Stage 32 Writers' Room

Welcome to Stage 32 VIP. The services and content provided to you at, by or through Stage 32 VIP program (“Stage 32 VIP”), or via one or more affiliates of Stage 32 VIP, are subject to the terms and conditions set forth in this “Stage 32 VIP Subscription Agreement and Terms of Use” (“Agreement”). Your agreement to all the terms and conditions of this Agreement is required before you may subscribe to Stage 32 VIP or receive any services, content or other benefits available through a Stage 32 VIP subscription.

1. Parties. The parties (“Parties”) to this Agreement are You, the user (“You”), and Stage 32, LLC. (“Stage 32”), the owner and operator of the Stage 32 VIP program. As used in this Agreement, the terms “We,” “Us” and “Our,” etc., are used interchangeably to refer to Stage 32.
2. Your Agreement. You expressly agree that Your express or implicit acknowledgement of or agreement to this Agreement by any means, including without limitation, by clicking your acceptance of this Agreement where indicated, by purchasing a subscription to the Stage 32 VIP program or by purchasing or receiving or using any services, content or other benefits provided at, by or through Stage 32 VIP or a Stage 32 Affiliate, including without limitation, any Stage 32 VIP Program Materials shall constitute Your full agreement to all the terms and conditions of this Agreement and a reaffirmation of the current Stage 32 Membership Agreement. Therefore, for other good and valuable consideration, the sufficiency of which is acknowledged by the parties, You and Stage 32 agree to be bound by all the terms and conditions of this Agreement.
3. Definitions.
   • “Affiliated Content Provider” means a third party provider of live or recorded content or other materials accessible by You or otherwise provided to You in, at, through, or in association with, Stage 32 VIP, or one or more websites or mobile applications owned or operated by Stage 32, including without limitation the Stage 32 website accessible at www.stage32.com, including without limitation, affiliated teachers, webinar providers, script coaches and other script service providers, third-party entertainment industry executives, and affiliated providers of other services.
   • “Harmful Code” means viruses, worms, Trojan horses, malware, denial of service attacks, and other code and programming devices that can manifest contaminating or destructive properties or cause or contribute to damage to data, programs, software, servers, peripheral devices, or other computer devices, or the security or functioning of a computer network or system.
   • “Stage 32 Affiliate” means an Affiliated Content Provider, affiliate marketing person or entity, and other persons and entities associated with the marketing, promotion, or functioning of the Stage 32 VIP program, one or more websites or mobile applications owned or operated by Stage 32.
   • “Stage 32 Member” means a member of the Stage 32 social network.
   • “Stage 32 Membership Agreement” means the current Stage 32 membership agreement. To access the current Stage 32 Membership Agreement, click here.
   • “Stage 32 VIP Program Materials” means live or recorded content and other materials provided by Stage 32 and/or one or more Affiliated Content Providers, available in, at, on, through, or in association with, Stage 32 VIP, one or more Stage 32 websites or one or more Stage 32 mobile applications including without limitation photographic, video, audio, and virtual reality content, text, apps, functional code, advertising and marketing materials, data, and user profiles and other user-authorized information, including without limitation live and recorded educational materials, including without limitation live and recorded coaching sessions or other script services provided directly or indirectly in association with Stage 32 VIP.
   • “Subscription Cycle” means a thirty-day period commencing at the time that You first purchase Your subscription to Stage 32 VIP that automatically renews and restarts the 30-day cycle while You maintain Your paid subscription to Stage 32 VIP.
4. Stage 32 VIP Benefits. Upon receiving Your subscription payment Stage 32 will automatically grant to You a single user license to obtain and use the following Stage 32 VIP benefits (“Program Benefits”) for as long as You maintain Your paid subscription to Stage 32 VIP:
   1. VIP Script Services Benefits. Your paid subscription will entitle You to receive the following VIP Script Services Benefits:
      1. An exclusive Stage 32 webinar regarding the screenwriting process;
      2. An access pass to one additional exclusive Stage 32 screenwriting webinar presented by an entertainment industry executive each month while You maintain Your subscription;
      3. Access to a private Stage 32 screenwriting Lounge section; and
      4. Monthly access to a live Stage 32 screenwriting educational session provided by one of Stage 32’s education providers.
   2. VIP Education Benefits. Your paid subscription to Stage 32 VIP will also entitle You to receive three (3) Stage 32 VIP webinar tokens (“Webinar Tokens”) each Subscription Cycle. Each Webinar Token shall be good for access to a single Stage 32 webinar of Your choice that is available for live streaming or downloading during the Subscription Cycle in which You receive the Webinar Tokens for that Subscription Cycle. Webinar Tokens that not used during the Subscription Cycle in which they are received will expire and cannot subsequently be used for access to Stage 32 webinars. All recorded Stage 32 webinars that You download to Your account will be maintained in Your account for one (1) year from the date of downloading subject to this Agreement and the Stage 32 Membership Agreement and Your continued subscription to Stage 32 VIP and valid current status as a Stage 32 Member.
