Terms of service

Last updated and posted on 25 October 2015
  1. Definitions

    In these Terms of Service, the following words shall have the following meanings:

    1. "Content" means any piece of content or information that is uploaded or otherwise submitted by You to TreePress via the Website or otherwise in accordance with these Terms of Service, in particular, scripts of plays and related text, photos, sounds, music, videos, audiovisual combinations, graphics, software and any interactive or other connected features.
    2. “Service” means the marketplace that TreePress provides for listing and promoting Submissions via the Website, including all features and functionalities of the Website, together with all content and software associated with such service.
    3. “Submission” means any scripts that You are willing to sell and market to schools, teachers, community theatre groups and any other person in need of a script for a large cast, that You have submitted to TreePress via the Website, or in hardcopy in accordance with clause 3.1.
    4. “TreePress” means TreePress Creates Ltd, whose principal place of business is at Makerversity, Somerset House, London WC2R 1LA, UK.
    5. “Website” means http://www.treepress.org
    6. “You” means the person that makes a Submission.
  2. General obligations
    1. These Terms of Service govern the legal agreement between TreePress and You.
    2. With each Submission to TreePress, You form a legally binding agreement between You and TreePress in relation to your use of the Service. It is therefore important that You take the time to read these Terms of Service carefully.
    3. In order to use the Service, You must firstly agree to these Terms of Service. You can accept these Terms of Service by simply using the Service and You acknowledge that TreePress will treat your use of the Service as acceptance of these Terms of Service from that point onwards. You shall not use the Service if You do not accept these Terms of Service.
    4. TreePress will remove all Content that infringes copyright or other intellectual property rights as soon as reasonably practicable after it receives notice or is made otherwise aware of the infringing nature of the Content. Notice can be submitted to the email address provided on the Website.
    5. You should print off or save a local copy of these Terms of Service for your records.
    6. “You” means the person that makes a Submission.
  3. Submission obligations
    1. TreePress strongly encourages Submissions by electronic means. However, if the Submission is not available in an electronic format, You shall send a hardcopy of the Submission to TreePress at 102 Replingham Road, London, SW18 5LN, UK, along with the Submission’s genre, duration, cast, size, synopsis, year of creation, a description of any adult content, any awards and productions the Submission has garnered, your full contact information and a brief biography.
    2. You shall ensure that the Submission contains the complete play.
    3. TreePress will not accept screenplays as part of the Submission; Submissions are limited to theatre play scripts.
    4. The Submission must not include materials that You are not permitted to use or share.
    5. The Submission must not have been previously published as part of an exclusive arrangement. If You are unsure, please contact TreePress before submitting (by emailing hello@treepress.org).
    6. In the event that a publishing house formally publishes the Submission, You shall ensure that You have permission from your publisher to list the Submission for sale on TreePress. If your publisher or You have any questions, please contact TreePress.
    7. While TreePress does not insist on one particular Submission format, your Submission should be clearly formatted and easily-readable.
  4. Responsibilities and warranties
    1. At all times, You retain full ownership of the Submission. TreePress shall not own or obtain copyright or ownership of any Submission.
    2. You represent and warrant that: (i) the Submission does not infringe upon any third party’s copyright or other intellectual property right, (ii) the Submission is original to You, and was created and/or written solely by You or alternatively, You have the right to share the Submission in accordance with the Service, and (iii) your Submission is not defamatory or unlawful.
    3. You agree to indemnify and keep TreePress indemnified from and against all and any claims, costs, damages, expenses, actions suffered or incurred by TreePress arising out of any breach of the warranty in clause 4.2 above.
    4. You acknowledge that other persons, including without limitation, TreePress personnel, may have independently originated and submitted to TreePress and others material that may be similar or substantially identical to the material You are submitting to TreePress, and may in the future originate and submit such material, or make it public. You agree that You have no right, title, and/or interest in such independently originated material.
    5. You agree that You will not provide to TreePress any material You deem to be confidential or trade secret material.
  5. Grant of rights
    1. You hereby grant TreePress (and others acting on its behalf) the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable right to:
      1. perform and market the Submission, by copying and communicating the Submission (such rights to include the associated rights related to recording, music and photography);
      2. use your trade marks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trade marks”) in communicating with the public;
      3. use the Submission, Content and Trade marks in such a way as to allow the full use of the Service and the Website for its users and TreePress, including the right to host, display, stream, transmit, download and otherwise use all uploaded information; and
      4. allow Website users to:
        1. read a part of the Submission;
        2. purchase a reading copy of the Submission;
        3. purchase the right to perform, show or play the Submission, Content and Trade marks in public;
        4. purchase the right to photocopy the Submission; and
        5. purchase the right to record these performances in any form;
    2. The foregoing rights granted to TreePress do not affect your ownership or licence rights in your Submission, including the right to grant additional licences to the Submission, or to market and sell the Submission to third parties.
    3. The commercial rights granted to TreePress herein are limited to the marketing of the Service and the Website and the features of TreePress as set forth in the preceding clauses.
    4. In no event shall TreePress sell your Submissions or market your Submissions for sale other than via the Website.
    5. You acknowledge and consent that the Submission, together with your name and other information, which You provide and which might identify You, will be publicly accessible in association with your Submission. By the act of Submission You publish this information. [Please refer to TreePress’ Privacy Policy for further information on how TreePress collects and processes Your personal data http://www.treepress.org/pages/privacy/
    6. If You are not the author or copyright owner of the Submission or any of the Content, You must ensure that all relevant legal and contractual requirements are fully satisfied. In particular, for any submitted production photos, You will need to ensure that You have the correct permissions required to use and share such photos. You will pay all royalties and other amounts owed to any person or entity based on your Submission to the Website or TreePress publishing such Submissions, as contemplated by these Terms of Service.
    7. TreePress shall have the right to delete, reformat, excerpt, or translate any of your Submissions. Where TreePress makes any edits or modifications, TreePress will do so in consultation and agreement with You.
    8. You are solely responsible for all information that You publicly post or privately transmit through the Website.
    9. TreePress will not be liable for any errors or omissions in any Content or other information uploaded to the Website.
    10. TreePress cannot guarantee the identity of any other users with whom You may interact while using the website.
  6. Payments
    1. TreePress runs a commission-based business model with annual subscriptions (“Subscription Fees”) that provide users with access to more features and lower rates.
    2. Your costs for using the Service can be found on our pricing page

