Terms of Service

By downloading, installing, or using Proscenium (“the App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App. These Terms constitute the entire agreement between you and Prosceniumregarding your use of the App, superseding any prior agreements.

You must be at least 13 years of age to use Proscenium. By using the App, you represent and warrant that you meet this age requirement.

If you are between 13 and 17 years of age, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the App. Your parent or guardian is responsible for your activity on Proscenium.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a mobile device that you own or control, for your personal, non-commercial purposes.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Provide accurate and complete information when creating your account
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Not create multiple accounts for abusive purposes

We are not liable for any loss or damage arising from your failure to protect your account credentials.

Proscenium allows you to write and publish reviews of theatrical productions. By submitting content, you agree that:

• Your reviews must be genuine. Reviews must reflect your honest opinion of real theatrical productions you have actually attended or experienced.
• You are responsible for your content. You retain ownership of the content you post. By submitting content, you grant Proscenium a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute your reviews within the App, on the Proscenium website, and in promotional or marketing materials related to Proscenium.
• You may request removal from marketing. If you do not wish for your review to be used in promotional materials, you may request its removal from such use by emailing us at prosceniumtheatrereviews@gmail.com. We will honor such requests within a reasonable timeframe.
• Content must not be harmful. You may not post content that is defamatory, harassing, obscene, discriminatory, fraudulent, or that violates any applicable law.
• No spam or inauthentic activity. Do not post fake reviews, impersonate others, or manipulate ratings.

Proscenium reserves the right to remove any content or suspend any account that violates these Terms, at our sole discretion, without prior notice.

When using Proscenium, you agree not to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
• Use automated tools, bots, or scrapers to access or collect data from the App
• Attempt to circumvent any security features or access controls
• Use the App for any commercial purpose without our prior written consent
• Interfere with or disrupt the App, its servers, or connected networks
• Upload malware, viruses, or other harmful code
• Harvest or collect other users’ personal information without their consent

Proscenium offers an optional one-time “Support the Project” in-app purchase. This purchase:

• Is an optional contribution to support the development of the App
• Grants cosmetic perks, including a supporter badge and access to premium app icons
• Is non-refundable, except where required by applicable law (including Apple’s or Google’s refund policies)
• Does not provide access to additional features beyond those listed

All transactions are processed through Apple (App Store) or Google (Play Store). We do not directly handle payment information.

All content within Proscenium that is not user-generated — including the app design, logo, interface, and code — is owned by Daniel Tsivkovski and protected by applicable intellectual property laws. You may not copy, modify, or distribute any part of the App without written permission.

Proscenium may display images associated with theatrical productions — including production posters, promotional photography, and artwork — sourced from productions’ official websites and public promotional materials. These images remain the property of their respective rights holders. Proscenium does not claim ownership of any third-party production imagery.

Copyright Takedown Requests: If you are a rights holder and believe that content on Proscenium infringes your copyright, you may submit a takedown request to our designated agent at prosceniumtheatrereviews@gmail.com. Please include: (1) a description of the copyrighted work, (2) the specific content you wish removed, (3) your contact information, (4) a statement that you have a good faith belief the use is unauthorized, and (5) a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf. We will review and respond to valid requests promptly.

You agree to indemnify, defend, and hold harmless Proscenium and its developer, Daniel Tsivkovski, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App, (b) content you submit or post, (c) your violation of these Terms, or (d) your violation of any third-party rights.

Proscenium is provided “as-is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no guarantees regarding uptime, availability, accuracy, or the completeness of any content in the App, including production information, user reviews, and ratings. Your use of Proscenium is at your own risk.

We do not guarantee that the App will be error-free, secure, or uninterrupted. We are not responsible for any damage to your device or loss of data resulting from your use of the App.

To the maximum extent permitted by applicable law, Proscenium and its developer shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App, including but not limited to loss of data, loss of goodwill, or other intangible losses.

Our total aggregate liability for all claims related to the App shall not exceed the amount you paid to us (if any) in the twelve (12) months preceding the claim.

If you have a dispute with us, we encourage you to first contact us at prosceniumtheatrereviews@gmail.com so we can try to resolve it informally.

Any dispute that cannot be resolved informally shall be resolved through binding individual arbitration administered under the rules of the American Arbitration Association (AAA). Arbitration will take place in the State of California.

Class action waiver: You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as part of a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Small claims exception: Either party may bring an individual action in small claims court in the State of California if the claim qualifies.

We reserve the right to modify, suspend, or discontinue Proscenium (or any part of it) at any time, with or without notice, and without liability to you. We are not obligated to maintain, support, or update the App.

We reserve the right to suspend or terminate your account at any time if you violate these Terms or for any other reason at our sole discretion. You may delete your account at any time by contacting us or using the in-app account deletion feature.

Upon termination, your right to use the App ceases immediately. Sections of these Terms that by their nature should survive termination — including Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, and Governing Law — will continue to apply.

You acknowledge that these Terms are between you and Proscenium only, and not with Apple Inc. or Google LLC (“App Store Providers”). The App Store Providers are not responsible for the App or its content.

The App Store Providers have no obligation to provide maintenance or support for the App. To the extent permitted by applicable law, the App Store Providers have no warranty obligation with respect to the App.

You acknowledge that the App Store Providers are third-party beneficiaries of these Terms, and upon your acceptance, the App Store Providers will have the right to enforce these Terms against you as a third-party beneficiary.

Your use of the App is also subject to the applicable App Store Provider’s terms of service.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this page and make reasonable efforts to notify users through the App or via email. Continued use of Proscenium after changes are posted constitutes acceptance of the updated Terms.

If you have any questions about these Terms of Service, please contact: prosceniumtheatrereviews@gmail.com