1.1. Welcome to WTDir.com (hereinafter ‘WTDir’), a platform, owned and operated by Default Ink Limited, a company registered in England and Wales with company number 10000465 (also referred as ‘we’ or ‘us’). WTDir is a platform that allows users to access and share information, materials and other content focusing on theatre, opera, dance and performing arts to communicate and/or connect with us and others and create their own networks. The services offered by WTDir include information, materials, functions, features, content and applications and all related software applications including any updates, new versions or new releases thereof (hereinafter ‘ the Services).
1.2. WTDir has the following types of users (collectively referred as ‘Users’or ‘you’):
Subscription / Pro Users : Subject to article 3 and provided he is already Registered, a Pro User may further to the benefits of Registered Users: a) create unlimited number of Productions at will b) edit Productions c) claim ownership on a unique entity-page provided the User is linked to it in some way, otherwise the User should ‘Set it Free’ immediately. A micropage refers to a set of information regarding one component/page of a Production, indicatively talent, theatre, theatre company or play page, in order to promote oneself to industry professionals and more specific for you information (hereinafter “the Entity page”). In the event the Pro User wishes to claim more than one Entity page and subject to par. 5.6. below, they may contact us via the ‘Help’ or ‘Contact Us’ buttons; d) claim unlimited number of Entitypages referring exclusively either to plays or libretto provided the Pro User is the creator or the rightsholder thereof. WTDir may ask for proof of concept or other documentation, evidence or reasoning; e) create a Entitypage to claim in case their talent, theatre, theatre company, play or libretto is not represented and therefore cannot be claimed by creating a Production; f) edit allEntitypages claimed and upload additional information; g) view all extra information added by third Pro Users to their Entitypages; h) add relevant awards to any productions ; c) create a favorites page (“My Stage”). The Pro user can also (as the Registered user) post reviews on production pages. A production page refers to a set of information regarding a valid performing production somewhere in the world (hereinafter “the Production”). Productions are subject to WTDir’s approval. WTDir reserves the right to correct, amend and take down information that is not correct; .
1.4. Any modifications shall be effective upon publication by us. Your continued use of WTDir after we post the revised ToU signifies your acceptance of the revised ToU. Substantial changes will be communicated to all users via email, while Users may communicate with us at [email protected] for any related inquiry.
2.1. Registered and Pro Users need to register by creating a username and a password for login and to get access to relevant Services.
3.1. At the time of registration, Users are entitled to a free trial according to their subscription plan. After the free trial period Users may opt in among our various subscription offers, as below, by paying with credit card.
3.2. Your bank, building society or credit card provider may charge you additional fees. WTDir does not accept responsibility for any extra charges / additional fees. WTDir does not accept responsibility for any extra charges additional fees charged by your bank, building society or credit card provider
3.3. We may change our subscription prices at all times subject to prior notice via email or relevant announcement on WTDir.
3.4. Your subscription on WTDir is automatically renewed at the end of the subscription period for a period of identical length unless the user indicates a desire to un-subscribe to the service. He or she can do this simply either by clicking on Cancel button in your account page or by contacting us. If you choose to unsubscribe we shall end your subscription within 24 hours. Please note that unsubscribing to WTDir before the end of the contractual subscription period does not entail a reimbursement of the period remaining until the end of the contractual subscription period.
4. WTDir CONTENT
4.1. All content available such as text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade name, trade dress, logos, artwork, information, data, databases and metadata thereof, software and source code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on WTDir is owned, controlled or licensed by or to Us, We retain all rights, title and interest in and to the Content and any portion thereof and it is protected by the laws of England and Wales, european and international copyright (including sui generis database rights), patent and trademark laws, trade secret, other intellectual property rights and unfair competition laws. The Content is provided ‘as is’ for your information and personal use according to the present ToU.
4.3. Any business use of the Content, especially for database development and/or restoring of any information related to the Content beyond private, non-commercial use is expressly not permitted.
5. USER CONTENT / CLAIMED ENTITY PAGES
5.1. User Content means the text, graphics, ideas, concepts, pitches, suggestions, reviews, stories, treatments, formats, artwork, photographs, drawings, usernames, profiles, actions, appearances, interactions with WTDir, other biographical information or material, other similar materials that You create through User’s profile, ENTITY pages and shares from WTDir to other social networks like Twitter, Facebook, Google+ or via email, performances, other similar materials that you create through the Services, and/or if you operate a site/blog external to WTDir, comment on a site/blog external to WTDir, post material and/or links on WTDir, subject to article 6 below. Except as otherwise provided, Productions as content are public information.
5.3. By making available any User Content through WTDir and Services, you hereby grant to us a worldwide, non-exclusive, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), host, store, cache, modify, distribute, publicly or otherwise display, publicly or otherwise perform, transmit, stream, broadcast, make available, communicate to the public, and otherwise use and exploit (collectively, “ Use”) such User Content only on, through or by means of WTDir and the Services. You also agree that this license includes the right for WTDir to make all publicly-posted and or publicly available User Content available to third parties selected by WTDir, so that those third parties can distribute and/or analyse User Content on other media and services.
