AGREEMENT:
I acknowledge that I am verbally pitching or submitting material to Fadeinonline dba Next-Level Scribe dba Hollywood Pitch Festival dba Fade In Awards for evaluation and professional feedback by industry representatives taking part (hereinafter referred to as “they” or “them”) herewith the following material (e.g., pitches, scripts, sizzle reel, synopses, show bible, etc.) – hereinafter referred to as “said Material.”
I enter into this agreement with the express understanding that they will hear and evaluate said material, and they hereby agree to do so in express reliance upon this agreement and my covenants, representations and warranties contained herein, and that in absence of such an agreement, they would not read or evaluate said material.
I warrant that I am the sole owner and author of said material, that I have registered said material with the Writers Guild and/or Library of Congress, that I have the exclusive right and authority to submit or pitch the same to them upon the terms and conditions stated herein. I will
indemnify them and their clients of and from any and all claims, loss or liability (including reasonable attorneys’ fees) that may be asserted against them or any of their clients, or incurred by them or any of their clients, at any time in connection with said material or any use thereof.
I agree that any part of said material which does not in itself constitute protectible literary property may be used by them or any of their clients without any liability to me, and that nothing in this agreement nor the fact of my pitching/submitting of said material to them shall be deemed to place them in any different position than anyone else to whom I have not submitted or pitched said material with respect to any portion of said material which does not constitute protectible literary property.
I understand that neither Fadeinonline dba Next-Level Scribe dba Hollywood Pitch Festival dba Fade In Awards, its parent company, nor any of the industry representatives taking part, purchases literary properties as a general rule, and that if they were to do so, they would purchase said material through the established channels in the industry and not through a website such as this. I recognize that they and their associates have access to and/or may create or have created literary materials and ideas that may be similar or identical to said material in theme, plot, format or other respects. I agree that I will not be entitled to any compensation because of the use by them or any of their clients of any similar or identical material, which may have been independently created by them or any such client or may have come to them from any other independent source. I understand that no confidential relationship is established by my submitting, pitching or verbally sharing the material to them.
I understand that they have adopted the policy, with respect to the unsolicited submission of ideas, pitches, or material, of refusing to accept, consider, or evaluate unsolicited material unless the person submitting such material has signed an agreement in a form substantially the same as this agreement. I specifically acknowledge that they would refuse to accept, consider, or otherwise evaluate my material in the absence of my acceptance of each and all of the provisions hereof. I shall retain all right to submit this or similar story ideas to persons other than them.
They agree that if they use any legally protectible portion of said material, provided it has not been obtained by them from, or independently created by, another source, they will pay me an amount which is comparable to the compensation normally paid by them for similar material or an amount equal to the fair market value thereof as of the date of this agreement, whichever is greater. If we are unable to agree as to said amount, or in the event of any dispute concerning any alleged use of said material (e.g., whether they have used legally protectible portions thereof), or any other dispute arising out of or in connection with said material or with reference to this agreement, its validity, construction, performance, nonperformance, operation, breach, continuance, or termination, such dispute shall be submitted to arbitration.
Either party to this agreement may assign or license its or their rights hereunder, but such assignment or license shall not relieve such party of their or its obligations hereunder. It is agreed that this agreement shall inure to the benefit of the parties hereto and their heirs, successors, representatives, assigns and licensees, and that any such heir, successor, representative, assign or licensee shall be deemed a third-party beneficiary under this agreement.
I have retained at least one copy of said material, and I hereby release them of and from any and all liability for loss of, or damage to, the copies of said material submitted to them hereunder.
I hereby state that I have read and understand the terms of this agreement and that no oral representations of any kind have been made to me, and that this agreement states our entire understanding with reference to the subject matter hereof. Any modification or waiver of any part of the provisions of this agreement must be in writing and signed by all parties.
If more than one party is a co-submitter (or pitcher), then reference to “I” or “me” throughout this agreement shall apply to each party, jointly and severally.
Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted in this agreement with such provision or part thereof omitted shall remain in full force and effect. This agreement at all times shall be construed so as to carry out the purposes hereof.
SERVICE:
The cost of mentoring ranges from approximately $350-1,800/per hour, depending on how many hours you purchase, which allows for access to our participating industry pros. The cost of script analysis (aka “notes”) by participating industry pros range from approximately $2,495-5,995. Upon confirmation of your credit card payment, you will be sent a Zoom link which you will use to connect to your chosen mentor. Once your profile is created, Individuals are limited to only one user per password. All passwords will allow for access to all databases to which the user has subscribed.
