SCREENPLAY AWARDS NETWORK TERMS OF SERVICE
Violation of these TOS may result in termination from the Website, and/or civil or criminal liability. The Company reserves the right at any time to terminate and restrict use of the Website or Services at any time for any reason at the Company’s sole discretion. The Company shall not be deemed liable for any failures in performance or interruption in Service resulting directly or indirectly from any circumstance beyond the control of the company, including but not limited to natural disasters, electrical failures, acts of God, governmental orders or regulations.
Description of Company
The Screenplay Awards Network provides of service for Screenplay Contests, Talent Agencies, Management Companies, Screenwriters, Directors, Producers, Filmmakers (“Partners”), and its subsidiaries (“Affiliates”) to collect screenplay submissions or creative works related to the development of screenplays for film and television. The Company analyzes all creative works through its contractors, employees, and agents for the purpose of informing and educating our Partners, Affiliates, and Customers (collectively “users”).
Modification to TOS
The Company reserves the right to modify the TOS at any time, with or without notice, and at the Company’s sole discretion. Therefore, all users are responsible to review these TOS whenever accessing the Website and using the Service. Any use of the Website and/or Services provided on the Website will constitute acknowledgement and acceptance of the TOS, as however modified. If at any time the user does not agree to the terms proposed in the TOS, the user may not use the Website nor the Service. Any proposed modifications by the user to the TOS are expressly rejected and shall have no legal relevance if it conflicts with the TOS.
All intellectual property residing on the website is protected by copyright, trademarks, service marks, and other proprietary rights and laws of the United States of America and other countries, and may not be reproduced, modified, redistributed, or used without the expressed written consent of the Company and the individual owners of the intellectual property. The Services provided on the Website are also protected under copyright, trademark, and patent law. By using the Website and/or Services, you agree to abide by all applicable laws, as well as any additional restrictions contained in the TOS in the future. All legal liability and ownership of any intellectual property submitted through the Website shall remain with the original rights-holder(s), unless otherwise expressed in a legally binding agreement. Content includes, but is not limited to any written, photographic, audible, visual, conceptual, graphical, or any piece of intellectual property.
Use of Material
By using the Website or Services, you agree to not use the Service or Website for unlawful purposes expressly prohibited by this TOS. All users are solely responsible for complying with all laws within or outside the United States of America from which the Website and Service may be accessed. You may not resell any Service provided through the Website, nor may you reproduce, distribute, or modify any Service in any way for commercial exploitation without the expressed written consent of the Company.
Partners/Affiliate representation and warranties
User hereby acknowledges that entering their Intellectual Property into a 3rd party screenplay competition, script coverage service, or film festival, through the Company’s Website is bound by the terms of the 3rd party partners and affiliates. It’s the responsibility of the user to research the validity of the 3rd party organization, and read and agree to their terms and conditions located on their 3rd party website, which is linked to in the user’s profile on the Website. User hereby indemnifies Screenplay Awards Network from any legal liability as it relates to the business dealings with the 3rd party partners and affiliates.
As a partner who administers or runs a screenplay contest, film festival, or script coverage service, you agree to display accurate information on the Website in regards to your organization, and agree to be bound by the terms and conditions stated on your 3rd party website. Screenplay Awards Network grants all approved partners a non-exclusive right to use the Website and its Services for the sole purpose of collecting, tracking, or managing screenplay submissions for the contest, festival, or script coverage service in accordance with the TOS and in adherence to all local, national, and/or international laws. All partners and affiliates agree to fulfill all commitments, prizes, and events expressed by the Partner on their respective website and/or profile located on the Website and indemnify Screenplay Awards Network from any legal liability in connection with any misrepresentation made by the 3rd party partner/affiliate, whether purposeful or accidental.
Accounting, Transactions, and Refunds
All submissions made through the Website will be received by the Company. Upon receipt of funds, the customer/user will receive an automatically generated confirmation receipt via email with a confirmation number. If the confirmation email is not received in a timely manner, it is the responsibility of the user to contact the Company and request a receipt. The user acknowledges that digital systems are subject to system errors and hold the Company harmless in the event that a receipt is not generated.
All approved partners and affiliates that create an account on the Website agree to the charges and fees administered by the Screenplay Awards Network for its services and transaction processing. The Screenplay Awards Network has the right, at its sole discretion, to make adjustments to any service fee pricing, whether individually or collectively, with or without notification to the partner or affiliate. Payment processing is facilitated by the Screenplay Awards Network via Stripe or PayPal. The Company collects all submission fees (gross receipts) from the user on behalf of the partner or affiliate and deducts service fees and transaction fees from each submission. Gross receipts, minus service fees, and transaction fees are considered a net payment to be paid to the partner/affiliate between the 1st-10th of each month for the prior calendar month, through electronic funds transfer using the PayPal email address provided by the partner or affiliate. The Company has the right to withhold funds at any time if the Company determines it to be necessary for the settlement of any unsettled service fees, transaction fees, refunds, disputed charges, chargebacks, allegations of fraud, or any discrepancy in as it permits to the collection of funds. It’s the sole responsibility of the partner or affiliate to communicate any refund policy to the customer/user via terms and conditions residing on the partner or affiliate website and to correspond with the Screenplay Awards Network in the facilitation of any refunds. All partners and affiliates must ensure their refund policy adheres to the refund policy stated hereto. All communication regarding refunds will be facilitated by the partner or affiliate, and all partners and affiliates agree to indemnify the Screenplay Awards Network of any refunds, issues related to refunds, or inability to issue a refund. Notwithstanding the foregoing, Company has the right to refund any and all submission at any time for any reason, in good faith, including but not limited to complaints, allegations of fraud, or misrepresentations by the partner or affiliate.