5. Stage 32 VIP Subscription Fees.
   1. Subscription Cost and Billing. The current price of a one 30-day Subscription Cycle subscription to Stage 32 VIP is $39.00 per Subscription Cycle (minimum of 1 Subscription Cycle). The current price of a one 90-day Subscription Cycle subscription to Stage 32 VIP is $99.00 per Subscription Cycle (minimum of 1 Subscription Cycle). The current price of a one 1-Year Subscription Cycle subscription to Stage 32 VIP is $348.00 per Subscription Cycle (minimum of 1 Subscription Cycle). You acknowledge and agree that subscription fees are automatically re-billed to Your credit card or other payment methods accepted by Stage 32 for the next Subscription Cycle on a recurring basis at the end of each expiring Subscription Cycle unless You cancel Your subscription. This means if You have elected to purchase a Stage 32 VIP subscription on a recurring 30-say Subscription Cycle basis, You will be billed each month until You cancel Your Stage 32 VIP subscription in accordance with the terms of this Agreement and any other terms posted on the Stage 32 website. All subscription fee prices and billing options are subject to change by Stage 32.
   2. Charge Identification. Resulting charges and debits will be identified as “Stage 32 LLC”.
   3. Payment Authorization. You hereby authorize Stage 32 and Stage 32’s merchant payment processors to cause Your credit card account, checking account, Bitcoin™ account, PayPal® account, or other acceptable payment account You have selected to be charged or otherwise reflect one or more charges and/or debit authorizations for the amounts associated with the purchase of any and all webinars, content licenses, subscriptions and/or other products or services that You have requested or reasonably appear to have requested, or that You, through another person, that You have, or You reasonably appear to have, authorized to purchase on Your behalf. Not all payment options listed above may be offered at any given time by Stage 32 and those offered may be added to, discontinued, modified or terminated at any time by Stage 32 at its sole election.
   4. Requested Products and Services Payment. You agree to timely pay for all subscriptions and other products and services offered by Stage 32 or a Stage 32 Affiliate that You have requested or for which You have directly or indirectly authorized the purchase. You agree to be personally liable for all charges made by You in association with Your Stage 32 VIP account(s), regardless of whether such charges were incurred directly by You or by one or more persons acting on Your behalf, under Your instruction, or as Your agent or representative, or otherwise in regard to Your account(s). You acknowledge and agree that Your liability for any and all unpaid charges shall continue after termination of any subscription to Stage 32 VIP or termination of any license granted to You by Stage 32.
   5. Cancelling Your Subscription. You may cancel Your subscription to Stage 32 VIP at any time. To cancel Your subscription please provide Your cancellation request by e-mail to writerhelp@stage32.com or by telephone to 310-922-7370.
      1. Cancellations Effective on Receipt. All cancellations received by Stage 32 will be effective upon receipt subject to Section 3.4.2 below.
      2. CANCELLATION BILLING CUTOFF DATE.

         YOU MUST CANCEL A SUBSCRIPTION THAT IS RENEWED ON A RECURRING BILLING BASIS AT LEAST SEVEN (7) DAYS BEFORE THE END OF YOUR THEN CURRENT SUBSCRIPTION CYCLE OR YOU WILL BE RESPONSIBLE FOR THE PAYMENT OF THE SUBSCRIPTION FEE FOR THE NEXT SUBSCRIPTION CYCLE AND YOU WILL BE AUTOMATICALLY BILLED FOR THE NEXT SUBSCRIPTION CYCLE SUBSCRIPTION FEE, IN WHICH CASE YOUR SUBSCRIPTION WILL THEN TERMINATE AT THE END OF THAT NEXT SUBSCRIPTION CYCLE.

      3. No Pro-Rated Fees. Subscriptions to Stage 32 VIP that are cancelled before the end of a Subscription Cycle are not subject to any pro-rated free or refund to You. You acknowledge and agree that if You cancel at any time after purchasing a subscription, You will be charged the full fee for a Subscription Cycle subscription and possibly the subscription fee for the next Subscription Cycle if the cancellation request is made less than seven (7) days before the expiration of the then current Subscription Cycle as required by Section 3.4.2.
      4. Password Removal. You hereby acknowledge and agree that if You cancel Your Stage 32 VIP subscription, or if Your subscription is cancelled by Stage 32 for any reason, Your password(s) may be immediately removed from the system at Stage 32’s discretion at the end of Your last paid Subscription Cycle.