PAYMENT:
All submissions must be paid in US dollars with Visa, Mastercard, American Express or Discover. Payments will be made directly through the site, via SecureGlobalPay.
REFUND POLICY:
I understand that there are No Refunds. For Next-Level Scribe sessions, I can reschedule a minimum of 48 hours in advance of the session start time. For any cancellations within 48 hours of the session start time, I understand the session will be automatically forfeited along with the session fee, as there are no refunds. All cancellations or requests to cancel or reschedule a session must be made in writing by emailing to [email protected]
ACKNOWLEDGEMENT AND AGREEMENT OF TERMS OF USE
BY ACCESSING, BROWSING AND/OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THIS SITE:
These Terms of Use may be modified by us at any time without any notice to you and any such modification shall be effective immediately upon posting to this Site. By accessing and using this Site, you agree to periodically review these Terms of Use and to be bound by any modifications or amendments thereto. If you do not agree with an amendment to these Terms of Use, you have the right to terminate membership or use of this Site at any time.
FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS SERVICES:
Our site Fadeinonline dba Next-Level Scribe dba Hollywood Pitch Festival dba Fade In Awards puts you and your project directly in front of Hollywood screenwriters and industry professionals for evaluation and feedback. We reserve the right to modify or change our Service, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Service. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue the Service.
ELIGIBILITY FOR USE:
This Site is intended for use only by individuals who are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, this Site is not intended for use by minors (those under 18 years of age), or federal, state or local government agencies or organizations or individuals acting on behalf of an individual, organization or agency without the consent of that individual or agency. If you do not qualify with the requirements of this paragraph, you are NOT authorized to use this Site. If you are a minor and use this site without our authorization the terms “you” and “your” shall mean and include your parent and/or guardian acting on your behalf. We may refuse to offer our Service to anyone and may change our criteria for membership, at any time, in our sole discretion.
COPYRIGHT AND PROPRIETARY RIGHTS:
This Site, including, but not limited to, software, text, graphics, logos, images and other design elements contained in this Site, organization, design compilation, magnetic translation, digital conversion (“Proprietary Material”) and all other information and material made available on or through the Site (“Content”) by us or our users, suppliers, service providers, sponsors, licensors or affiliates (collectively, “Business Partners”) are our property or the property of our Business Partners, and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. We own a copyright in this Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Proprietary Material. Except as expressly provide in these Terms of Use, neither we nor our Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of this Site or the Proprietary Material may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. The copying, distribution, redistribution, reproduction, publication, republication, uploading, downloading, transmission, or use by you of any such material or any part of the Site, except as allowed by these Terms of Use, is strictly prohibited. You shall not remove or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Proprietary Material. The use of any such information or material on any other web site or network computer environment is prohibited by these Terms and Conditions. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
YOUR USE OF THIS SITE:
Subject to these Terms of Use, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the software and the user interface of this Site solely for viewing and otherwise using the Site and its Services in accordance with the Terms of Use, and for no other purpose. All rights, title and interest in and to the software, user interface and content made available from, on or through this Site shall belong to us or our third-party providers or suppliers, including all modifications thereof and enhancements thereto. The software and user interface made available from, on or through this Site may not be copied, modified, republished, assigned, sold or distributed by you, nor may derivative works be prepared therefrom. The license granted to you pursuant to the Terms of Use is solely for your personal use (but not for resale or redistribution) as a user of this Site and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the software and user interface made available from, on or through this Site. You have no right or claim of right to the software or any unique ideas found on this site. No ownership rights are granted to you hereunder and no title is transferred hereby.
USER CONTENT:
Any and all e-mails, listings and other Content that you submit, post to or transmit on or through this Site, in whole or in part becomes our sole property and is transmitted at your sole risk. You understand that the technical processing and transmission of this Site, including your Content, may involve (a) transmissions over various networks (including the Internet); and (b) changes to conform and adapt your Content to technical requirements of connecting networks or devices.
