SCRIPT SERVICES – TERMS AND CONDITIONS
The following terms and conditions constitute an agreement between you and Film Scriptic, (“Film Scriptic,” “we” or “us”), sponsor and promoter of script services, a unique opportunity for screenwriters to obtain constructive criticism on their scripts and take their work to the next level. This agreement (the “Agreement”) governs your subscription to our services; and in the event you breach any of the provisions herein, Film Scriptic reserves the right to immediately terminate your participation and retain all associated fees.
- DEVELPMENT OPTIONS AND FEES
As part of the script services, we offer the following, as described on our website,www.filmscriptic.com (the “Site”) and you may partake in any or all of the Services for the associated fees, as listed on the Site, at your election:
- Free Screenplay Analysis/Development Notes
- Paid Screenplay Analysis/ Development Notes
- Paid Consultation
In connection with your purchased or won services, you are entitled to submit to Film Scriptic one (1) original screenplay or motion picture script (the “Script”) for review and critique. You understand and acknowledge that our evaluation of the Script/script details may be negative or non-complimentary. You further agree that should Film Scriptic ever present the Script/script details to any third party, we will not be serving as your literary agent; rather, we will be acting solely as an intermediary between you and said third party. We expressly waive all responsibilities imposed on agents by law or otherwise typically undertaken by agents, including but not limited to negotiating with any third parties on your behalf. In addition, you may not submit any Script/script details that: (i) infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any third party; (ii) harasses or advocates harassment of a third party; or (iii) which is threatening, obscene, defamatory, libelous, unlawful or promotes or encourages illegal activity.
- YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant the following:
- You are the exclusive owner and sole author of the Script/script details, such that the Script/script details is your original creative work and your submission thereof will not infringe, misappropriate or violate the intellectual property, privacy or other rights of any third party; and/or you have obtained prior written authorization to act on behalf of any co-creators of the Script/script details;
- Neither your execution of this Agreement nor your participation of in the Service, including your submission of the Script/script details, will conflict with or violate any term or condition of any other agreement to which you are a party, including but not limited to any union or guild regulation;
- There are no threatened, pending or current claims, actions or lawsuits in connection with the Script/script details and you agree to notify Film Scriptic immediately upon your notification of any such claims, actions or suits;
- You are submitting the Script/script details voluntarily;
- You are at least eighteen (18) years of age; and
- You have the right, authority, and capacity to enter into the Agreement, and you agree to abide and be bound the terms and conditions herein.
- INTELLECTUAL PROPERTY RIGHTS
By accepting your submission of the Script/script details, we in no way grant you any additional rights therein or otherwise expand the scope of your rights under applicable copyright laws. You are solely responsible for protecting your rights in the Script, including without limitation for filing or registering the Script/script details. You acknowledge and agree that Film Scriptic may independently access or develop creative concepts and/or works which resemble the Script/script details or incorporate similar concepts, themes, formats, plot lines and characters to those in the Script/script details and that you are not entitled to any compensation and have no rights of any kind in connection therewith. However, you retain all rights to the Script/script details itself and any material submitted to Film Scriptic.
You hereby consent to our use of your full name in connection with the Script/script details via any media now known or later developed, for promotional, marketing or any other purposes we deem appropriate, in our sole discretion. You acknowledge and agree that you will not be entitled to any compensation as a result thereof.
- INDEPENDENT CONTRACTORS
The relationship between you and Film Scriptic is one of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE EVENT, INCLUDING THAT IT IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. WE DO NOT GUARANTEE YOUR SUBMISSION ANDSUBSEQUENT FEEDBACK RECEIPT WILL RESULT IN ANY PROFESSIONAL ADVANCEMENT OR ACHIEVEMENT OR THAT YOU WILL OBTAIN ANY PARTICULAR RESULT FROM USING OUR SERVICES, INCLUDING THAT THE SCRIPT IN QUESTION WILL EVER BE PURCHASED OR REQUESTED BY ANYONE AT ANY TIME TO SERVE AS THE BASIS OF A MOTION PICTURE OR OTHERWISE.
- LIABILITY LIMITATIONS
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE REFUND OF THE REMITTED FEES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR SUBMISSION, REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF ANY FEES YOU REMITTED TO FILM SCRIPTIC IN CONNECTION WITH THE SERVICE. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATED TO YOUR APPLICATION OR INABILITY TO ENJOY THE SERVICE EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Upon a request by us, you agree to defend, indemnify, and hold harmless Film Scriptic, our employees, members, agents and affiliates from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to your use of our services, including but not limited to your submission of the Script/script details, and/or your breach of the Agreement. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of Film Scriptic’s gross negligence or intentional misconduct.
We may terminate this Agreement immediately upon your breach of any of the terms or conditions hereof or your violation of any other policies posted on our website, www.filmscriptic.com (the “Site”), as determined in our sole discretion. In such event, we will not render and you are not entitled to receive a refund of any fees or portion thereof paid to Film Scriptic in connection with the services provided. Film Scriptic shall not be liable to you or any third party for any such termination. You may terminate the Agreement at any time by emailing us at: email@example.com; provided however, that voluntary termination shall in no way relieve you of your responsibility to remit payment for all fees associated with your selected
- GENERAL PROVISONS
Our failure to enforce any of our rights under this Agreement shall not be construed as a waiver of such rights. No changes or modifications or waivers to this Agreement will be effective unless in writing and signed by Film Scriptic. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between you and us and supersedes all previous written or oral agreements concerning our services.
Both parties may assign their respective rights hereunder at any time, including but not limited to as part of a sale, merger or transfer, but any such assignment shall not relieve the assigning party of its obligations under the Agreement. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
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