Terms of Use

TERMS OF USE

Welcome to the Sh.I.T. List. By accessing our servers, websites, or content therefrom (together, “the Sh.I.T. List”), including but not limited to registering as a Dumper or Diver or creating a Listing, you agree to these Terms of Use.

LICENSE. We grant you a limited, revocable, non-exclusive, non-assignable license to access the Sh.I.T. List in compliance with the Terms of Use. You cannot sublicense this license and unlicensed access is not authorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from the Sh.I.T. List except for content you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid license to use, copy, perform, display, distribute, sublicense and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by the Sh.I.T. List) or services that interact or interoperate with the the Sh.I.T. List, including but not limited to, those for downloading, uploading, listing, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited. You agree not to collect users' personal and/or contact information (“PI”).

YOUR ACCOUNT. If you use this site, you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer and you agree to accept responsibility for activities that occur under your account or password.

MODERATION. You agree that we may moderate access to and use of the Sh.I.T. List in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/registration/license/listing termination. You agree (1) not to bypass this moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not. The The Sh.I.T. List does not monitor financial transactions between users.

CHANGES & INTERPRETATION. You agree that we reserve the right in our sole discretion to interpret and/or change these Terms of Use, the Shared Rules and other rules posted to the site. The Shared Rules and all posted site rules are incorporated in these Terms of Use.

COMPLIANCE WITH RULES. You agree to comply with these Terms of Use, the Shared Rules and any other posted site rules.

PERMITTED LISTINGS. The Shit List is intended for selling, renting, bartering and giving away theatrical and film materials and goods and listing theater and film related events and gigs. It is not a general classified or sale site. You agree to list only materials, goods, events and/or gigs that are theater and/or film related.

PROHIBITED. You agree not to provide prohibited materials, goods, services or content on the Sh.I.T. List. Content includes listings, email, messages and/or other text or code (“Content”). This is a partial list of goods, services and Content that are strictly prohibited on the Sh.I.T. List:
• any good, service, or Content that violates the law or legal rights of others;
• false, misleading, deceptive, or fraudulent Content; bait and switch; keyword spam;
• offensive, obscene, defamatory, threatening, or malicious Content;
• anyone’s (other than your own) personal, identifying, confidential or proprietary information;
• spam; mis-categorized, over-listed or cross-listed Listings or email the primary purpose of which is to drive traffic to a website;
• weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc.
• ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives;
• US military items not demilitarized in accord with Defense Department policy
• child pornography; bestiality; offers or solicitation of illegal prostitution;
• food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance;
• alcohol or tobacco; unpackaged or adulterated food or cosmetics
• prescription drugs, medical devices; controlled substances and related items;
• recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing;
• stolen property, property with serial number removed/altered, burglary tools, etc.;
• ID cards, licenses, police insignia, government documents, birth certificates, etc.;
• counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer;
• lottery or raffle tickets, sweepstakes entries, slot machines, gambling items;
• listings or email offering, promoting, or linking to unsolicited products or services
• affiliate marketing; network, or multi-level marketing; pyramid schemes

ELECTRONIC COMMUNICATIONS. You agree to read these Terms of Use, the Shared Rules and other notices posted on the Sh.I.T. List and to receive email and other electronic communications from us and that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the site satisfy any legal requirement that communications be in writing.

LINKED SITES. The Sh.I.T. List may contain links to other websites (“Linked Sites”). The Linked Sites are not under out control and we are not responsible for any content of any Linked Site. Any link to a Linked Site provided by us is provided as a convenience only and does not imply endorsement of the site or its operators.

DISCLAIMERS. To the extent permitted by law, (1) we make no promise as to the Sh.I.T. List, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and the Sh.I.T. List is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, including but not limited to, illegal conduct; (c) your use of the Sh.I.T. List; or (d) our representations.

To the extent permitted by law, THE SH.I.T. LIST, INCLUDING ITS EMPLOYEES, CONTRACTORS, VOLUNTEERS AND OTHERS AUTHORIZED TO ADMINISTER OR PROVIDE SERVICES FOR THE SHIT LIST, AND AFFILIATED ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO, THE LIT FUND, GIDEON PRODUCTIONS, FLUX THEATRE ENSEMBLE AND BAD SANDY PRODUCTIONS LLC (“SL ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; SL ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to the Terms of Use or your use of the Sh.I.T. List is governed by New York law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in New York, NY (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against SL Entities; (6) (except government agencies) to indemnify SL Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your use of the Sh.I.T. Lis; and (7)to pay us for breaching or inducing others to breach the "USE" section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per listing, email, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

MISC. This is the exclusive and entire agreement between you and us. In the event of a discrepancy between these Terms of Use and the Shared Rules or other rules posted on the site, the Terms of Use prevail. If a term of the Terms of Use is unenforceable, other terms are unaffected. If Terms of Use translations conflict with the English version, English controls. See the Privacy Policy for how we collect, use and share data.

REPORTING PROHIBITED CONTENT OR OTHER VIOLATIONS OF THE TERMS OF USE

If you experience a breach of these Terms of Use, the Shared Rules, or other rules posted on the site, click on "Contact" at the bottom of any page on the Sh.I.T. List to email the site. Please include your name, specifics about your complaint and an email address where you can be contacted.

PRIVACY POLICY (June 13, 2014)

This policy details how data about you is collected/used/disclosed when you visit our websites and services (together, the “Sh.I.T. List”) or otherwise interact with us. If we update it, we will revise the date, place notices on the Sh.I.T. List if a change is material, and/or obtain your consent as required by law.

1. Protecting your privacy

• We take precautions to prevent unauthorized access to or misuse of data about you.
• We do not share your data with third parties for marketing purposes.
• We do not engage in link-referral programs with other sites.
• We do not employ tracking devices for marketing purposes.
• We do not send you unsolicited communications for marketing purposes.

2. Data we use to provide/improve our services and/or combat fraud/abuse:

• data you post on the Sh.I.T. List, or send us directly or via other sites. Please do not post private data.
• data you provide (e.g. email address, name, address, phone, photos).
• web log data (e.g. number of listings posted, number of messages sent, pages viewed, access times, IP address, HTTP headers).
• data about your devices (e.g. screen size, DOM local storage, plugins).
• data from 3rd parties (e.g. phone type, general location derived from IP address).

3. Data we store

• We retain data as long as needed for our business purposes and/or as required by law.
• We make good faith efforts to store data securely, but make no guarantees.
• You may access and update certain data about you by logging into your account.

4. Circumstances in which we may disclose user data:

• to respond to subpoenas, court orders, or other legal process.
• to protect our rights, property, or safety, or that of our users or the general public.
• with your consent (e.g. if you authorize us to share data with other users).
• in connection with a merger, bankruptcy, or sale/transfer of assets to another company.
• in aggregate or summary form, as long as it cannot reasonably be used to identify you.

The Sh.I.T. List reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request in its sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children.