USER CONDUCT:
You are solely responsible for any postings you make to the Site and all Content you submit through this Site. You hereby acknowledge and agree that we have no obligation to monitor any Content or third-party links, and expressly disclaim any responsibility to filter any such Content. However, we reserve the right to take any action with respect to information conveyed to the participating industry professionals that we deem inappropriate in our sole discretion, including but not limited to the immediate removal of offensive or harmful content, or suspension or termination of your right of use to use the Site/service. You shall not post or submit information on the Site/industry professionals that is:
• fraudulent;
• infringing of any third party’s rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
• transmitted anonymously or labeled under a false name;
• in violation of any applicable law, statute, rule or regulation;
• obscene, indecent or pornographic;
• defamatory, trade libelous, threatening or harassing; or
• an unsolicited or unauthorized advertisement, promotion, or other form of solicitation.
You agree not to record (i.e., audio) or film any portion of your Zoom session with them but understand they will record Zoom sessions to keep on file should any controversy or need for clarification arise.
You must obtain our express permission to link this Site to Web sites or Web sites operated by third parties. Furthermore, you may not post to or sell through the Site any product or service that could cause us to violate any applicable law, statute, ordinance, or regulation of any jurisdiction.
You acknowledge and agree that “spamming” (the sending of large scale, mass e-mails or other postings) through this Site is strictly prohibited. Any “spamming”, or attempts to “spam”, will constitute an abuse/attack of this Site and reason for legal action against you. Therefore, you may not send e-mails in any type of mass marketing attempt, including, but not limited to, the sending of e-mails to: (i) any type of listserv, automated mailing mechanism or third-party e-mail list, such as a specialty group mailing list; or (ii) any individual or group of people with whom you are not personally acquainted. In addition, you may not send e-mails through this Site to any individuals who have indicated in any manner that they do not wish to receive such e-mails.
You may not mask your e-mail address in your e-mails. You may not use a temporary e-mail account for the purpose of abusing this Site or avoiding the terms of this Terms of Use. You may not send any e-mail that gives the impression that: (i) such e-mail was sent by us or this Site; or (ii) we or this Site are responsible for such e-mail or the contents of such e-mail (other than Content actually provided by us). You may not refer to us or this Site in any manner that creates the impression that you are an agent of, represent, or are otherwise acting on behalf of us or this Site in any way. You may not represent that you have any relationship with us or this Site, other than an accurate representation of your status as a user of this Site. You may not send any e-mail that disparages us or this Site or otherwise portrays us or this Site in a negative light.
You will be solely responsible for the content of all e-mails that you send through this Site. Such responsibilities include, but are not limited to, ensuring the accuracy and propriety of the contents of your submissions, ensuring that the contents of your submissions do not violate or infringe upon the intellectual property rights or other rights of any third party, and ensuring that your content does not contain or link to any of the following types of content:
• content that violates any law, statute, ordinance, or regulation or that is otherwise unlawful
• content promoting illegal activity, racism, hate, mail fraud, pyramid schemes, or investment opportunities or advice not permitted under law
• content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• content that is libelous, defamatory, or contrary to public policy
• content that constitutes harassment
• X-rated pornography or adult-oriented content
If you use a non-personal e-mail account, such as an employer or educational institution account, to submit any content through this Site, you will be solely responsible for obtaining consent to use such account in connection with this Site.
You acknowledge that we do not necessarily undertake to pre-screen or monitor any of your e-mails, submissions, listings or other Content, but that we and our designees shall have the right (but not the obligation), in our or their sole discretion, to remove any of your e-mails, submissions, listings or other Content from this Site, or to refuse to post any of your e-mails, submissions listings or other Content on this Site, at any time, for any reason or for no reason at all. Without limiting the foregoing, we and our designees shall have the right to remove any of your e-mails, submissions, listings or other Content that violates these Terms of Use or that is otherwise objectionable.
Any opinions, advice, statements, representations, warranties and other information contained in any e-mails, submissions, listings or other Content that you post or send on or through this Site are the sole responsibility of the author.
You agree not to contact the industry professionals taking part, or their representatives, directly unless and until they ask you in writing to do so.
SYSTEM INTEGRITY:
You hereby agree not to tamper in any way with the software or functionality of the Site. Without limiting the foregoing, you agree not to put any computer programs, information or data into the Site which contains any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information. You are responsible for implementing sufficient firewalls, protections, procedures and checkpoints to satisfy your particular requirements for the protection of your systems and/or accuracy of data input and output, and for maintaining a means external to ours for the reconstruction of lost data. You agree not to disclose any other user’s Content including, without limitation, all information provided during any applicable Site transaction process. You agree not to invade another user’s privacy, including, but not limited to, the breach or attempted breach of the security of another’s computer, software or data. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.
