InkTip.com
P.O. Box 12418
La Crescenta, CA 91224
Fax (818) 951-8816
THE SCRIPTS AND OTHER DOCUMENTS (NOVELS, MANUSCRIPTS, etc.) THAT YOU
PROVIDE TO INKTIP.COM AT THIS OR ANY FUTURE TIME ARE ACCEPTED BY
INKTIP.COM ONLY ON YOUR ACCEPTANCE OF THE FOLLOWING CONDITIONS:
1. Upon InkTip.com's acceptance, the screenplay,
novel, manuscript, short screenplay, etc. ("Work") will be made
available on InkTip.com's website to InkTip.com's registered
subscribers ("Subscribers") who are agents, managers, producers and
other industry professionals; it is understood and agreed that these
Subscribers are third party beneficiaries of this Agreement.
2. Applicant represents and warrants that he/she
is the author of the Work, and if not the author,
has all necessary legal and equitable rights to the
Work.
3. Applicant has retained at least one copy of the
Work, as InkTip.com will not be responsible for any
loss or destruction of the materials submitted to
it. Applicant understands that it is his/her sole
responsibility to protect the Work. In order to place
anything on our website it must be registered. It
should be filed or registered with a Writers Guild,
Copyright Office, and/or other script protection organizations
that are available around the world. You can register
your work online now by selecting www.wga.org.
It is fast and inexpensive. InkTip.com may, at its
sole discretion, change the format and display of
the Work on its website, and may discontinue the availability
of the Work on its website at any time for any reason.
4. Applicant, who attests that
he/she is at least eighteen (18) years of age, has submitted the Work
voluntarily and not in confidence. Applicant understands and agrees
that no confidential relationship between Applicant and the author of
the Work if not Applicant, and InkTip.com and/or its Subscribers is
being created by this Agreement or by Applicant's submission of the
Work.
5. Applicant represents and warrants
to InkTip.com and its Subscribers that the Work to be submitted
hereunder is original and that the Work will not contain defamatory or
unlawful matter and will in no way infringe upon the copyright or
violate the proprietary rights of any person whomsoever. The Applicant
agrees to indemnify and hold InkTip.com and its Subscribers harmless
from any suit, demand, or claim made against InkTip.com and/or its
Subscribers by reason of any defamatory right, and the Applicant
further agrees to pay any judgment or reasonable settlement offer
resulting from any such suit, demand, or claim, and to pay any
reasonable attorneys' fees incurred by InkTip.com and/or its
Subscribers in defending against such suit, demand, or claim.
6. No obligation of any kind is assumed or may be
implied against InkTip.com and/or its Subscribers,
either as a result of this Agreement, or Applicant's
submission of the Work. It is understood that InkTip.com
and its Subscribers have access to and/or may create
or have created literary materials and ideas which
may be similar to the Work in theme, idea, plot, format
or other respects. Applicant will not be entitled
to any compensation or consideration because of the
use of any such similar material that may have been
independently created by a Subscriber or may have
come to InkTip.com or any Subscriber from any independent
source.
7. InkTip.com does not
itself develop or purchase written material, and exists for the sole
purpose of facilitating introduction and interaction between writers
and parties interested in developing written material. InkTip.com does
not attest to or guarantee the validity of any Subscriber, or any
subsequent agreements between Applicant and any Subscriber.
8. Except as otherwise provided in this Agreement,
Applicant hereby releases InkTip.com from any and
all claims, demands and liabilities that may arise
in relation to the Work, or by reason of any claim
now or hereafter made by Applicant that InkTip.com
or any Subscriber has used or appropriated the Work.
IN NO EVENT SHALL InkTip.com OR ITS SUBSCRIBERS BE
RESPONSIBLE OR LIABLE TO APPLICANT FOR INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST
PROFITS OR REVENUES OF APPLICANT, EVEN IF INKTIP.COM
OR ITS SUBSCRIBERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. The extent of InkTip.com's liability,
if any, should otherwise be determined, shall be the
amount of any sums paid InkTip.com by Applicant.
