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TVFilmRights.com is an entertainment industry
marketplace for scouting original intellectual properties,
stories, scripts, formats, books and other written properties in
all genres of the television, film and publishing industries.
Registrants and Users are bound to the terms of this agreement
with electronic signature, and I.P. Address Identifiers.
Executive and Agent Non-Disclosure / Terms
of Service -
I confirm that I am a current
executive at the Company name I have registered, and I have the
right to source and scout new material as a representative of
the Company.
I understand that by registering and
using TVFilmrights.com
as an entertainment industry executive, I (the "Company") will
be given access to descriptions and certain details pertaining
to original material (all such material, the "Confidential
Information") created by third party entities and that all such
information will be proprietary and confidential information
that belongs solely to that third party (writer, representative,
publisher, or other registrant of the Confidential Information
and Material). I agree that I will not disclose, utilize or
otherwise exploit any of the Confidential Information and
Material in any way, including, but not limited to, pitching to
other third party entities for initial interest prior to any
formal negotiation for bona-fide deal.
I further acknowledge that any
discussions that the Company and Writer, Creator, or Registrant
may have with respect to the Material shall not constitute any
agreement, express or implied, as to any partnership with the
Writer or any other involvement with the Material unless and
until a bona-fide written option-agreement is executed by both
parties.
I understand and agree that
TVFilmrights.com may
publish the Company name in any advertising of it's website
services to disclose their use of
TVFilmrights.com The
official name of Company is automatically listed within the
publication of it's website Company Members List for view by
potential users of the site. This information will be published
to the World Wide Web and potentially indexed by search engines.
I acknowledge and agree that a
breach of this Confidentiality Agreement cannot be adequately
compensated by damages, and I agree to enforcement of the
provisions of this Agreement by injunction or other equitable
remedy in addition to all remedies available at law.
Furthermore, Company agrees to indemnify and hold harmless
TVFilmrights.com, all
of it's executives, employees, related companies, associates and
agents against any issues of liability or lawsuits resulting
from any infringement by Company of any material submitted
directly or indirectly by Writers or Registrants via use or
referral of this website.
I understand and agree with
TVFilmrights.com User
Protocal as outlined for registering members, and will report
back to
TVFilmrights.com
any member who makes unsolicited inquiry regarding information
of project status shared within their project status page. I
further understand and agree that by selecting a "Requesting
Contact" status for any project, that the registrant's direct
contact information will be provided to Company by executives at
TVFilmrights.com, and
it is Company's sole responsibility and discretion to contact
the registrant. I understand that if Company does not contact,
or make reasonable attempt to contact a registrant regarding any
"Requesting Contact" status selection for any specific project,
TVFilmrights.com may
give that registrant the executive's contact information to make
direct inquiry. I understand that all project status selections
are at the sole discretion of Company executive using
TVFilmrights.com
database, and it is the Company executive's responsibility to
update or change any status as Company desires.
Publicity & Promotion: I
understand and agree that
TVFilmrights.com retains the right to publicize and promote
any partnership, agreement, option, sale, development deal,
acquisition, either formal or informal with any member or Entity
at
TVFilmrights.com
that I attain as a result of scouting projects and networking
via
TVFilmrights.com
and its executives.
TVFilmrights.com retains the right to disclose the
identities or all parties involved, and general project details
for use in promoting the interests and brand of
TVFilmrights.com as an
active industry entity by use of any and all forms of media
whether now known or hereafter devised.
I hereby state that I have read
and understand this agreement and that no oral representations
of any kind have been made to me and that this agreement states
our entire understanding. I acknowledge that but for my
agreement to the above terms and conditions, you would not
permit me to receive the Confidential Information.
By typing "I Agree" in the space
provided within the Industry Executive Registration form, I
understand and agree to all terms of use for
TVFilmrights.com as
outlined above.
Project Submission Material Release:
I will be submitting to you
certain original materials with the intent of exposure and
submission to motion picture and television industry executives
at the discretion of
TVFilmRights.com. This intent is with the following express
understanding and conditions:
I acknowledge that I have
requested permission to disclose and submit to
TVFilmRights.com and
it's operating executives for
TVFilmRights.com
certain materials that may or may not be protected under
copyright law, and it is my own responsibility to seek
protection by registering those materials with the Writers Guild
of America or
CreatorsVault.com at my own discretion. All materials
reviewed by industry members of
TVFilmRights.com will
be regarded as protected material as stated in the
"Confidentiality Agreement".
