The Celtx Terms of Use

By using the Celtx Web site (the "Site") the Celtx Software ("Software"), the Celtx Server ("Server"), Celtx Edge ("Edge"), Celtx Team ("Team"), and/or Celtx Studios ("Studios"), collectively, "Services", you are agreeing to be bound by the following terms and conditions:

Basic Terms

  1. You are responsible for any activity that occurs under your username.
  2. You are responsible for keeping your password secure.
  3. Your use of the Services is subject to the Privacy Policy.
  4. You must not abuse, harass, threaten, impersonate or intimidate other users.
  5. You may not use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Celtx Server.
  7. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or Celtx.
  8. You must not create or submit unwanted email ("Spam") to any member of the Services.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. You must not, in the use of Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
  11. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL CELTX BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

Violation of any of these terms will result in the termination of your Celtx account. While Celtx prohibits such conduct, you understand and agree that we cannot be responsible for the content posted on any of the Services and you nonetheless may be exposed to such materials and that you use the Services at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the Services for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined by us acting in our sole discretion exercised in good faith and using common sense.
  3. The use of the Software is subject to a license agreement (the "License Agreement"). Notwithstanding anything to the contrary in this Terms of Use, where the Terms of Use and the License Agreement differ, the License Agreement shall prevail.
  4. We reserve the right to refuse service to anyone for any reason at any time.
  5. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. The Services are provided "as is" and without warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
  7. By accessing this Site, you agree that all matters relating to your use of the Services shall be governed by and construed in accordance with the laws of the Dominion of Canada, without giving effect to any principles of conflicts of law, whose Courts shall have exclusive jurisdiction to resolve all disputes arising from the use of the Services.

Copyright

  1. We claim no intellectual property rights over the material you use or create using the Software or which you publish to the Celtx Server. Your profile and any materials uploaded remain yours.
  2. By publishing material to the Celtx Server ("Materials") you agree that only you, or those to whom you provide your username and password, will have access to your Materials and you therefore agree to allow us to store them accordingly.
  3. By sharing Materials through the Celtx Server ("Shared Materials") you agree to allow other Celtx users with whom you have shared your materials to view and edit your Shared Materials and you therefore agree to allow us to display and store them accordingly.
  4. The trademarks, logos and service marks ("Marks") displayed on the Services are the property of Celtx. You are not permitted to use the Marks unless you either comply with the Logo License or have the prior written consent of Celtx.
  5. We will undertake commercially reasonable efforts to obey all relevant copyright laws. We will review claims of copyright infringement received and remove content deemed by us, acting in our sole discretion, to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
    1. a physical or electronic signature of the copyright owner or the person authorized to act on its behalf:
    2. a description of the copyrighted work claimed to have been infringed;
    3. a description of the infringing material and information reasonably sufficient to permit us to locate the material;
    4. your contact information, including your address, telephone number, and email;
    5. a sworn statement by you 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; and
    6. a sworn statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to celtx Copyright, P.O. Box 23126, St. John's, NL, A1B 4J9, Canada.