      5. Stage 32 VIP Cancellation. Stage 32 may, at any time and at its sole discretion and without cause or the providing of any reason, cancel Your subscription to Stage 32 VIP as well as any and all subscriptions to Stage 32 VIP. You expressly acknowledge and agree to the foregoing and You also acknowledge and agree that Stage 32 may, at any time, with or without reason or cause, terminate Stage 32 VIP in whole or in part. Further, You acknowledged and agree that Stage 32 may change, suspend, cancel or terminate specific Stage 32 VIP Benefits at its sole election, and You acknowledge and agree that nothing in this Agreement shall entitle You to continue to receive one or more Stage 32 Benefits that have been so changed, suspended, cancelled or terminated.
      6. Effect of Cancellation. If Your subscription to Stage 32 VIP is cancelled for any reason Your right and authorization to obtain Program Benefits, and all licenses associated therewith, including without limitation, all rights and authorization and to access and use Stage 32 VIP Program Materials shall automatically terminate effective at the end of the last Subscription Cycle subject to the cancelled subscription. You acknowledge and agree that any accessing or use of Stage 32 VIP Program Materials after the end of Your subscription to Stage 32 VIP shall then be unauthorized and potentially constitute a violation and/or infringement of Stage 32’s and/or one or more third party’s rights and potentially a violation of federal and/or state laws prohibiting the unauthorized accessing of computers and/or databases on or in which such materials are stored or distributed from.
   6. Free Trial and Free Limited Duration Subscription Offers. If Stage 32 offers a free trial or free limited duration subscription or membership option, and You elect to obtain such a free trial or free limited duration subscription or membership, You agree to authorize Stage 32 through one or more of its merchant payment processors to cause Your selected credit card account, checking account, Bitcoin™ account, PayPal® account, or other acceptable payment account, as applicable, to reflect a charge or debit authorization in the amount of a one (1) Subscription Cycle subscription or such other debit amount corresponding to the subject offer. This means that there may be an authorization amount on Your credit card, debit card, or other account statement. This is not a charge, however. You will not be billed for a purchase of a subscription to Stage 32 VIP unless and until You upgrade the free trial or free limited duration subscription to an automatically renewing Subscription Cycle billing subscription. You acknowledge that for some such free trial or free limited duration subscriptions, such upgrade will occur automatically at the end of Your free trial or free limited duration subscription unless You cancel Your subscription as indicated in Section 3.4 of this Agreement or in the cancellation instructions association with the offer.
6. Program and Use License Restrictions. The Stage 32 VIP program, Your subscription and license to obtain and use Program Benefits and Your right to access and use Your Stage 32 VIP subscription shall at all times be subject to the following restrictions:
   1. Stage 32 Membership. You must be a Stage 32 Member to subscribe to Stage 32 VIP and receive Program Benefits. When You sign up for a subscription to Stage 32 You will also simultaneously be reaffirming Your agreement to the Stage 32 Membership Agreement.
   2. Authorized Uses of Stage 32 VIP. Stage 32 VIP and Stage 32 VIP Program Benefits, including without limitation, Stage 32 VIP Program Material are intended to be, and may only be used for non-commercial educational and professional networking purposes only.
   3. Non-transferrable Benefits. Your subscription to Stage 32 VIP is personal and non-transferrable. You acknowledge and agree that You shall not, under any circumstances, have the right to, and You agree You will not, share, transfer or assign Your subscription to Stage 32 VIP, or Your right to access or use Stage 32 VIP Program Materials or any other Program Benefits. Passwords associated with Your account are for Your individual use only. You agree to be fully and solely responsible for the security of Your passwords. If You use a password that Stage 32 considers to be insecure, Stage 32 shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected area(s). Any sharing of passwords or any other methods of unauthorized access to Stage 32 VIP, Stage 32 VIP Program Materials and/or other Program Benefits with any other person is unauthorized and strictly prohibited forbidden. You acknowledge and agree that sharing of passwords or any unauthorized granting of access to Program Benefits violates the security of one or more Stage 32 computers, databases and/or systems and that Stage 32 shall have the unlimited right to release details regarding such incidents system administrators and governmental agencies in order to resolve and/or prevent security incidents without incurring any liability of any kind to You.
