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Terms of Use

Welcome to First Act. The First Act Site, software applications, and network (collectively, "Site" or the "Services") are operated and provided by First Act ("First Act" or "we" and "us"). By accessing or using our Site, which includes our e-commerce store, you ("you" or the "User") signify that you have read, understand, and agree to be bound by these Terms of Use ("Terms of Use" or "Terms"), whether or not you are a registered member of our Site. Some Services may be subject to additional posted rules, policies and terms. The Services are intended for users who are 13 years of age or older. If you are under 13 years of age, do not use the First Act Site or Services.

Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the First Act Services.

We may change our Terms of Use from time to time. When you use these Services, you shall be subject to new or revised terms and conditions, which are incorporated into these Terms of Use (and, consequently, form part of your agreement with us). Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by any future Terms of Use, do not continue to access the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

You are responsible for all activities that occur under your account. You may be held liable for any losses incurred by First Act or another party due to someone else using your account. You may not use anyone else's account at any time.

Description of Services:

The Services include a combination of content that we create and that other content suppliers, including users like you, create. The Services may allow you to transmit and/or exchange information with other users, submit and post text on bulletin boards, photographs, video, ideas, listings, and opinions, to us or other users or third parties. First Act does not necessarily review or approve content posted by users. Downloads may be subject to separate agreement terms.

Privacy:

Please see our Privacy Policy for information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Services.

User Content:

You are solely responsible for the information, opinions, descriptions, photos, profiles, messages, videos, and all other content that you upload, publish, or display on or through the Service or the Site, or transmit to or share with other users ("User Content"). By posting User Content to any part of the Site, you automatically grant, to First Act, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, transmit, and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing.

Prohibited Content:

You represent and warrant that your User Content will not contain any material that is inaccurate, or misleading, infringes on First Act' or any third party's copyright, patent, trademark, trade secret, any other proprietary rights, rights of publicity or privacy, or violates any other law or regulation.

Prohibited content also includes that, which, in the sole discretion of First Act, is defamatory, constitutes trade libel or product disparagement, promotes racism, sexism, contains violence, is unlawfully threatening, harassing, contains hate speech, is obscene, or contains pornography.

You understand that you may not use the Services for any commercial endeavors except for those that are specifically permitted by First Act. You agree further that you will not, through your User Content, solicit personal information from anyone under 13, impersonate another user or third party, or provide personal or private information about others besides yourself, including but not limited to passwords, telephone numbers, email addresses, unauthorized or copyrighted content.

You also represent and warrant that your User Content does not contain any material that contains any computer programming routines such as "spiders", viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.

Electronic Communications:

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Rules of Conduct:

Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. You are responsible for sales, use, and similar taxes that may apply to your use of the Site and to any purchases.

In addition, you agree that you will not interfere with another user's use and enjoyment of the Services; you will not interfere with or disrupt the security measures of the Services; you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks.

Warranties and Returns:

Applicable warranties, if any, are set forth in the agreements for the applicable products.

Proprietary Rights:

All content on the Site and available through the Services, including but not limited to designs, data and databases, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, data, databases, compilations, proprietary information, and all copyrightable elements of the Site, and their selection and arrangement (the "Site Content") (excluding any of your User content ) individually and/or collectively, are the proprietary property of First Act, its users, or its licensors with rights reserved.

You are fully responsible for the content that you upload. If you post copyrighted content or use trademarks that you do not own, you are responsible for paying the respective owners for license fees, royalties, damages, penalties, attorneys' fees that may incur, and any other liability or obligation.

Claims of Copyright Infringement/Copyright Policy:

If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to First Act' designated agent along with the following information:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
A description of the copyright work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
Your number, address, telephone number, and email 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 above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
First Act' designated agent for notice of claims of copyright infringement on our Site can be reached as follows:

By Mail:

Attn: Copyright Agent
First Act Inc
745 Boylston Street, 3rd Floor
Boston, MA 02116
By email:
info@firstact.com
Please note that this contact information is only for reporting claims of copyright infringement. Any other inquiries reported through this process will not be guaranteed a response.

Third Party Content:

Our Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, and other content or items belonging to or originating from third parties ("Third Party Applications or Content"). Such Third Party Sites and Third Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through our Site or any Third Party Applications or Content posted on, available through or installed from our Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications or Content does not imply approval or endorsement thereof by us.

Termination:

These Terms of Use shall remain in full force and effect while you use the First Act Site. First Act may restrict, suspend, or terminate your access to all or any part of our Site at any time and for any reason. These Terms of Service will remain in effect even after your membership is terminated.

First Act also has the right to refuse, move, or remove any material that you submit on or through the Services, and to establish general practices and limits concerning use of the Services.

Indemnification:

You hereby agree to indemnify, defend, and hold First Act, its subsidiaries, affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (the "Parties"), harmless from and against any and all liability, losses, expenses, damages, and costs, including attorneys' fees, incurred by any of the Parties in connection with any claim arising out of or relating to your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit, or make available through the Services, your violation or breach of any of these Terms, your connection to the Services, or your violation of the rights of any other person or entity.

Risk of Loss

All items purchased from First Act are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Warranty Disclaimers:

YOU AGREE THAT YOUR USE OF THE SERVICES AND THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, FIRST ACT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. FIRST ACT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF FIRST ACT' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF FIRST ACT' SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF FIRST ACT' SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES MADE AVAILABLE VIA THE SITE.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Liability:

IN NO EVENT WILL FIRST ACT OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SITE, EVEN IF FIRST ACT OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY TO YOU OF FIRST ACT AND ANY OTHER PARTY EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION OF LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.

Export Restrictions:

You may not use or otherwise export or re-export the content except as authorized by United States law and the laws of the jurisdiction in which the content was obtained. In particular, but without limitation, the content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the content, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Choice of Law and Forum:

These Terms of Use shall be controlled by the laws of the Commonwealth of Massachusetts, giving no effect to choice of law provisions. Any dispute relating to these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts in Boston, Massachusetts, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

Waiver and Severability of Terms:

The failure of First Act to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions of the Terms of Use remain in full force and effect.

Assignment:

These Terms of Use and our rights hereunder may be assigned, in whole or in part, by First Act or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights hereunder.

Entire Agreement:

These Terms of Use, including the policies referred to in these Terms of Use, constitute the entire agreement between you and First Act and govern your use of the Services, superseding any prior agreements between you and First Act. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other First Act Services, affiliate Services, or Third-Party Applications or Content. These Terms of Use cannot be changed or terminated orally.

Notice:

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting First Act at: First Act Inc, 745 Boylston Street, 3rd Floor, Boston, MA 02116. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.