SITE MONITORING:
We may elect to electronically view, monitor, and record activity on this Site and on Zoom sessions without notice or permission from you. You acknowledge and agree that we may preserve your Content and Zoom sessions (the latter by recording) and may also disclose any of your Content, records, or electronic communications of any kind: (i) if we believe in good faith that the law or legal process requires it: (ii) if such disclosure is necessary or appropriate to operate this Site; (iii) to respond to claims that such Content violates the rights of third parties; or (iv) to protect our rights, property, or personal safety, or the rights, property, or personal safety of our users, Business Partners or the public. However, we are not responsible for screening, policing, editing or monitoring of this Site. If notified of an allegation that this Site contains infringing, defamatory, damaging, illegal or offensive Content or communications, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content or communications from this Site.
DISCLAIMERS:
NO OBLIGATION OF ANY KIND IS ASSUMED OR MAY BE IMPLIED AGAINST FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS, ITS PARENT COMPANY, PARTICIPATING BUSINESS PARTNERS AND/OR COMPANIES, EITHER AS A RESULT OF THIS AGREEMENT, AND/OR REGISTRANT’S SUBMISSION OF PITCHES AND/OR ANY OTHER MATERIAL. IT IS UNDERSTOOD THAT FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS, ITS PARENT COMPANY, AND ITS PARTICIPATING BUSINESS PARTNERS AND COMPANIES HAVE ACCESS TO AND/OR MAY CREATE OR HAVE CREATED LITERARY MATERIALS AND IDEAS WHICH MAY BE SIMILAR TO YOUR SUBMISSIONS AND/OR THE PROJECTS THEY REPRESENT IN THEME, IDEA, PLOT, FORMAT, OR OTHER RESPECTS. REGISTRANT WILL NOT ENTITLED TO ANY COMPENSATION OR CONSIDERATION BECAUSE OF THE USE OF ANY SUCH SIMILAR MATERIAL THAT MAY HAVE BEEN INDEPENDENTLY CREATED BY A PARTICIPATING BUSINESS PARTNER AND/OR COMPANY OR THAT MAY HAVE COME TO A PARTICIPATING BUSINESS PARTNER AND/OR COMPANY FROM ANY INDEPENDENT SOURCE. THE BUSINESS PARTNERS PARTICIPATING IN FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS AS INDICATED ON OUR WEBSITE, HAVE INDICATED THEIR WILLINGNESS TO PARTICIPATE AS PARTICIPATING BUSINESS PARTNERS FOR FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS AND/OR FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS’ BUSINESS PARTNERS. IN THE EVENT THAT SUCH BUSINESS PARTNERS ARE DELAYED, CANCEL THEIR PARTICIPATION WITH OR WITHOUT NOTICE, OR ARE UNABLE TO PARTICIPATE FOR ANY REASON, FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS, THOUGH NOT ACCOUNTABLE FOR SUCH ACTIONS, WILL MAKE EVERY ATTEMPT TO CONTACT SAID BUSINESS PARTNER, AND ENDEAVORS TO SUBSTITUTE SUCH A BUSINESS PARTNER WITH A SUITABLE AND COMPARABLE REPLACEMENT. IF A SUITABLE BUSINESS PARTNER CANNOT BE FOUND AND AGREED TO BY YOU, FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS WILL ISSUE YOU A CREDIT ON FILE, WHICH WILL BE GOOD FOR ONE YEAR.
NO REFUNDS OR DAMAGES SHALL BE DUE FOR A FAILURE OF PERFORMANCE OCCURING DUE TO ACTS OF GOD, WAR, TERRORIST ACT, GOVERNMENT REGULATION, RIOTS, DISASTERS, EPIDEMICS, PANDEMICS OR STRIKES, ANY ONE OF WHICH MAKES PERFORMANCE IMPOSSIBLE.
THIS SITE AND ALL CONTENT THAT OUR BUSINESS PARTNERS OR WE MAKE AVAILABLE ON OR THROUGH THIS SITE (“OUR CONTENT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY OF OUR CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND YOUR RELIANCE UPON ANY OF OUR CONTENT IS AT YOUR SOLE RISK.
WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, INTEGRITY, LEGALITY OR SAFETY OF ANY CONTENT SUBMITTED BY USERS OF THIS SITE OR ANY OF THE ITEMS OR SERVICES DESCRIBED THEREIN. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY USER CONTENT (INCLUDING DEAL TERMS) AND ANY ITEMS OR SERVICES DESCRIBED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF, AND YOUR RELIANCE UPON, THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, INTEGRITY, LEGALITY OR SAFETY OF THE CONTENT OR SUCH ITEMS OR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CHARACTER OR CREDENTIALS OF ANY USER OF THE Site or the SERVICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LIMITATIONS OF LIABILITY IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY OF OUR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE IN ANY WAY FOR ANY CONTENT OR YOUR USE OF ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH THIS SITE, ANY CONTENT, OR ANY ITEMS OR SERVICES DESCRIBED ON OR PROVIDED THROUGH THIS SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE WE HAVE NO CONTROL OVER THE TRUTH OR ACCURACY OF POSTINGS YOU MAY RECEIVE FROM OTHER USERS OF THE SITE, OR CONTROL WHETHER ANOTHER USER FULFILLS HIS/HER PART OF ANY TRANSACTION, YOU HEREBY RELEASE AND AGREE TO HOLD US AND OUR OFFICERS, DIRECTORS, SUBCONTRACTORS (INCLUDING WITHOUT LIMITATION TECHNOLOGY PROVIDERS), AGENTS, AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICE OR ANY TRANSACTION (WHETHER OR NOT CONSUMMATED) OR DISPUTE ARISING OUT OF SUCH USE OR TRANSACTION. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IF AN INDUSTRY PRO OR BUSINESS PARTNER REQUESTS ONE OF YOUR PROJECTS, HE OR SHE WILL HAVE THEIR OWN SUBMISSION POLICIES, FOR WHICH FADEINONLINE DBA NEXT-LEVEL SCRIBE DBA HOLLYWOOD PITCH FESTIVAL DBA FADE IN AWARDS HAS NO CONTROL OVER.
YOU HEREBY RELEASE AND DISCHARGE US AND OUR BUSINESS PARTNERS, AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM ALL CLAIMS, DEMANDS AND DAMAGES (INCLUDING ACTUAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT AND SPECIAL DAMAGES), OF EVERY KIND AND CHARACTER, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS RELATING TO THE ACCURACY OR QUALITY OF ANY LISTING OR OTHER CONTENT, THE ACCURACY OR QUALITY OF THE SUBJECT OF ANY SUCCESSFUL DEAL, OR THE FAILURE OF ANY USER TO COMPLY WITH THE TERMS OF ANY TRANSACTION BETWEEN YOU AND SUCH USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “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.”
INDEMNIFICATION:
Without limiting the generality or effect of other provisions of these Terms of Use, as a condition of use, you agree to indemnify, hold harmless, and defend us and our parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use hereunder and/or engagement in a transaction on the Site; (ii) your failure to comply with any applicable laws and regulations; (iii) your breach of any of its obligations set forth in the Terms of Use; and (iv) infringement claims asserted against us based on our use of your intellectual and informational property. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
LINKS:
Many areas of this Site may contain links to other Web sites. Please note that when you click on any of these links, you are entering another Web site for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any information contained therein. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this Site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, trojan horses and other destructive items.
ADVERTISEMENTS:
We, in our sole discretion, may post advertisements or other materials of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisements on this Site. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on this Site.
TERMINATION:
We may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. Fadeinonline dba Next-Level Scribe dba Hollywood Pitch Festival dba Fade In Awards reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service. We have the right (but not the obligation) to refuse to provide service to any person, agency or organization, or to prohibit any person, agency or organization from using this Site, at any time, for any reason or for no reason at all, in our sole discretion. You are personally liable for any fees or charges that you incur prior to termination. Users are agree that they will not share their user name and password, and or share post or responses with any third party.
EVENTS BEYOND OUR CONTROL:
We shall not be deemed in default hereunder, nor shall you hold us responsible for, any cessation, interruption or delay in the performance of our obligations hereunder due to causes beyond our reasonable control including, but not limited to, earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of our business, including internet access, or any change in, or the adoption of, any law, ordinance, rule, regulation, order, judgment or decree.
CHOICE OF LAW; ARBITRATION:
The laws of the State of California govern these Terms of Use in all respects, without giving effect to conflicts of laws principles. Except for allegations that you have infringed or threatened to infringe any of our intellectual property rights, any dispute or controversy between you and us, or arising under or concerning performance or breach of these Terms of Use, shall be settled by one arbitrator in binding arbitration, to be held in Los Angeles, California, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered by any court of competent jurisdiction. In the event that we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we might have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located within the city of Los Angeles, State of California. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Life’s a pitch & then they buy.