All digital products, including but not limited to mentorships, courses, tutorials, information products, and tutorial products sold by the Screenplay Awards Network are non-refundable after 24 hours of purchase due to the nature of the products, their ability for download, and the proprietary access to information that can easily be copied, recorded, and stored.
All partners and affiliates are solely responsible to report the correct amount of taxes to the applicable government authority. The Company does not give any legal or tax advice, and all partners and affiliates agree to reimburse the Company for all costs and expenses in the event that governmental authority requires Screenplay Awards Network to pay on behalf of the Partner or Affiliate.
User Conduct, Restrictions, and Rights
The user understands that they are liable for all data, content, intellectual property, photographs, graphics, claims, and representations posted to the Website, and take sole responsibility for all content uploaded or publicly disseminated through the user, partner, or affiliate account residing on the Website and on their own 3rd party websites. All users agree not to engage in unlawful, harmful, defamatory, vulgar, or objectionable behavior, and to not impersonate, fraudulently misrepresent, or falsify any affiliation with any person or entity in a manipulative or coercive manner. Under no circumstances will the Company be liable for any content transmitted through the Website. The Company reserves the right to terminate access to Services at any time due to any behavior the Company, at its sole discretion, deems to be unacceptable, harmful, abusive, vulgar, objectionable, or unethical. All users, partners, and affiliates agree not to upload any content that is unlawful, defamatory, invasive of another’s privacy, fraudulent, and to not transmit viruses or any computer code, files, or programs designed to interrupt, hack, or limit the functionality of the Company’s software, hardware, communications equipment, or interfere and disrupt with the Website and/or Service in any way which violates laws both foreign and domestic. All users acknowledge that the Company does not pre-screen content, but may, at the Company’s sole discretion, alter or remove, in whole or in part, any content from the Website in good faith. The Company aims to protect the rights, property, and safety of all users, partners, and affiliates insomuch as it doesn’t violate the TOS.
User Scripts & Data
All rights to any story, screenplay, ideas, scenarios, treatments or manuscripts are the property of the rights holder as per United States copyright law. When a user submits a script, logline, outline, manuscript, or treatment of a screenplay to the Company Website or any of its 3rd party partners or affiliates for the use of Company’s Services, the user thereby grants permission to the Company and its 3rd party partners and affiliates, the right to transmit, display, distribute, reproduce, copy, and disseminate the intellectual property to any 3rd party administrator, analyst, agent, judge, contractor, employee, or professional member of the Company who may be hired to provide direct or indirect Services. User acknowledges that user is solely responsible for intellectual property submitted to the Company and any 3rd party partners and affiliates, and that the intellectual property submitted will be viewed by 3rd parties for the facilitation of the Service. By being a user of the Website and purchasing Services through the Website, the user gives permission to the Company to communicate through email with the user in regards to the user’s account, any Services provided through the Website or it’s partners and affiliates. By using the Company’s Services, the user hereby gives the Company permission to analyze the intellectual property, the user’s data, and all user metrics as it relates to the Service, customer behavior, for any purpose including but not limited to IT development, digital marketing, improvement of company processes, and professional networking.
Use of Software
Screenplay Awards Network has licensed the software on the Website, and all software or hardware remains the property of the Company. The Company hereby grants to the user a non-transferable, non-sublicensable, revocable, non-exclusive license to use the software solely in connection with the Service, and only in accordance with the TOS. Software will be defined as all software functions available through the Website, or otherwise provided by the Company. Under these TOS, the software provided by the Company is deemed part of the Services hereunder. The user accepts any risks associate with the Software or errors in the Software. Furthermore, the user agrees not to use any information contained within the Website or Service in any manner that creates competition for the business of the Company. The user agrees to protect the best interests of the Company, during and after the term of this agreement, and to report any breach in copyright, trademark, patentable, contractual, or common law. Users have no rights or licenses to the use of the software outside of the limited use granted through the utilization of the Service in accordance with the TOS. All uses of the Website and Service are for the user’s own personal use and not for any commercial use.
Restriction of Use
User is prohibited from copying, modifying, reproducing, reverse engineering, creating derivative works, through the exploitation of the Service, outside of the regular business practices and processes of the Company. Modification or exploitation of any content is a violation of the Company’s TOS and violates copyright law. By using the Website and its Services, the user acknowledges that they have no ownership or interest in any copyrighted or trademarked content outside of their own property. All users agree not to spam clients with unsolicited emails or spam materials derived from the Website or Services.
