Drama Notebook
Terms of Service (TOS)
End User License Agreement (EULA)
1. TERMS OF SERVICE
Drama Notebook provides subscription access to drama curriculum materials and downloadable products for use by Individual Subscribers and Educational Organizations subject to the terms of service set out in this agreement ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Drama Notebook materials/services, you are subject to any posted guidelines or rules applicable to such materials/services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
(a)
Single user only per subscription. Individual teacher memberships to Drama Notebook are intended for use by one (1) party only. Monthly subscribers may download five to ten items per month depending on their subscription and may access the site from two computers. Members who subscribe to the three-month membership may download up to 25 titles at any time over a three-month period. Yearly subscribers are entitled to 200 downloads for a full calendar year. Lessons featured in the Drama Notebook store are not included in a Drama Notebook monthly, three-month or yearly membership. Members are not permitted to share their password under any circumstances.
(b)
Copyright Guidelines/Licenses and Fees Overview. Drama Notebook is not like a traditional play publisher. Most scripts on Drama Notebook are one credit. A few full-length plays and plays with additional learning materials are between 3 and 10 credits and are noted in the descriptions. You may make as many copies as you need for your students/cast members at no additional charge. You just can’t share them with other teachers/group leaders or post them on a publicly viewable website.
If you wish to make changes to a script, please contact the playwright. Playwright’s contact information is on page 3 of every script. If there is no playwright email listed (scene collections, etc.) you may make the changes without a permission request.
(c)
Royalties. No royalties are due when the script is used in an educational or casual setting and
no admission is charged. If admission is charged, or donations are taken at the performance(s), you must contact the playwright and inquire about potential royalties.
(d)
Rules for Using our Plays. We do have some rules for using our scripts.
1. Thank the playwrights.
If you perform one of our plays in front of an audience, either in-person or virtually, you must contact the playwright and let them know you are performing their play. If you are using one of our plays for classroom use, Reader’s Theatre, or in any other way, please take just one minute to write a quick note of appreciation to the playwright. The playwright’s contact information is on page 3 of every script.
2. Link to Drama Notebook.
Post a link to the Drama Notebook Script Library (https://www.dramanotebook.com/plays-for-kids/) anywhere on your classroom or theatre organization’s website. This is not to promote Drama Notebook. This sends a secret signal to Google that helps us stay at the top of Google searches so that teachers and parents can easily find this amazing resource.
The link needs to be clickable. This important step helps the creator of Drama Notebook save time and money on search engine optimization and helps keeps the price low for everyone. If you do not have a website, you can skip this step.
3. Share your photos.
Send us photos if you can, so that we may share on social media and with our teacher members. We will be adding photos of past productions to individual play listings to inspire you and other teachers/directors. We understand that many schools/organizations prohibit sharing photos.
(e) Group Licenses. Group License Subscriptions apply to any organization wishing to license three (3) or more Subscribers to Drama Notebook. A separate Group License Agreement shall be executed between the Organization (subscribing entity) or Educational Institution (subscribing entity) and Drama Notebook. This will include, but is not limited to the number of Users per Organization/Institution and the License Fee(s) agreed upon by both parties.
CERTAIN SUBSCRIPTION OBLIGATIONS
You agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by Drama Notebook’s subscription form ("Subscription Data"); and (b) promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Drama Notebook has reasonable grounds to suspect this, Drama Notebook has the right to suspend or terminate your account and refuse any and all current or future use of Drama Notebook (or any portion thereof), including any transition rights.
4. CANCELLATION POLICY
Membership to Drama Notebook is offered on a recurring billing basis. Subscribers may cancel at any time by logging into their account, clicking “Payment History,” and “Cancel.” Members are responsible for canceling their subscriptions in a timely fashion to avoid unwanted charges. Members who forget to cancel are not eligible for refunds for that month. Subscribers experiencing problems with the cancellation process should contact
[email protected] immediately.
5. SERVICE PROVIDER PRIVACY POLICY
Subscription Data and certain other information about you is subject to our Privacy Policy.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing Drama Notebook’s subscription process. You are responsible for maintaining their confidentiality, and for all activities that occur under your password or account. You agree to (a) immediately notify Drama Notebook of any unauthorized use of your password or account or any other breach of security, and (if applicable); and
(b) exit from your account at the end of each session. Drama Notebook, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. INDEMNITY
You agree to indemnify and hold Drama Notebook, and its suppliers’ affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Drama Notebook, your use of Drama Notebook, your connection to Drama Notebook, your violation of the TOS, or your violation of any rights of another.
END USER LICENSE AGREEMENT
This Agreement governs the terms by which Subscribers/Customers of DramaNotebook.com (DN) may use lesson plans, scripts, drama games, or other content that is made available on a subscription basis to DramaNotebook.com or purchased in the DramaNotebook.com Online Store. This License Agreement is in addition to the Terms of Service (TOS) for DN.