      All Subscription Fees quoted by TreePress will include VAT (where applicable) at the current rate chargeable in the UK.

    3. After deduction of the commission, TreePress will transfer the sales profit from the previous calendar month to the bank account You provide.
  7. Termination
    1. These Terms of Service will continue to apply until terminated by either You or TreePress as set out in this clause 7.
    2. If You want to terminate your legal agreement with TreePress, You may do so by (i) notifying TreePress at any time, and (ii) closing your TreePress account. Your notice should be sent, in writing, to hello@treepress.org or ATTN: Account Closure - c/o TreePress, 102 Replingham Road, London, SW18 5LN, UK.
    3. Once your notice of termination is received by TreePress, the legal agreement between You and TreePress will come to an end. TreePress will not continue to market and sell your Submissions and You will not receive any profit.
    4. TreePress may at any time terminate its legal agreement with You if:
      1. You have breached any provision of these Terms of Service (or have acted in a manner which clearly shows that You do not intend to, or are unable to comply with the provisions of these Terms of Service);
      2. TreePress is required to do so by law (for example, where the provision of the Service to You is, or becomes, unlawful);
      3. TreePress stops providing the Service to users in the country in which You are resident or from which You use the Service; or
      4. the provision of the Service to You by TreePress is, in TreePress’ opinion, no longer commercially viable.
      5. In the case of each of (c) and (d) of this clause 7.4 TreePress shall, where possible, give reasonable notice of such termination.

    5. All outstanding payments, liabilities or rights and obligations which are expressed to continue indefinitely, as well as any provisions within these Terms of Services which, by their nature, continue indefinitely, shall be unaffected by any termination.
  8. Limitation of liability
    1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.
    2. TreePress shall not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. use of, or inability to use, the Service;
      2. loss of profits, sales, business, or revenue;
      3. business interruption;
      4. loss of anticipated savings;
      5. loss of business opportunity, goodwill or reputation; or
      6. any indirect or consequential loss or damage.
    3. TreePress does not in any way exclude or limit its liability for:
      1. death or personal injury caused by its negligence;
      2. fraud or fraudulent misrepresentation; or
      3. otherwise, to the extent that such exclusion or limitation is not permitted by applicable law.
    4. Subject to clauses 8.1 to 8.3 above, TreePress’ total liability to You in respect of all other losses arising under or in connection with the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances be more than the total amount of Subscription Fees paid by You over the previous 12 months.
  9. Communication from TreePress
    1. Once a Submission is received by TreePress, You will be contacted via email with confirmation of receipt.
    2. If You have not received any contact within 48 hours, please follow up with TreePress to confirm.
    3. At any time, please feel free to get in touch with the TreePress team with any questions or requirements You may have.
    4. The Submission will become publicly accessible not later than 48 hours after it has been reviewed and accepted by TreePress.
  10. Change to terms of service
    1. TreePress reserves the right to make any changes to these Terms of Service that it considers are reasonable or necessary, including any changes to the functionality of the Service. You should look at these Terms of Service regularly to check for such changes.
    2. If You disagree with the changes, You must stop using the Service and terminate the legal agreement with TreePress in accordance with clause 7.2. Your continued use of the Service will constitute your acceptance of the changes. If there are changes regarding payments (as set out in clause 6 above), TreePress will notify You in advance of these changes and give You the right to accept or reject these changes.
  11. Other important terms
    1. TreePress may transfer its rights and obligations under these Terms of Service to another organisation, but this will not affect your rights or our obligations.
    2. This contract is between You and TreePress. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    3. Each of the clauses of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
    4. If TreePress fails to insist that You perform any of Your obligations under these Terms of Service, or if TreePress does not enforce its rights against You, or if TreePress delay in doing so, that will not mean that TreePress has waived its rights against You and will not mean that You do not have to comply with those obligations. If TreePress does waive a default by You, TreePress will only do so in writing, and that will not mean that TreePress will automatically waive any later default by You.
    5. These Terms of Service are governed by English law. This means the Service and any dispute or claim arising out of or in connection with it will be governed by English law. You and TreePress both agree that the courts of England and Wales will have exclusive jurisdiction.
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