I agree that
TVFilmRights.com has
no obligation to me in any respect with regard to such material
being "optioned" or "sold" to any third party, and that any
negotiations involved with any third party will be done so by a
representative of my choice with that third party. I also
understand that the
TVFilmRights.com is one of many sources and tools used by
its member companies for scouting projects at their own free
will and I am in no way guaranteed that any or all member
companies will choose to make official review of my project(s).
I understand that any interest or review of my project(s) is of
a subjective nature, and that each executive or member company
can "pass" or choose not to review my project for any reason.
I understand that
TVFilmRights.com is
not responsible for preserving or returning all or any portion
of the material to me.I acknowledge that
TVFilmRights.com has
no intent to compensate me directly, and I have no expectation
of receiving any compensation from
TVFilmRights.com. Any
compensation for purchase of intellectual property will be done
so by the reviewing third-party "Industry Member" (production
company, network, or agency). I acknowledge that any discussions
I may have with any third party as a result of submitting
materials to
TVFilmRights.com regarding the possible purchase of my
original materials does not constitute any agreement, expressed
or implied, as to any actual acquisition of those materials
which I am hereby disclosing to you.
If the material submitted herein
is not new or novel, or was not originated by me, or has not
been reduced to concrete form, or is similar to any material
submitted by, or created by any other subscriber before this
time and hereafter in perpetuity to
TVFilmRights.com, then
I agree
TVFilmRights.com
shall not be liable to me for use of such material under the
laws of Intellectual Property Rights. I hereby warrant and
represent: 1. that said material was created and/or is solely
owned by me and no other person, firm or corporation has any
right, title or interest therein or thereto; 2. that I have full
right to submit same to you upon all of the terms and conditions
stated herein; and 3. that the description of said material as
set forth herein contains all of the elements thereof. I will
indemnify you from any and all claims, loss or liability
(including reasonable attorney's fees) that may be asserted
against you or incurred by you at any time in connection with
said material or any use thereof, arising from any breach or
alleged breach of these warranties.
I understand and agree that due
to the position and process of the
TVFilmRights.com
Industry Members (Producers, Agents, Executives, and other
Industry Representatives) , Industry Members retain the right to
develop and produce projects of similar theme, subject, format,
or nature, and any request or review of material does not
suggest or imply any agreement or obligation with respect to
such material. Industry Members are involved in a subjective
process, and may determine for any undisclosed reason that they
are "passing" on any material reviewed .
I further acknowledge and accept
that all project status' listed in my password protected Project
Status Page are selected and applied at the discretion of member
companies, and only upon receiving a "Requesting Contact with
Writer" status will TVFilmRights.com
forward my contact information to that Company or Executive
inquiring. I also understand and accept that
TVFilmRights.com has
no control or obligation to any status selection by member
Companies and I will not make unsolicited inquiry to member
companies regarding any status or project unless requested to do
so by
TVFilmRights.com.
Further to this, I understand and agree in entirety to the
TVFilmRights.com
Writer/Executive Relations Protocol, and that it is put in place
to preserve the relations with subscribing company members who
search the
TVFilmRights.com database and ultimately buy our posted
intellectual properties.
I agree the
services, products and materials on or from this website or
otherwise from
TVFilmRights.com
are provided "As Is" and without representations or warranties
of any kind, either express or implied.
TVFilmRights.com
disclaims all warranties to the maximum extent of the law,
express or implied, including but not limited to implied
warranties of merchantability and fitness for a particular
purpose. Neither
TVFilmRights.com
nor any of our respective licensors, executive members, or
affiliates represent or warrant that any functions contained in
this website will be uninterrupted or error-free, that defects
will be corrected, or that the website or the server that makes
them available are free of viruses or other harmful components.
Neither TVWritersVault.com nor any of our respective licensors,
executive members, or affiliates warrant or make any
representations regarding the use or the results of the use of
the services, products or materials in this site in terms of
their correctness, accuracy, reliability, or otherwise.
Applicable law
may not allow the exclusion of implied warranties, so the above
exclusion may not apply. To the extent any warranty cannot be
disclaimed, a limited explicit warranty is given by
TVFilmRights.com
to the exclusion of any other remedy to, in our discretion,
either A) Replace the services, products and materials with such
services, products and materials that do not breach a warranty
if such breach is identified to us within 30 days of payment, or
B) Refund of the monies paid for the particular services,
products and materials. By accessing this site, I understand
that I may be waiving rights with respect to claims that are at
this time unknown or unsuspected, and in accordance with such
waiver. I acknowledge that I have read and understand, and
hereby expressly waive the benefits of section 1542 of the civil
code of California, and any similar law of any state or
territory, which provides as follows: "A general release does
not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release,
which if known by him must have materially affected his
settlement with the debtor."
