TERMS & CONDITIONS
The following terms and conditions contained in this agreement shall govern the submission of scripts and other materials (the “Material”) to the Bloodlist (the “Bloodlist” or “you”) via the Bloodlist Website (“Website”). For good and valuable consideration, the receipt and sufficiency of which I acknowledge, by submitting my Material through the Website, I hereby irrevocably agree as follows:
1. Representations and Warranties: I represent and warrant that I am the sole author and owner of the Material (or I am a member of a team of writers who is the sole author and owner of the Material, or that I own or have the necessary licenses, rights, consents, and permissions to authorize you to use and display the Material pursuant to these Terms and Conditions), and that I have the full power and authority to submit the Material to you on the terms hereof without the consent of any other party. I further represent and warrant that the Material is wholly original and does not infringe upon any rights whatsoever of any third party or entity, including, without limitation, rights of copyright, privacy, trademark or otherwise. I further represent that all information I submit with the Material, including my name, and email address, are truthful and accurate.
2. Submission/Review of Material: I acknowledge and agree that the only obligation undertaken by you in consideration of my submission is to accept the Material for potential review, and that you have the full discretion to review it or not review it, as is consistent with your normal practices. No other obligation or duty on your part shall arise from or be implied by this submission of the Material, and I acknowledge and agree that my submission of the Material to you does not guarantee placement on the The Bloodlist Website or on the annual list released each year by The Bloodlist. Furthermore, I hereby acknowledge and agree that my submission of Material to the Bloodlist via the Website shall not constitute a submission to any affiliate or related entity of Bloodlist, or any officers, employees, clients, agents, licensees, successors and assigns thereof (collectively, the “Related Entities”). Except as otherwise set forth herein, any reference hereafter to “you” shall be deemed to include the Related Entities.
3. Selection and Use of Material: In the event that you have interest in the Material, I acknowledge that you may contact me to provide further information regarding myself and/or the Material, which I agree to provide to you upon such request. Furthermore, I hereby grant you a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free license to reproduce, use, made derivative works of, and display (“Use”) the Material, or any part thereof, on the Bloodlist Website, including for marketing purposes, and of all copyright, trademark, trade secret, patent, or other proprietary rights in and to such Material for such Use, provided that it shall be in your sole discretion whether or not to actually use or display the Material on the Website. You agree that you shall notify me in writing (e-mail shall constitute a writing for the purposes hereof) in the event of such a decision to Use or display the Material on the Website, provided that the inadvertent failure to do so shall not constitute a breach hereof by you.
4. Similar Material. I recognize that you have access to and/or may create or have created materials and ideas, which may be similar or identical to the Material in theme, idea, plot, format or other respects. I agree that I will not be entitled to any compensation because of the use of any such similar or identical material which may have been independently created by you or may have come to you from any other independent source. Furthermore, l agree that nothing contained herein shall derogate from any rights you have as a member of the general public.
5. Indemnification. I agree to indemnify and hold you and your related and affiliated entities, and each of their respective officers, employees, agents, licensees, successors and assigns harmless with respect to any costs, expenses and damages (including attorney’s fees) incurred by you by reason of any breach of any of my representations, warranties and/or agreements contained herein.
6. Arbitration: If there is any dispute arising out of this agreement including a dispute about the validity, operation, meaning or breach hereof, the dispute between us (the “Dispute”) shall be submitted to final and binding arbitration, which shall constitute the sole dispute resolution mechanism hereunder and I irrevocably waive any rights to seek other relief at law or equity. The arbitration shall be controlled by the terms hereof, on an individual and not class basis only, and any award favorable to me shall be limited to the fixing of compensation for your use of the submitted material, which shall bear a reasonable relation to compensation normally paid by you to persons of my present stature and experience for your use of similar material. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages.
The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the entertainment industry. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement of any arbitration award shall be entitled to an award of all costs, fees and expenses, including reasonable outside attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered.
Without limiting the generality of the foregoing, I understand that I waive any and all right to a trial, to seek an injunction or to any other relief other than as expressly provided for in this section.
7. Miscellaneous. This agreement shall be governed by the laws of California without regard to conflict of laws provisions that would apply other law. This agreement represents the complete agreement between me and you regarding the Material and my submission and supersedes all prior or contemporaneous negotiations, agreements, representations or undertakings.
8. You expressly disclaim any and all liability in connection with the Material. I understand that you do not permit any copyright infringing activities or any infringement of any intellectual property of others, and I consent to your removal of any Material if properly notified that such Material infringes on another’s intellectual property rights, including removal of such Material without prior notice. I understand that you will terminate the agreement with and account of any user if, under appropriate circumstances, the user is determined to be a repeat infringer.
9. I recognize that parties other than Bloodlist and Related Entities have access to the Material. I recognize that such parties could improperly use the Material such as by misappropriation of ideas or copyright infringement. I agree that Bloodlist and the Related Entities have no liability or responsibility for any such improper use.
10. I understand that submitting Material does not create any contract- express or implied. I further understand that there is no obligation for BloodList and Related Entities to enter into a joint venture, partnership, employment, independent contractor relationship or other type of relationship. Any such obligations shall be the subject of a separate agreement. Material submissions do not create an association, partnership, joint venture, agency, independent contractor or employer and employee relationship.
11. Digital Millennium Copyright Act — Notice to the Public and Notice to Submitters
A. If you are a copyright owner or an agent thereof and believe that any Material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Bloodlist’s DMCA Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to Bloodlist’s DMCA Agent – Todd Grossman at Grossman Technologies LLC 5426 Washington Ave Los Angeles, CA 90016 Phone: (310)873-7835
For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to email@example.com & firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Material, you may send a counter-notice containing the following information to Bloodlist’s DMCA Agent:
- Your physical or electronic signature;
- Identification of the Material that has been removed or to which access has been disabled and the location at which the Material appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Material was removed or disabled as a result of mistake or a misidentification of the Material; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Bloodlist’s DMCA Agent, Bloodlist may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against you, the removed Material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bloodlist’s sole discretion.
12. I understand that you may, from time to time, in your sole discretion, modify these Terms and Conditions. I agree to periodically review the most up-to-date version at www.bloodlist.com/termsandconditions, and my continued use of or benefit from your Services after such modifications shall constitute and be deemed my acceptance of such modified terms and conditions.
13. Assignment. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by me, but may be assigned by you without restriction.
14. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and your failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
15. YOU AND I AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
I INDICATE MY AGREEMENT HERETO BY CLICKING THE “SUBMIT” BUTTON ON THE SITE.