5.4. Claimed Entity pages : WTDir allows the Pro User to claim their Entity page as a theatre practitioner in any line of work on stage or backstage. Your WTDir membership allows you to claim your talent page to promote yourself to industry professionals and add more specific to you information. If your talent Entity page does not exist, it can be created by adding a valid Production that includes your name by following the «add Production» link. Once you have claimed your talent Entity page, you may add information such as physical details including general appearance, skills and notes added to your Entity page by you, photographs with photographer’s credit, showreels and voice-clips, agent or other contact details. This information may be accessed by other Pro Users.
5.5. Your Name : In the event that more than one person or theatre shares the same name across the industry, a latin numerical [I] will be added next to that name. That will be by chronological order that talent Entity pages will be created in accordance to Production page added. WTDir reserves the right to alter the numerical sequence of the talent Entity page, based on popularity and ranking criteria.
5.7. Without limiting any of the above representations or warranties, WTDir reserves the right in its sole discretion to a) refuse or remove any User Content (Productions, Entity pages, or reviews included) that in WTDir’s reasonable opinion violates any WTDir’s rights or is in any way harmful or objectionable or b) terminate or deny access to and use of WTDir and the Services to any individual or entity for any reason in WTDir’s sole discretion.
6.1. WTDir contains links to other independent non-affiliated third-party websites and you may be able to access, review, display or use third party services, resources, content or information (“External Sites”). We also participate in joint marketing and other service offerings with third parties and our website contains links to third-party sites (‘Third Parties’) or offer our API to third parties under a specific license. Such Τhird Parties may provide you with an opportunity to install Our application or to use Our Technologies from or through their websites. The Third Parties that contract with us are independent, and are not our agents. Such External Sites and Third Parties are not under Our control, and We are not responsible for and do not endorse the content of such External Sites and Third Parties, including any information or materials contained on such External Sites and Third Parties. The videos, articles and other content made available on or by External Sites and Third Parties may be protected by copyright and other applicable laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder. You agree that you will not use any External Site’s and/or Third Parties’ content or materials in a manner that would infringe or violate the rights (intellectual property rights, privacy rights or other legal rights of any kind) of any other party and that we are not in any way responsible for any such use by you. If notified that any User has posted, shared or saved any information or materials which allegedly do not conform to the ToU, we may in our sole discretion investigate the allegation and determine whether to take action, including, but not limited to, whether to remove or request the removal of the information or materials posted, shared or saved by a user. We also reserve the right to terminate the account of any User who transfers or saves content in violation of the ToU. We shall have no liability or responsibility for any such actions. You may be subject to civil and criminal penalties, including without limitation monetary damages, if you violate the ToU or infringe any third party’s legal rights.
6.2. By using WTDir and the Services to find material on the Internet, you instruct WTDir to display portions of the data sources that you have selected. You will need to apply Your own independent judgment regarding Your interaction with these External Sites and/or Third Parties. You assume sole responsibility and risk arising from your access to, use of or reliance upon any such External Sites and/or Third Parties, and WTDir disclaims any liability that you may incur arising from your access to, use of or reliance upon such External Sites and/or Third Parties via a WTDir Service. You acknowledge and agree that WTDir: (a) is not responsible for the availability or accuracy of such External Sites and Third Parties or the products or services on or available from such External Sites and/or Third Parties; (b) has no liability toward you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such External Sites and/or Third Parties; and (c) does not make any promises to remove External Sites and/or Third Parties from being accessed through the Services.
7. USER OBLIGATIONS
7.1. The following are just examples of the kind of conduct that is illegal or prohibited on WTDir and/or the Services, that: a) is defamatory, harassing, threatening, or an invasion of a right of privacy of another person, otherwise harms or can reasonably be expected to harm any person or entity;b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; c) solicits or is designed to solicit personal information from anyone under 18; d) contains a virus or other harmful component, or otherwise tampers with, impairs or damages WTDir or any connected network, or otherwise interferes with any person or entity's use or enjoyment of WTDir; e) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet; f) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; g) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; h) using WTDir and/or Services in a manner inconsistent with any and all applicable law; i) damages WTDir or any User or any third party by promoting false, fake or misleading information about WTDir; k) access, tamper with, or use non-public areas of WTDir and the Services, or the computer or delivery systems of WTDir and/or its service providers. If any of the above applies, WTDir reserves the right to exercise any legal and/or judicial act.
7.2. Users who create an account agree to maintain and update true, accurate, current and complete information about themselves as prompted by our registration processes (the "Registration Data"). We expressly state that no Registration Data will be disclosed to any third party, whatsoever. You also agree to promptly notify us at [email protected] of any unauthorised use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to WTDir. You are entirely responsible for maintaining the confidentiality of Your registration information including Your password and for any and all activity that occurs under Your registration as a result of Your failing to keep this information secure and confidential. We cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
8.1. Default Ink Ltd is a company registered in England and Wales with company number 10000465. We are registered as a data controller with the Information Commissioner’s Office, registration number ZA172816.
