates, and the managers, members, directors, officers, employees, contractors, agents, and representatives of each of the foregoing, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, caused by or resulting from: (a) your submission of Materials; (b) your breach of any representation, warranty, or covenant of this Agreement; (c) any activity related to your use of the Platform, including, without limitation, negligent or wrongful conduct; or (d) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

Spectra reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

By providing your Materials to us, you represent and warrant that: (a) no Materials submitted to Spectra are submitted in violation of any copyright, trademark, intellectual property, or other laws; (b) any Materials submitted were either created by you or you own or control all rights under the Materials License granted to Spectra hereunder; (c) the consent of no third party is necessary to grant the rights to Spectra to use the Materials in the manner permitted by the Materials License and (d) no Materials submitted are libelous, obscene, offensive, threatening, defamatory, abusive, hateful, or otherwise violate state or federal law or the rights of a third party.

Spectra does not have a duty to monitor or inspect the contents or subject of the Materials; however, if Spectra discovers that the transmission of the Materials to us, the content of such Materials, and/or your specific request for the Services with regard to such information within the Materials violates state and/or federal law, Spectra will take any and all steps necessary to comply with its own obligations under applicable law, including, but not limited to, reporting to and complying with relevant authorities.

THE SERVICES, AND DIGITIZED MATERIALS ARE PROVIDED BY SPECTRA ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE RELEASED PARTIES (AS DEFINED BELOW), HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SERVICES, THE DIGITIZED MATERIALS, AND/OR ANY OTHER SERVICES OR PRODUCTS THAT WE PROVIDE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY SERVICES, DIGITIZED MATERIALS, OR OTHER PRODUCTS AND SERVICES THAT WE PROVIDE. WE DO NOT WARRANT THAT THE SERVICES, DIGITIZED MATERIALS, OR OTHER PRODUCTS AND SERVICES WILL BE COMPLETE, WITHOUT DEFECT, ACCURATE, INTACT, UNDAMAGED, ERROR-FREE, OR VIRUS-FREE.

TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

YOU UNDERSTAND THAT THERE IS INHERENT RISK IN SUBMITTING YOUR MATERIALS TO SPECTRA, AND YOU RECOGNIZE THAT YOU MAY NOT RECEIVE YOUR MATERIALS BACK, AND/OR YOU MAY NOT RECEIVE YOUR MATERIALS BACK IN THE SAME CONDITION THAT THEY WERE SENT TO US. BY PROVIDING YOUR MATERIALS TO US, YOU ACCEPT THIS RISK.

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SPECTRA, TOGETHER WITH ITS AFFILIATES AND THE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES OF EACH OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SERVICES AND YOUR RECEIPT OF THE MATERIALS AND DIGITIZED MATERIALS.

IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE MATERIALS, THE DIGITIZED MATERIALS, AND ANY OTHER SERVICES OR PRODUCTS PROVIDED BY OR ON BEHALF OF SPECTRA, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, CLINICAL OUTCOMES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

Any dispute or claim relating in any way to your use of the Services or the use of the Platform by you or users granted access by you or otherwise affiliated with you shall be resolved by binding arbitration as described below rather than in court. You agree that the arbitration will occur before a single arbitrator. You also agree that both parties will be responsible for their own costs and attorney’s fees, unless the claim is frivolous, in which case the arbitrator shall award attorney’s fees. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award the same damages and relief as a court on an individual basis, and an arbitrator will follow and apply the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Spectra Media Collective LLC, Attn: ARBITRATION, c/o Harvard Business Services, 16192 Coastal Highway, Lewes, Delaware 19958. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

You agree that, if possible under all relevant rules, the arbitration will occur in the State of New York, in New York City, or as close to it as possible.

You and Spectra both agree that any dispute resolution proceedings, whether judicial or arbitrated, will be conducted only on an individual basis, and not in a class nor any other consolidated or representative action.

YOU AND SPECTRA BOTH HEREBY EXPRESSLY WAIVE THE RIGHT(S) TO BRING CLAIM(S) AGAINST THE OTHER AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION(S), OR ANY SIMILAR PROCEEDING IN WHICH SOMEONE IS ACTING IN A REPRESENTATIVE CAPACITY OVER MULTIPLE PARTIES.

The Platform may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. Spectra has no control over, and is not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites.

You are solely responsible for determining the extent to which you use any content at any third-party websites to which you might link from the Platform. SPECTRA IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

We will not be liable for any loss or damage caused by any kind of distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or to your downloading of any material posted on it, or on any third-party website linked to it. Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.

This Agreement shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to its conflicts of laws principles, and the parties agree that jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal, state or local courts within the State of New York.

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Spectra.

If any loss, damage, delay, or non-performance is a result of acts of God, or natural disaster or catastrophe; pandemic, virus, plague, disease, or quarantine; war, invasion, other hostilities (including acts of terrorism), rebellion, or any other materially disruptive military or political event; embargo or labor dispute; power failures or other disruptions to services and utilities on which Spectra relies; or any other unforeseen and external occurrence for which Spectra is not responsible and could not predict that is required for the performance of its obligations, then Spectra will not be not be liable for any such loss, damage, delay, or non-performance of services to the full extent excused under applicable law.

Your rights and obligations under this Agreement are not assignable, delegable or sublicensable to any third party (neither voluntarily or by operation of law) without the prior written consent of Spectra. Any purported assignment, delegation, or sublicense by you without Spectra’s written consent will be null and void and of no force or legal effect.

If any provision of this Agreement shall be adjudicated by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and the other provisions shall be unaffected.

These Terms set forth the entire agreement between the parties hereto with respect to the subject matter hereof. No modification, amendment, waiver, termination, or discharge of this Agreement shall be binding upon either party unless confirmed by a written instrument signed by authorized signatories of both parties. A waiver by either party of any term or condition of this Agreement in any instance shall not be deemed or construed a waiver of such term or condition for the future, or of any subsequent breach of any such term or condition. Should any provision of this Agreement be adjudicated by a court of competent jurisdiction as void, invalid, unenforceable or inoperative, the remainder of this Agreement shall be effective as though such void, invalid, unenforceable or inoperative provision had not been contained herein. This Agreement will inure to the benefit of and will be binding upon the parties’ respective affiliates, successors, licensees, assigns, heirs and representatives.

We may update and post revisions to these Terms from time to time and will updated the Effective Date when we do so. We encourage you to review this page for the latest information about our Terms of Use.

If you have any questions or concerns about these Terms of Use, please contact us by email at  info@spectramediacollective.com.