Under no
circumstances, including but not limited to negligence, will
TVFilmRights.com
or any of our Licensors or suppliers be liable for any special
or consequential damages that result from the use of, or the
inability to use, the materials on the website, or any products
or services provided pursuant to the website, even if advised of
the possibility of such damages. Applicable law may not allow
the limitations or exclusion of liability for incidental,
consequential or other damages, so the above limitation or
exclusion may not apply. In no event shall the total liability
of TVWritersVault.com or any of its licensors or suppliers for
all damages, losses, and causes of action (whether in contract,
tort, or otherwise) exceed the amount paid by me to
TVFilmRights.com,
if any, for accessing the site. This agreement is applicable to
any and all materials submitted at any time during membership
with
TVFilmRights.com
Any dispute arising out of or related to these Industry Standard
Material Release Form/Terms of Service or the transaction
between
TVFilmRights.com
and I shall be governed by the laws of the State of California,
without regard to its conflicts of law rules. I consent to the
exclusive jurisdiction and the exclusive venue of the State
Courts of the State of California, San Diego County, to resolve
any dispute related hereto, and I waive all rights to contest
this exclusive jurisdiction and venue of such Courts.
To the maximum
extent allowed by applicable law, I further agree that I will
not make or conspire in any disparaging statement or libelous
publication concerning
TVFilmRights.com,
or any of its affiliates or subsidiaries, except as may be
required by law.
Charge-backs and Payment
Disputes: I agree that any charge-back made by my financial
institution denying payment for services rendered by
TVFilmRights.com and
is "Reversed" by the merchant services for
TVFilmRights.com and
my financial institution, I am obligated and in agreement to pay
a $25.00 "charge-back reversal fee". Such a fee will be applied
immediately to my account by
TVFilmRights.com and
pursued by the full authority of collection agencies and the
merchant services fraud department.
TVFilmRights.com will
provide any financial institution disputing charges, full
records of account confirmation, activity, and terms of service
agreement with electronic I.D. recording of fulfillment of
services to all authorities and financial institutions
necessary. For any returned personal check, a $25.00
administration fee will be imposed, and non-negotiable by
financial institutions.
Membership Cancellation:
TVFilmRights.com
provides direct link to paypal to discontinue
subscriptions. I understand and agree that it is my responsibility to
self administrate cancellation of any recurring membership
charges I have subscribed to. My account will remain in full
active standing through the remainder of the current full
membership period. Any demand for refund of membership fees will
not be granted if I have already received industry review by any
member company during any period of membership. I hereby state
that I have read and understand this agreement and that no oral
representations of any kind have been made to me and that this
agreement states our entire understanding. I acknowledge that
but for my agreement to the above terms and conditions, you
would not accede to any request to receive and consider the said
material which I am submitting to
TVFilmRights.com
Right to Publicity & Promotion:
I understand and agree that
TVFilmRights.com
retains the right to publicize and promote any partnership,
agreement, option, sale, development deal, acquisition, either
formal or informal with any Industry Member or Company at the
TVFilmRights.com that
I attain as a result of archiving any of my materials under my
membership. The
TVFilmRights.com retains the right to disclose the
identities or all parties involved, and general project details
for use in promoting the interests and brand of the
TVFilmRights.com as an
active industry entity by use of any and all forms of media
whether now known or hereafter devised.
I accept that TVFilmRights.com
may use my email address to communicate news, promotions, or
other information to me. TVFilmRights.com agrees to keep my
information private and will sell or disclose for benefit my
email address.
By typing "I Agree" as my
electronic and binding signature in the space provided, I
confirm I have reviewed, understand and agree to TVFilmRights.com
terms of service and Industry Standard Material Release
Form/Terms of Service and that the terms and conditions of such
shall govern me and my use of
TVFilmRights.com
and/or any of the services provided by
TVFilmRights.com,
including but not limited to i) any submission by me as a writer
or ii) any review of the materials of others contained herein.
All billing will be processed as "TVFilmRights.com."
copyright 2010 TVFilmRights.com
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