| Industry Standard Material
Release Form / Terms of Service -
I will be submitting to you certain original materials with the intent of
exposure and submission to television industry executives at the discretion of
TVWritersVault.com. This intent is with the following express understanding and
conditions:
I acknowledge that I have requested
permission to disclose and submit to
TVWritersVault.com,
and it's operating executives for Tell-A-Vision Ventures (hereunder, "TVWritersVault.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 TVWritersVault.com will be regarded as protected
material as stated in the "Confidentiality Agreement".
I agree that
TVWritersVault.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 TVWritersVault.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
TVWritersVault.com is not responsible
for preserving or returning all or any portion of the material to me.
I acknowledge that
TVWritersVault.com
has no intent to compensate me directly, and I have no expectation of
receiving any compensation from
TVWritersVault.com. Any compensation for purchase of
intellectual property will be done so by the reviewing third-party
"Industry Member" (production company or network). I acknowledge
that any discussions I may have with any third party as a result
of submitting materials to TVWritersVault.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
TVWritersVault.com, then I agree
TVWritersVault.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 since many concepts for television fall within the same
genre and are similar in format, changing content and elements to
any pitch I submit, during the posting period of my show, can
effectively create a new show from the original submission I have
made. I understand and
agree with the policy of
TVWritersVault.com to not allow
writers to enter the database for post-editing of their show during the
allotted period of presentation. Only changes approved by the site
administrator will be allowed.
I further
acknowledge and accept that all project statuses listed in the my
password protected Project Status page are selected and
administered at the discretion of member companies, and only upon
receiving a "Requesting Contact with Writer" status will
TVWritersVault.com forward my contact information to that Company
or Executive inquiring. I also understand and accept that
TVWritersVault.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 TVWritersVault.com. Further to this, I understand and agree
in entirety to the TVWritersVault.com Writer/Executive Relations
Protocol, and that it is put in place to preserve the relations
with subscribing company members who search the TVWritersVault.com database and ultimately buy our
posted intellectual properties.
I agree the services, products and materials on or from this
website or otherwise from TVWritersVault.com are provided "As Is"
and without representations or warranties of any kind, either
express or implied. TVWritersVault.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 TVWritersVault.com nor any of our respective licensors or
suppliers 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 or
suppliers warrant or make any representationis 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
TVWritersVault.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 TVWritersVault.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
incidential, 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
TVWritersVault.com, if any, for accessing the site.
This agreement is applicable to any and all materials submitted at
any time during membership with
TVWritersVault.com. Any dispute arising out of or related to these
Industry Standard Material Release Form/Terms of Service or the transaction between
TVWritersVault.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
TVWritersVault.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 TVWritersVault.com and is
"Reversed" by the merchant services for Tell-A-Vision Ventures 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 Tell-A-Vision Ventures and pursued by
the full authority of collection agencies and the merchant
services fraud department. TVWritersVault.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: TVWritersVault.com provides direct link for electronic mail
requests to discontinue services and recurring membership payment.
I understand and agree that it is my responsibility to request to
discontinue recurring membership charges to my account, and that
any request after such charge will only apply to the next billing
date. 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 writer has
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
TVWritersVault.com
By typing "I AGREE" (in all-caps) as my
electronic and binding signature in the space provided, I confirm I have
reviewed, understand and agree to TVWritersVault.com’s 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 TVWritersVault.com and/or any
of the services provided by TVWritersVault.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 "Tell A Vision Ventures,
Inc." :
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