   4. Prohibited Uses. You shall not at any time:
      • (i) copy, modify, transmit, distribute, perform, broadcast, rebroadcast, make derivative works of, or otherwise modify any Stage 32 VIP Program Materials in whole or part without prior express written authorization from Stage 32;
      • (ii) use Stage 32 VIP, any of the Stage 32 VIP Program Materials or other Program Benefits, or any of Stage 32’s websites or applications in any manner that is prohibited by any applicable law, rule or regulation, or that in any way infringes or violates any right of any person or entity, including without limitation, any person’s or entity’s intellectual property, privacy or contractual rights, including without limitation any person’s or entity’s copyrights, trademark rights, patent rights, or rights in their name or likeness;
      • (iii) use Stage 32 VIP, any of the Stage 32 VIP Program Materials or other Program Benefits, or any of Stage 32’s websites or applications to directly or indirectly advertise, promote or market any direct or indirect competitor of Stage 32;
      • (iv) use Stage 32 VIP or any of Stage 32’s computers or software to in any way to transmit, publish, upload to any Stage 32 server, or provide to any Stage 32 VIP subscriber or Stage 32 Member any content, communication or other matter that is defamatory, libelous, obscene, harassing, offensive or hateful or that is otherwise in any way harmful to any person or entity;
      • (v) provide false information to Stage 32 or any Stage 32 Affiliate, or falsify Your identity or impersonate or attempt to impersonate any person or entity by any means;
      • (vi) direct, engage or participate in any activity or conduct, alone or with others, that adversely affects the ability of one or more Stage 32 VIP subscribers, Stage 32 Members’ or others to access or otherwise use any website, application, program or content owned or operated by Stage 32 or any Stage 32 Affiliate, including without limitation, by or through the direct or indirect use of Harmful Code;
      • (vii) direct, engage or participate in any data scraping activity associated with Stage 32 VIP or any website or application owned or operated by Stage 32 or any Stage 32 Affiliate, including by or through the direct or indirect use of bots or any similar device, program or functionality; or
      • (viii) direct, engage or participate in any conduct or other activity that Stage 32 determines, in its sole discretion, is harmful or otherwise inappropriate.
   5. Program Rules and Restrictions. You agree that You will at all times comply with all the rules, regulations applicable to, or otherwise associated with, Stage 32 VIP, including those pertaining to any and all Stage 32 VIP Program Materials and not engage in any prohibited uses of Stage 32 VIP. You also agree that You will comply with all terms of use applicable to Stage 32 Members, and all terms of use associated with the Stage 32 website accessible at www.stage32.com. You agree that any unauthorized or fraudulent use of Stage 32 VIP, Program Benefits or any of Stage 32’s websites or applications shall be deemed a violation of Stage 32’s rights and constitute unauthorized access to Stage 32’s computers and/or databases in violation of applicable law.
   6. Modifications. Stage 32 shall at all times have the right to add to, remove, modify, suspend, cancel, and/or terminate Program Benefits, in whole or in part. Stage 32 shall also have the unrestricted right to suspend, cancel, terminate or otherwise modify Stage 32 VIP, in whole or in part, including without limitation any program(s), in whole or in part.
   7. Special Use Restrictions Regarding VR Content. Use of a 3D, virtual reality or augmented device can substantially diminish or eliminate visual and/or auditory perception of a user’s environment. You acknowledge that body movement while viewing such content via a 3D, virtual reality or augmented reality device could result in bodily harm to You and/or others and damage to property. You are not authorized to, and You agree that You will not, access or view any Stage 32 VIP Program Materials that comprise 3D content, virtual reality content or augmented reality content, or any other Stage 32 or Stage 32 Affiliate content using a 3D, virtual reality or augmented reality device while You are in motion except as a passenger in a vehicle You are not operating. You also agree to only view or otherwise use such content in accordance with the operating instructions and precautions associated with the device used to view or otherwise use the content. You further agree to only view or otherwise use 3D content, virtual reality content or augmented reality content, when it is safe to do so and when limitations on vision and hearing typically associated with the use of immersive content does not pose a risk of harm to You or others or damage to property.
7. Intellectual Property Rights. All of the Stage 32 VIP Program Materials and other content and materials available at or through one or more of the Stage 32 websites or mobile applications are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to Stage 32. Any use of Stage 32 VIP Program Materials outside the scope of the license granted to You in association with Your subscription shall constitute infringement of the rights of Stage 32 and/or one or more Stage 32 Affiliates.
8. Indemnification. You agree to be personally liable for any and all damages resulting from any breach of this Agreement by You. You also agree to fully indemnify Stage 32 and applicable Stage 32 Affiliates for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement.