8.2. User’s personal data handling and protection is governed under the terms hereof, the provisions of the Data Protection Act 1988, as well as decisions of Data Protection Authorities and on the free movement of such data.
8.3. When you register on WTDir or when you otherwise update your registration or Entity page details, we collect personal information. We reserve the right to store and process the above personal data solely to: a) monitor, develop and improve WTDir and the Services; b) investigate complaints and conduct risk assessments; c) manage actual or potential business transactions (eg. in the case of an acquisition); d) marketing communication subject to your prior written consent; If You recommend a friend to us for our Services we may contact such friend as well, using contact details provided by you in order to enquire whether they are interested in our Services.
8.4. Personal data under ToU shall mean any User personal identifiable information or any User contact information such as a valid email address, username and password, user profile, IP address, all information, required or optional, you enter on WTDir or give us in any other way, public social data (facebook posts, comments, photos, tweets etc) etc but no sensitive data whatsoever unless publicly available (eg text, photos etc in your profile) or directly relevant or incidental available to the provision of our Services, that reveals.
8.4.2. In the event you choose to subscribe in our paid subscription service, you shall be asked to provide credit card or other payment information. This information shall be retained for the sole purpose of administering your account. In your payment, details will be collected and used by our third party provider for administering payments on our behalf. We may access such details to address any queries or confirm payments.
8.4.3. We also collect information if you contact us for support or help, submit an application or otherwise communicate with us.
(collectively hereinafter ‘PII’). You acknowledge hereby that PII collection is essential to enable us improve our Services and You explicitly provide WTDir Your specific and informed consent to collect, store, process etc. Where we collect personal data from you relating to other individuals (such as your stuff or if you are an agent, your candidates whom you represent), it is your responsibility to ensure such individuals are aware of that their details are being disclosed to and processed by us (unless this is not required in accordance with the applying legal requirements.
WTDir will not share your PII with third parties except a) to the extent necessary to accomplish WTDir’s functionality and safeguarding of its interests and those of its users, subject to prior notice to you that the information will be shared, and with whom (indicatively service providers, professional advisors, any purchaser or likely purchaser of our business etc; b) unless you have given WTDir permission to do so; c) unless WTDir is bound by applicable laws to do so; Your personally identifiable information is protected by utilising both online and offline security methods, including firewalls, passwords and restricted physical access to the places where your information is stored. It is possible, however, that a third party will circumvent such security measures, and we do not guarantee that our security measures will successfully prevent third parties from accessing the information we collect.
8.5. In addition, WTDir collects other non-PII including aggregate user data such as the titles, URLs (addresses), and selected text of the pages you save on WTDir, and browser type, device type, settings, time zone, language, and other information related to the manner in which you access WTDir and Services. We also collect information about your use of WTDir and Services, such as what you have read or viewed, which device you used to have accessed such content, what you choose to save to WTDir, and what you choose to share with others. We compile aggregated data by combining information from many users, without including any information that could be used to identify you or anyone else by name. This data is used to manage and improve WTDir and/or the Services, track usage, and for security purposes by using cookies. We may share or disclose non-PII with people and entities that we do business with.
9. WTDir COMMUNITY.
WTDirprovides its users the opportunity to express and share their preferences, goals and conducts. You are solely responsible for your interactions (including any disputes) with other Users. You understand that WTDir does not in any way screen WTDir users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using WTDir and Services and disclosing personal information to other WTDir Users.
WTDir, Services and the Content are intended solely for persons who are 18 or older. Any access to or use of WTDir, Services and Content by anyone under 18 is expressly prohibited. By accessing or using WTDir, Services and Content you represent and warrant that you are 18 or older or, if younger than 18, are at least 14 or older and have a parent’s or guardian’s permission to access or use WTDir, Services and Content.
11. DISCLAIMERS & INDEMNIFICATION
11.1 We continuously work in order to provide to the fullest extent accurate, complete and up-to-date Content and. Content is provided ‘as is’ without conditions or warranties of any kind. In no event shall we be liable to any user or third party for any direct indirect, consequential, exemplary incidental, special or punitive damages arising from your use of WTDir.
11.2. Given the internet’s design and architecture we not warrant that any content will be error – free, that access hereto will be uninterrupted, that defects will be corrected or that any site service or the servers that make such content available are free of viruses or other harmful components. We do not warrant or make representations regarding the use or the result of the use of any Content.
11.3 You agree not to hold us liable for any loss or damage incurred as a result of: a) reliance on any content from or about other users or third parties or about opportunities or services provided by them b) any communications contracts or dealings (or lack thereof) with other users or third parties.
12. APPLICABLE LAW