All rights, both present and future, to patents, copyrights, business secrets, business processes, and any propriety rights of any type, including any and all intellectual rights relating to the Service, shall at all times remain the sole and exclusive property of the Company. The users may not use the Company’s property, name, trademarks, copyrights, or names of any individuals connected with the Company for any purpose without the expressed written consent of the Company.
Limitation of Liability
By using the Website and Services, the user agrees that the Company shall not be liable under any circumstance, under any legal jurisdiction, with respect to the Services or any subject matter of this TOS for: i) any indirect, punitive, incidental, or consequential damages due to, but not limited to, damages for loss of profit, reputation, use of data, or any intangible losses; ii) any loss in revenue due to being terminated from the Website; iii) any matter outside of the Company’s reasonable control. The Company shall bear no liability resulting from the dissemination of any content by the user of the Service. The user understands that the use of the Service is at the user’s own risk and that the Company makes no warranty of any kind as to the Services sold or advertised, including any claims of efficacy pertaining to the Service and it’s particular purpose of use. The Company does not warrant that Service is congruent with the user’s purpose of use, or that the Service is free of errors, viruses, or malfunctions. The Company is not liable for any damages the user, partner, or affiliate may suffer as a result of using the Website or Service, and the user agrees to indemnify the Company, its employees, contractors, 3rd party partners or affiliates from any damages caused by its employees, contractors, subcontractors, agents, or arising from any connection with the Company and its Services. The Company shall not be liable for any losses in revenue, profits, future profits, lost business, punitive damages caused by any failure in part by the Service, the Website, or its effects on the user’s equipment. All partner and affiliate websites are not under the control of the Company, therefore the Company is not responsible for any inaccuracies on other websites. The Company makes no warranty, expressed or implied, with respect to the Service, nor does the Company guarantee the outcome, accuracy, adequacy, or usefulness of the Website and its Services. The Company is also not liable to make the Website and Services available to Users and may withdraw any and all Services at any time should the Company choose. In no event shall the Company be liable for any unfulfilled expectations on part of any user of the Website or Service. All users, whether in application or in communication, of the Company’s Services, Website, staff, personnel, affiliates, or professionals are at the user’s own risk. At no time shall the user of the Website or Service make a claim against the Company arising out of the content, including but not limited to any claim arising from defamation, invasion of privacy, or lack of adequacy or expectation set for the Website or Service. The Company does not indemnify the user against any claim for copyright infringement or any other claims.
Third Party Websites
As part of the Website and its Services, third party links will exist on the Website, which lead to other websites residing outside of the Website. The Company has no control over other websites, their content, resources, claims, and endorsements, and do not endorse or take responsibility or liability for any content, advertising, means of advertising, products, promises, claims or material available on such third party websites. By using the Website and Service, you agree that the Company is not responsible for any damages caused in connection with the content, advertising, products, or services expressed on third party websites shared on the Company Website.
The user’s use of the Website and its Services does not grant the Company any ownership or rights to any copyrighted story elements or intellectual property, but by using the Website and its Services, the user agrees that any uploaded content, including screenplays, loglines, outlines, treatments, manuscripts, pictures, or data submitted through the Website is accessible by the Company and the user hereby grants the Company a non-exclusive, unrestricted, royalty-free, perpetual license to promote the user and the user’s content in connection with the Website and its Services, including but not limited to video/audio discussions regarding the content, the user, the nature of the content as it relates the Service, and the user at it relates to Service and content. The user agrees that any educational content manufactured by the Company in relation to the user’s content is the sole property of the Company and for the purpose of educating all users of the Website and Service. The user indemnifies the Company against any claims of damage resulting from the dissemination of such educational content, and may in good faith request the Company to withdraw the educational content in relation to the user’s content upon written request to firstname.lastname@example.org
Any dispute, claim or controversy arising out of or relating to the TOS and use of the Service, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the TOS to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures [and in accordance with the Expedited Procedures in those Rules] [or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. There is no need for arbitration if the matter can be resolved in small claims court.
It is common practice for a contract clause to provide for negotiation and/or mediation in advance of arbitration. Such clauses represent the most cost-effective means of resolving a dispute because they often lead to an early settlement. Unless drafted with care, however, such clauses can also have negative side effects since they can be a vehicle for delay and can result in required but empty negotiations where one or all parties have no intention of moving toward a settlement. In JAMS’ experience, such downsides can be greatly minimized by setting strict deadlines marking the early ends of the negotiation and mediation periods.
The user and the Company agree that each may bring claims against one another in an individual capacity. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of class, consolidated or representative proceeding.
The user agrees to indemnify the Company, its partners, affiliates, employees, contractors, judges, users, financiers, sponsors, and any agents harmless from any claim arising from the transmission of content from the user, in relation to the use of the Website and its Service. The user also indemnifies any entertainment industry producer, director, manager, agent, executive, company or studio who may download the user’s screenplay, treatment, manuscript. Logline, or synopsis.
This TOS constitutes the entire agreement between the user and the Company and governs the use of the Service, superseding any prior agreements, understandings, discussions, or communications between the user and the company. Furthermore, the user may be subject to the terms and conditions of 3rd party partners and affiliates in a manner other than is expressed in this TOS.