9. Authorization to Communicate with You. Please read Our Privacy Policy. You hereby request and authorize notices, advertisements, e-mail and other communications to be sent to You from Stage 32 and from Stage 32 Affiliates, Affiliated Content Providers and/or their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter. You agree that Stage 32 shall not be under any obligation or restriction regarding the sale of Your email information to any third parties for any purpose. Moreover, You agree that Your request, authorization and permission to Stage 32 send You such materials and communications herein shall continue to be in effect unless and until You notify Stage 32 that You wish to be deleted from Stage 32’s email list, in which case, You acknowledge and agree that Stage 32 shall be obligated only to delete You from its email list and not the email list(s) of any third parties regardless of how such parties obtained Your email information directly or indirectly from or through Stage 32. You acknowledge and agree that You will need to contact such third parties to be deleted from their email list(s).
10. Opting-Out/Cancelling Email Communications. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from Stage 32 by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by Stage 32 or by sending an e-mail cancellation request to support@stage32.com.
11. “No Contact” Email Registries. You agree that You will not bring any action against Stage 32, or any Stage 32 Affiliates or any of any of the aforementioned parties’ principals, employees or agents as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental “do not email” registry with respect to any such contact point You have provided to Stage 32 and/or one or more Affiliated Content Providers after indicating that You have provided Stage 32 and/or such Stage 32 Affiliate(s) permission to send You email. You agree to indemnify Stage 32 and affected Stage 32 Affiliates for any and all expenses and damages that may result from a breach of this Paragraph 11.
12. Communication with Others. You are expected to use common sense and take appropriate measures and precautions to protect Your intellectual property, privacy, and personal safety regarding communications, content sharing, and/or meetings with persons with whom You have communicated through Your use of Program Benefits or other use of Stage 32 VIP. You acknowledge and agree that Stage 32 shall not be liable or held responsible in any way for any direct or direct outcome or result of any contact or meeting, whether in person, by telephone or any other means, or sharing of content or other information, including without limitation, scripts, treatments, ideas, or personal information, with such persons. You further acknowledge and agree that Stage 32 does not screen any communications between Stage 32 VIP subscribers, Stage 32 Members or Stage 32 Affiliates and that Stage 32 has no control over such communications and makes no representations or warranties with respect to such persons or the content of such communications. You acknowledge and agree that You, and not Stage 32, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information that You submit, publish, display, disseminate or otherwise communicate in, at, through, or in association with, Stage 32 VIP or Your use of Program Benefits or any Stage 32 website or application, including without limitation for any and all claims for damages or liability arising after the termination of Your subscription to Stage 32 VIP.
    You agree that all messages and other communications by You in association with Your use of Stage 32 VIP may be read by the operators and/or other agents of Stage 32 whether or not they are the intended recipient(s). Although Stage 32 does do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to any Stage 32 website, server, or application by You or any other person, Stage 32 reserves the right but not the obligation, in Our sole and absolute discretion, to monitor any and all such messages and materials at any time without prior notice to ensure, among other things, that they comply with Stage 32 content guidelines and/or other policies that may be applicable.
13. Notice. Notice to You may be given by means of email, electronic messages or by general posting on the Stage 32 website accessible at www.stage32.com. You agree that communications from You to Stage 32, including without limitation, all questions, complaints, and notices to Stage 32, shall be by email to Stage 32 Customer Service at support@stage32.com.
14. Limitations of Liability.
    1. No Implied Warranties. Neither Stage 32, nor any Stage 32 Affiliate warrants that the functions of any Stage 32 website, Stage 32 application or any of Our content, including without limitation, any webinar or online meeting, will be uninterrupted or error-free, or that any discovered defects will be corrected. You expressly acknowledge and agree that the use of the all materials, features, functions and all other goods and services provided to You by or through Your Stage 32 VIP subscription, or otherwise by Stage 32 or one or more Stage 32 Affiliates, including without limitation all Stage 32 VIP Program Materials and Program Benefits are provided to You on an “as is” basis, without warranties of any kind, including, without limitation, any warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Stage 32 and all Stage 32 Affiliates expressly disclaim all such warranties. You acknowledge and agree that all use of Stage 32 VIP, Stage 32 VIP Program Materials and Program Benefits by You is at Your own risk. Under no circumstances and under no cause of action or legal theory, shall Stage 32, any of Stage 32 Affiliates, any third party content provider or any of Stage 32’s suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses, malware or other destructive software or materials, or communications by You. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty. If for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, the exclusion above may not apply to You, in which case You hereby agree that the intent of this Paragraph shall apply to the fullest extent possible under applicable law.