9. All the terms and conditions of InkTip.com's Disclaimer
Web Page are hereby incorporated into this Submission
Release Agreement as if recited herein in full.
10. InkTip.com reserves the right to remove any Work
from its website, with or without cause, with or without
notice. If without cause, the Subscriber's fees shall
be prorated accordingly.
11. It is understood that the way InkTip is able
to entice new industry professionals to use InkTip
is by promotion of InkTip results. Therefore, I promise
to always inform InkTip of any relationship I form
with any industry professional that was in any way
found, heard about or nurtured through InkTip, so
that InkTip can not only promote myself and my works,
but also promote themselves. It is understood that
this is a condition to using InkTip.
12. General Provisions:
(a) Entire Agreement: This Agreement contains the entire agreement of
the parties hereto and supersedes any prior written or oral agreement
between them respecting the subject matter contained herein. There are
no other representations, agreements, arrangements, or other
understandings, oral or written, between the parties hereto respecting
the subject matter contained herein which are not fully expressed
herein. This Agreement may be amended or modified only by written
agreement signed by duly authorized representatives of all of the
parties hereto.
(b) Waiver. Waiver of any default or breach of this Agreement or any
warranty, representation, covenant, or obligation contained herein
shall not be construed as a waiver of any subsequent breach.
(c) Severability. If any provision of this Agreement, or the
application of it to any party or circumstance, is held to be invalid,
the remainder of this Agreement, and the application of such provision
to other parties or circumstances, shall not be affected thereby, the
provisions of this Agreement being severable in any such instance.
(d) Titles and Headings. Titles and headings to paragraphs in this
Agreement are for the purpose of reference only and shall in no way
limit, define, or otherwise affect the provisions of it.
(e) Heirs. Except as otherwise provided herein, this Agreement is
binding upon and inures to the benefit of all parties, their heirs,
executors, administrators, assigns, successors in interest or other
legal representatives.
(f) Notices. All notices and payments under this Agreement are to be in
writing and delivered to InkTip.com at its postal address above and to
Applicant at his/her postal address noted below, or such other address
as either party may subsequently specify in writing to the other
parties.
(g) Arbitration. Any controversy, dispute or claim arising out of the
interpretation, performance or breach of this Agreement shall be
resolved by binding arbitration, at the request of either party, in
accordance with the Guidelines of the American Arbitration Association,
in the City of Los Angeles, California. The arbitrators shall apply
California substantive law and the California Evidence Code to the
proceeding. The arbitrators shall have the power to grant all legal and
equitable remedies and award compensatory damages provided by
California law, including the power to award punitive damages. The
arbitrators shall prepare in writing and provide to the parties an
award including factual findings and the reasons on which the decision
is based. The arbitrators shall not have the power to commit errors of
law or legal reasoning, and the award may be vacated or corrected
pursuant to California Code of Civil Procedure Sections 1286.2 or
1286.6 for any such error.
(h) Attorneys' Fees. If an action is brought for the purpose of
enforcing, defending, or preventing a breach of this Agreement, the
successful or prevailing party in any such proceeding shall be
entitled, in addition to such other relief as may be granted, to
recover reasonable attorneys' fees and costs of suit incurred in such
proceeding.
(i) State Law. This Agreement shall be construed and enforceable
according to the laws of the State of California for all purposes. Any
action concerning this Agreement shall be brought in Los Angeles,
California and the parties consent to service of process in California.
YOU MUST SIGN (we need an actual signature) THIS
AGREEMENT, ANOTHER SEPARATE AGREEMENT MUST BE SIGNED
BY ANY CO-AUTHOR(S) AND CO-OWNER(S) OF SUBMITTED WORKS,
AND ALL PAGES (INCLUDING THOSE NOT SIGNED) EITHER
FAXED, SCANNED AND EMAILED, OR MAILED BACK TO INKTIP.COM
(see contact information above).
I UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS: