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Terms & Conditions

Conditions of use for the Screenplay Prep website


Ownership of Site - Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the The Screenplay Prep web site located at www.screenplayprep.com, and all associated sites linked to www.screenplayprep.com by Screenplay Prep, its subsidiaries and affiliates. The Site is the property of Screenplay Prep. (“Screenplay Prep”) and its licensors.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

Screenplay Prep reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Screenplay Prep grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

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Content



All text, graphics, scripts, screenplays, photographs, trademarks, logos, sounds, music, and artwork (collectively known as, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Screenplay Prep, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Screenplay Prep’s express prior written consent.

You may use information on Screenplay Prep website and services (such as data sheets, News/blog articles, and similar materials) purposely made available by Screenplay Prep for downloading from the Site, provided that you:

  1. do not remove any proprietary notice language in all copies of such documents.

  2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media.

  3. make no modifications to any such information.

  4. do not make any additional representations or warranties relating to such documents.

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Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Screenplay Prep reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Screenplay Prep server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Screenplay Prep, including any Screenplay Prep account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Screenplay Prep’s systems or networks, or any systems or networks connected to the Site or to Screenplay Prep.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Screenplay Prep on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Screenplay Prep or others.


Purchases - Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference.

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You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Screenplay Prep’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Screenplay Prep may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Screenplay Prep makes no commitment to update the materials on the Site with respect to such products and services.


Accounts, Passwords and Security



Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Screenplay Prep immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Screenplay Prep or any other user of or visitor to the Site due to someone else using your Screenplay Prep, password or account.

You may not use anyone else’s account at any time without the express permission and consent of the holder of that password or account. Screenplay Prep cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.


Links to Other Sites and to the Screenplay Prep Website



This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Screenplay Prep’s control, and Screenplay Prep is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

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Disclaimers



Screenplay Prep DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Screenplay Prep CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Screenplay Prep DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Screenplay Prep DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Screenplay Prep SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Screenplay Prep FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Screenplay Prep reserves the right to do any of the following, at any time, without notice:

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  1. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason

  2. to modify or change the Site, or any portion of the Site, and any applicable policies or terms

  3. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.



Limitation of Liability



Except where prohibited by law, in no event will Screenplay Prep be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Screenplay Prep has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Screenplay Prep is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Screenplay Prep’s liability shall in no event exceed the greater of:
the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Screenplay Prep (but not including the purchase price for any hardware or software products or any services, or $100.00).
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.


Indemnity



You agree to indemnify and hold Screenplay Prep, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Screenplay Prep by any third party due to or arising out of or in connection with your use of the Site.


Violation of These Terms of Use



Screenplay Prep may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Screenplay Prep’s rights or property, or the rights or property of visitors to or users of the Site, including Screenplay Prep’s customers. Screenplay Prep reserves the right at all times to disclose any information that Screenplay Prep deems necessary to comply with any applicable law, regulation, legal process or governmental request. Screenplay Prep also may disclose your information when Screenplay Prep determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

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You acknowledge and agree that Screenplay Prep may preserve any transmittal or communication by you with Screenplay Prep through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Screenplay Prep determines that such preservation or disclosure is reasonably necessary to:

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  1. Comply with legal process.

  2. Enforce these Terms of Use.

  3. Respond to claims that any such data violates the rights of others.

  4. Protect the rights, property or personal safety of Screenplay Prep, its employees, users of or visitors to the Site, and the public.


You agree that Screenplay Prep may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Screenplay Prep, for which monetary damages would be inadequate, and you consent to Screenplay Prep obtaining any injunctive or equitable relief that Screenplay Prep deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Screenplay Prep may have at law or in equity.
You agree that Screenplay Prep may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):

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  1. Requests by law enforcement or other government agencies.

  2. A request by you (self-initiated account deletions).

  3. Discontinuance or material modification of the Site or any service offered on or through the Site.

  4. Unexpected technical issues or problems.


If Screenplay Prep does take any legal action against you as a result of your violation of these Terms of Use, Screenplay Prep will be entitled to recover from you, and you agree to pay, all reasonable solicitor fees and costs of such action, in addition to any other relief granted to Screenplay Prep. You agree that Screenplay Prep will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
 

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Intellectual Property Rights



The rights to your scripts/screenplays, ideas, synopses, pitches, treatments, or any other submitted documents are owned exclusively by you. We do not hold these rights. We will safeguard your data’s privacy and security.

Other than content you own, which you may have opted to include on this Website, under these Terms, Screenplay Prep and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.


Governing Law - Dispute Resolution



You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by and construed exclusively in accordance with the laws of the State of California and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts located in Los Angeles County, California for the purposes of adjudicating any matter arising from or in connection with this Agreement. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Screenplay Prep and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.



Feedback and Information



Any feedback you provide at this site shall be deemed to be non-confidential. Screenplay Prep shall be free to use such information on an unrestricted basis.


This web site's content is subject to change without notice as and when necessary.



Date Modified - Wednesday, 9 September 2020

 

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