    2. Communications by or with Third Parties. You also expressly acknowledge and agree that Stage 32 does not warrant, guarantee, or ensure the accuracy or truthfulness of any messages, communication, content, or other information of any kind that is posted, uploaded, transmitted, communicated, published, provided or otherwise made available to You by one or more third parties in, at, on, through, or in association with, Stage 32 VIP or any Stage 32 website or application, including without limitation any and all information provided by instructors, script coaches, entertainment industry executives, advertisers, other subscribers or other Stage 32 Members. Also, some of the materials that You might access via hyperlinks in, at, on, through, or in association with, Stage 32 VIP or a Stage 32 website or application will link You to one or more third-party websites that may provide content to You via such hyperlinks. You acknowledge that Stage 32 has no editorial or supervisorial control over the selection or display of such content and agree to completely and irrevocable release Stage 32 from any and all liability and responsibility in connection with any and all such content.
    3. Harmful Code. You acknowledge and agree that neither Stage 32, nor any Stage 32 Affiliates represent, guarantee or warrant that any Stage 32 VIP Program Materials or any website or application owned or operated by Stage 32 or a Stage 32 Affiliate, or any content accessible in, at, on, or through, Stage 32 VIP, any website or application owned or operated by Stage 32 or a Stage 32 Affiliate, will be free of, or from Harmful Code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and other devices and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither Stage 32 nor any Stage 32 Affiliate assumes any responsibility or risk associated with the potential of damage to Your computer(s) or any other devices through Your use of Stage 32 VIP Program Materials or Your use of any website or application owned or operated by Stage 32 or any Stage 32 Affiliate.
    4. Maximum Liability. Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining a subscription to Stage 32 VIP and the license to obtain and use Program Benefits, including without limitation, Your right to receive Stage 32 VIP Program Materials, You agree that any and all liability that might be attributable to Stage 32 and Stage 32 Affiliates and their respective directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents, attorneys, or their successors or assigns, that directly or indirectly results from Your use of the Stage 32 VIP, including without limitation Your receipt and/or use of Program Benefits and/or Stage 32 VIP Program Materials, including without limitation for any and all failures of performance, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft or destruction or unauthorized access to, alteration of, or use of records, tortious acts of others using Stage 32 VIP or any other product or service owned or operated by Stage 32 or a Stage 32 Affiliate, whether for breach of contract, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the Stage 32 VIP subscription fees paid by You or (2) fifty dollars ($50.00). In the event that the monetary limitation of liability set forth above and/or other limitation of liability set forth in this Agreement should be deemed to be invalid or inapplicable, in whole or in part, or shall be limited, for any reason, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to apply as broadly as is permissible under applicable law.
    5. Class Actions. If permitted by applicable law, and to the maximum extent permitted by applicable law, each party expressly, knowingly and intentionally waives the right to litigate in court or an arbitration proceeding any dispute a party may have with the other party that arises under or is in any way related to this Agreement or the subject matter to which it pertains, as a class action, either as a member of a class or as a representative, or to act as a private attorney general regarding any such matter. Without limiting the foregoing, the parties expressly agree that (i) no arbitration or other proceeding regarding any dispute arising under or in association with this Agreement or any matter(s) to which it pertains shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other subscribers of Stage 32 VIP, other Stage 32 Members, other customers or other potential customers or persons similarly situated, and (ii) no such arbitration or other proceeding shall be consolidated with, or joined in any way with, any other arbitration proceeding. You and Stage 32 expressly agree that You and We will arbitrate any and all disputes arising under or otherwise in association with this Agreement and any and all matters to which it pertains on an individual basis and You and Stage 32 each hereby expressly waive the right to participate in a class action regarding, or in any way relating to, any dispute or other matter arising under or associated with this Agreement or any matter(s) to which it pertains. In the event that the waivers and agreement regarding class actions set forth in this Paragraph should be deemed to be invalid or inapplicable, in whole or in part, or shall be limited, for any reason, the parties expressly acknowledge and agree that it is their express intent and desire that the intent of the parties not to resolve any dispute among the parties through a class action or similar means shall be construed to apply as broadly as is permissible under applicable law and any and all remedies shall be determined consistent with that intent and the parties’ that limitations of liability set forth in this Agreement shall be construed to be, and apply, as broadly as permissible under applicable law.
15. Government Cooperation. You acknowledge and agree that Stage 32 and all Stage 32 independently and respectively reserve all rights to fully cooperate with any and all domestic and foreign law enforcement authorities and other governmental entities, including without limitation in response to court orders or other communications requesting or directing Stage 32 and/or one or more any Stage 32 Affiliates to disclose the identity or other information regarding any person or entity that is a Stage 32 VIP subscriber or a Stage 32 Member, or any person or entity that is using or has used any Stage 32 VIP Program Materials or has otherwise accessed or obtained content in, at, from, through, or in association with, any website or application owned or operated by Stage 32 or any Stage 32 Affiliate. By accepting this Agreement and/or receiving or using any Program Benefits or any Stage 32 VIP Program Materials, You expressly and irrevocably waive any and all rights to prevent such disclosure(s) of information, and You also agree to hold harmless Stage 32 and all Stage 32 Affiliates, and their respective principals, members, directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all claims resulting from any and all such disclosures, cooperation, and other actions by any of the foregoing entities or persons during, or as a result of any investigation or request by any law enforcement authority or other governmental entity.