1. Background of Agreement
In this Agreement: (i) “Subscriber” or the “Member” or “Customer” means you or, if you are accepting on behalf of your employer or another entity, then “Subscriber” means that employer or entity and affiliates; (ii) “DN,” “RP” or “we” means Rumplestiltskin Press, the operator of the DN website; and (iii) “Content” means any lesson plan, script, study guide or other supporting materials that a Subscriber is paying to have access to or purchasing outright from the Drama Notebook Online Store.
When a Subscriber purchases and downloads any digital content from DN, the Subscriber accepts this agreement either for him/herself or on behalf of his/her employer or the entity that is identified as the buyer, and agrees to be bound by its provisions. If a Subscriber is accepting on behalf of his/her employer or someone else, he/she represents and warrants that he/she has full legal authority to bind his/her employer or such other entity.
If you do not have such authority or do not accept or agree with these terms, do not accept the Agreement and do not access the Content.
2. Standard License Terms
DN hereby grants the Subscriber(s) a perpetual, non-exclusive, non-transferable license to use the Content for the Permitted Uses (as defined below). All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by DN or the supplier/publisher of the Content, as the case may be.
3. Permitted Uses for Materials featured in the Drama Notebook Subscribers Area
Subscribers
may not use the Content in products for resale, license, or other distribution, unless the proposed use is allowable under an Extended License offered by DN or the publisher. Subscribers cannot superficially modify the Content, then distribute it or print it and sell it to others for their own consumption, reproduction, or resale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, Subscribers should contact DN. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.
4. Permitted Uses for Materials Purchased in the Online Store
Individual Customers purchasing products in the Online Store may make one (1) copy of the Content solely for backup purposes, and must reproduce all proprietary notices on this single backup copy. For clarity, Customers may not use the Content in products for resale, license, or other distribution, unless (i) the proposed use is allowable under an Extended License offered by DN or the publisher. Customers cannot superficially modify the Content, then distribute it or print it and sell it to others for their own consumption, reproduction, or resale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, Subscribers should contact DN. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.
5. Permitted Use for Materials Used in Performance
All materials on the Drama Notebook site are offered royalty-free for Educators/Educational Institutions/Youth Organization when no admission is charged. Commercial use (performance) of scripts, such as shows produced by Children’s Theater Companies for which a fee is charged,
are subject to royalty fees. Contact the publisher at
[email protected] or by phone at 503.888.0635.
6. Prohibitions
(a) Prohibited Uses. Subscribers/Customers may not do anything with the Content that is not expressly permitted in the preceding section or permitted in writing by DN. For greater certainty, the following are “Prohibited Uses” and Subscribers/Customers may not:
* use the Content in documents or other forms of media intended for resale, whether online or not, including, without limitation, websites, slide presentations, or include the Content on websites;
*share the content with other non-subscribers ie: giving lessons and scripts to other teachers or individuals who are not paying subscribers;
* incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as websites, email communications, documents, and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
* to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
* remove any notice of copyright, trademark, or other proprietary right from any place where it is on or embedded in the Content;
* sub-license, re-sell, rent, lend, assign, gift, or otherwise transfer or distribute the Content or the rights granted under this Agreement;
* install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users; and
* use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file-sharing arrangement.
7. Terms of Agreement
(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from DN if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to DN in writing that you have complied with these requirements.
(b) Upon notice from DN/RP or upon your knowledge that any Content is subject to a threatened, potential, or actual claim of infringement of another's right for which DN may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems, and storage (electronic or physical); and (iii) ensure that your clients, printers, or ISPs do likewise. DN shall provide you with replacement Content (which shall be determined by DN in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
8. DN Representations and Warranties
(a) DN warrants that (i) your use of the Content in accordance with this Agreement and in the form delivered by DN will not infringe on any copyright, moral right, trademark, or other intellectual property right and will not violate any right of privacy or right of publicity; and (ii) all necessary model or property releases for use of the Content in the manner authorized under this Agreement have been obtained.
(b) While we have made reasonable efforts to correctly categorize and explain the nature of the Content, DN does not warrant the accuracy of the information in the materials you access or purchase from DN. While DN aims to provide high-quality, effective teaching materials, use of the material can vary greatly from teacher to teacher. DN therefore makes no guarantee as to the effectiveness of the materials with any particular group/class/situation.
(c) OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 8(a), OR ANY OTHER STATED GUARANTEES FOR ANY PRODUCT YOU PURCHASE OR ACCESS FROM DN, THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DN DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT DN) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FORGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FORMAT OR FILE EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8(a), DN MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE. SUBSCRIBER/CUSTOMER FURTHER AGREES TO HOLD DN HARMLESS IN THE EVENT THAT MATERIALS CAUSE DAMAGE TO THE USER’S COMPUTER OR DATA.
9. Contact
If you have concerns or questions related to the policy for the use of any products sold via DN, or relating to this Agreement, please contact DN at
[email protected] or via phone at (503.888.0635).
10. Acknowledgment
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF DN AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DN, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DN RELATING TO THE SUBJECT OF THIS AGREEMENT.