16. Entire Agreement. This Agreement contains the entire agreement between You and Stage 32 regarding Your subscription to Stage 32 VIP and other matters set forth in this Agreement. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made a third party or other person.
17. Amendment. This Agreement may be amended by Stage 32 by updating the online version of this Agreement on the Stage 32.com website. You acknowledge and agree that Your receipt or use of any Stage 32 VIP Program Benefits or Stage 32 VIP Program Materials or use of the Stage 32.com website after such amendment or updating of this Agreement shall be deemed to be Your acceptance of, and agreement to, the updated/amended Agreement posted online. You acknowledge and agree that if You elect not to accept and agree to an updated/amended version of this Agreement, You must cancel Your subscription within thirty (30) days of the posting of the updated/amended version of this Agreement or You will be deemed to have agreed to and accepted the updated/amended version of the Agreement posted. Please check the Stage 32 website at www.stage 32.com often for the posting of an updated/amended version of this Agreement. In the event that the validity of Your acceptance and agreement to an updated/amended Agreement should be deemed to be invalid or inapplicable, in whole or in part, or shall be limited, for any reason, You acknowledge and agree that it is the express intent of the parties that each such amended Agreement shall be deemed and construed to be accepted and agreed to by You by, or as the result of, any conduct or action by You that expressly or otherwise reasonably signifies or implies such acceptance and agreement, and that such conduct or action shall be broadly interpreted and construed to indicate such acceptance and agreement to the maximum extent permissible under applicable law.
18. Dispute Resolution.
    1. Scope of Disputes Subject to Dispute Resolution Process. You and Stage 32 agree that this Agreement and all disputes and controversies of any kind arising under, or related to this Agreement and/or the rights or liabilities of the parties hereto and/or any of materials, products, services, features or functions, or persons or entities directly or indirectly associated with, or in any way relating to, Stage 32 VIP, Stage 32.com,Your subscription to Stage 32 VIP, Your accessing or use of any website, application or content owned or provided by Stage 32 or any Stage 32 Affiliate, as a Stage 32 Member or otherwise, or any products or services provided by Stage 32 or one or more Stage 32 Affiliates, shall be subject to, and exclusively resolved through binding arbitration in accordance with, the dispute resolution provisions of this Agreement, including without limitation, its provisions pertaining to (i) limiting Stage 32’s liability, (ii) maximum monetary recovery and (iii) waiver of class action means of litigation.
    2. Arbitration. Any and all disputes or controversies of any kind within the scope of the dispute resolution process set forth in this Agreement that is not resolved by the parties informally after good faith attempts to do so for ten (10) business days shall be resolved by binding arbitration in Los Angeles, California before a retired judge chosen by the parties, unless the parties cannot agree on the selection of the retired judge, in which case the selection of the retired judge arbiter shall be made by a representative of the American Arbitration Association. Regarding each arbitration commenced under this provision, You and Stage 32 shall equally share the costs of the arbitrator. The arbitrator shall be entitled to make final and binding decisions regarding all matters pertaining to each dispute within the scope of the dispute resolution provisions of this Agreement, including without limitation decisions regarding damage claims and equitable remedies. The prevailing party shall be awarded its reasonable attorney’s fees and costs of arbitration. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States. Notwithstanding the foregoing, any and all disputes regarding the issue of the scope of matters specified by this Agreement to be within the scope of the arbitration provisions of this Agreement or the jurisdiction of the arbitrator that are not resolved by the parties after five (5) days of good faith negotiations, shall be resolved by a separate dispute resolution process whereby Stage 32 in Stage 32’s sole discretion may elect to have such dispute(s) regarding the scope of disputes that may be arbitrated under this Agreement or a the jurisdiction of an arbiter t resolved by either (i) a municipal or superior court of competent jurisdiction in Los Angeles, California or (ii) a panel of three new arbitrators.
    3. WAIVER OF RIGHT TO COURT LITIGATION AND JURY TRIAL. WITHOUT LIMITING THE FOREGOING, THE PARTIES ACKNOWLEDGE THAT THEY EXPRESSLY AGREE TO HAVE ANY AND ALL DISPUTES SUBJECT TO THE DISPUTE RESOLUTION PROCESS SET FORTH IN THIS AGREEMENT RESOLVED AND ADJUDICATED EXCLUSIVELY BY AND THROUGH NEUTRAL ARBITRATION AND THAT THEY EACH RESPECTIVELY WAIVE AND RELINQUISH, TO THE MAXIMUM EXTENT UNDER APPLICABLE LAW, ALL RIGHTS THEY HAVE OR MAY HAVE IN THE FUTURE TO A JURY TRIAL OR TO OTHERWISE HAVE SUCH DISPUTES LITIGATED IN A COURT. EACH PARTY RESPECTIVELY HEREBY EXPRESSLY ACKNOWLEDGES THAT THE PARTY’S AGREEMENT TO THIS ARBITRATION PROVISION IS KNOWING, INFORMED AND COMPLETELY VOLUNTARY. NOTWITHSTANDING THE FOREGOING, IF A PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THE PARTIES AGREE THAT THE PARTY REFUSING TO SUBMIT TO ARBITRATION Y MAY BE COMPELLED BY A COURT OF COMPETENT JURISDICTION TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
    4. Choice of Law. All provisions of this Agreement and all matters or controversies of any and every kind subject to the dispute resolution provisions of this Agreement shall be governed solely by the substantive statutory and common laws of the state of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
    5. Venue. You and Stage 32 hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be Los Angeles, California.
    6. Jurisdiction. You and Stage 32 agree that in case of any litigation regarding this Agreement, the venue for such litiga¬tion shall be, depending on the subject matter of the dispute, either the Munici¬pal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California. You hereby consent and stipulate to the jurisdic¬tion of the Courts of the State of California and the United States District Court for the Central District of California.
    7. Time Limitation. You expressly agree that any and all claims and other actions subject to the dispute resolution provisions of this Agreement not brought within one (1) year of the time such claim or right of action arises shall be permanently barred and unenforceable. It is expressly agreed by You and Stage 32 that all claims and other actions that Stage 32 has or may have shall against or otherwise regarding You and/or one or more persons or entities acting on Your behalf shall not be subject to the time limitation set forth in the preceding sentence, and the time claims and actions may be brought by Stage 32 and/or its successor(s) in interest shall be unaffected by the limitations set forth therein. You expressly acknowledge that the differential time limitation for bringing claims and actions set forth above is reasonable and fair, and reflects the express intent of the parties.
    8. Severance and Unenforceability of Provisions. You and Stage 32 agree that if any provision(s) of this Agreement is(are) held to be unenforceable for any reason, such provision(s) shall be reformed only to the extent necessary to make it(them) enforceable and all other parts and provisions of this Agreement shall remain unaffected and in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any of the remaining provisions or the Agreement as a whole).
    9. Non-Waiver. You acknowledge and agree that the failure by Stage 32 or any Stage 32 Affiliate(s), or any of the foregoing parties’ assignees or successors in interest, to enforce any of the specific provi¬sions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforce¬ment of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right under this Agreement or otherwise.
    10. Affirmation and Acknowledgement and Re-affirmation of Stage 32 Membership Agreement. By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking an acceptance or agreement button, or by commencing or continuing to receive or use Stage 32 VIP Benefits, any Stage 32 VIP Program Materials and/or any service or other functionality available in, on, at or through Stage 32 VIP or any website or application owned or operated by Stage 32, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You also agree that Your acceptance of and providing agreement to this Agreement and to subsequent updated/amended versions of this Agreement shall also simultaneously constitute a reaffirmation of the Stage 32 Membership Agreement. that is current as of the time You provide Your agreement to this Agreement or subsequently at the time You provide Your agreement to a subsequently updated/amended version of this Agreement. You further agree that Your acknowledgment and agreement to the entirety of this Agreement (and the then-current Stage 32 Membership Agreement) is reaffirmed by each authorized use of Your credit card or other payment method for payment of Your subscription to Stage 32 VIP and/or other charge for a product or service provided by Stage 32 in direct or indirect association with Stage 32 VIP.
    11. Mutually Drafted; Negotiation Option; Paragraph Headings. For purposes of construction and interpretation of this Agreement, both You and Stage 32 shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Agreement before providing Your assent and agreement, please contact Stage 32 at support@stage32.com. You hereby acknowledge and agree that products and services provided in association with Stage 32 VIP, including without limitation Stage 32 VIP Benefits are of a type readily available to You elsewhere, that this is not a contract of adhesion, and that as a material inducement for Stage 32 to provide a subscription to Stage 32 VIP and the associated license to use Stage 32 VIP Program Materials You hereby agree that You shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this Agreement. You acknowledge and agree that Stage 32 did not require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Agreement or You expressly and knowingly have opted not to seek legal counsel prior to Your providing Your full acceptance and agreement to the terms of this Agreement. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to affect the meaning of any part of this Agreement.