Submission Agreement Terms

 

Submission Agreement

Last Updated: October 22, 2015

YOU MUST READ AND AGREE TO THE TERMS OF THIS SUBMISSION AGREEMENT PRIOR TO SUBMITTING ANY INFORMATION TO COMPANY THROUGH THE SITE OR ANY SERVICES OR APPLICATIONS AVAILABLE THROUGH THE SITE.

BY UTILIZING SERVICES AND APPLICATIONS AVAILABLE THROUGH THE SITE WHICH ALLOW FOR SUBMISSION OF INFORMATION TO COMPANY, YOU ACCEPT THE TERMS OF THIS SUBMISSION AGREEMENT. PLEASE READ THIS SUBMISSION AGREEMENT CAREFULLY.

IF THE TERMS OF THIS SUBMISSION AGREEMENT ARE NOT ACCEPTED IN FULL, YOU DO NOT HAVE PERMISSION TO SUBMIT INFORMATION TO COMPANY THROUGH THE SITE OR BY ANY OTHER MEANS.

The terms of this Submission Agreement (“Submission Agreement”) apply to your use of the websites located at www.breakingintoreality.com, www.theconlincompany.com and any and all related sites (collectively, the “Site”), and included products, services and features made available through or relating to such sites (collectively, “Company Services”) for purposes of submitting any and all information, ideas or content, including, without limitation, personal information, professional information, casting applications, ideas for entertainment programming, audio and/or video content, scripts, treatments or other literary materials, or any other information, ideas or content which you voluntarily submit to Company (“Materials”).

Access to and use of the Site for purposes of the submission of Materials is provided by The Conlin Company, a California corporation (“Company”) and/or its affiliates. Use of the Site for purposes of submitting Materials constitutes your acceptance of the terms of this Submission Agreement, which shall take effect upon and in relation to such submission.

In this Submission Agreement, the user submitting Materials is defined as “you” or “your,” and the provider of the Site, Company, may also be referred to as “we,” “us” or “our.”

 

PURPOSE OF THIS SUBMISSION AGREEMENT

We understand that you wish to submit a casting application and/or have an idea or ideas which you think may be of interest and would like to submit to us. While we desire to take every reasonable opportunity to discover new applicants and great ideas and work with new creators, we have found certain precautions necessary in receiving applications, ideas, content and suggestions submitted to us in order to avoid any misunderstandings as to what yours and Company’s respective rights and obligations are with respect to submitted Materials.

UNSOLICITED MATERIALS

With regard to submissions made which are not in full accordance with this Submission Agreement and the submission process as provided for through the Site (“Unsolicited Submissions”), Company does not knowingly accept, via the Site or otherwise, Unsolicited Submissions including, without limitation, casting applications, submissions of ideas, articles, scripts, content. story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Company’s policy is to simply delete any such Unsolicited Submission without reading it or forwarding it to other Company staff or staff of its affiliated companies. Therefore, any similarity between an Unsolicited Submission and any elements in any Company or affiliated company creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If Unsolicited Submissions are sent to Company via the Site or otherwise, however, such Unsolicited Submissions and copyrights therein become the property of Company and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Company sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an Unsolicited Submission you waive the right to make any claim against Company or affiliated companies relating to Unsolicited Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

 

ACCEPTANCE OF SUBMISSIONS

Company will only accept submissions of Materials if all of the following guidelines are fully complied with:

  • Prior to submitting Materials, you must agree to and accept the terms and conditions of this Submission Agreement and acknowledge such agreement and acceptance by checking the “I Accept” box or other indication of acceptance, as applicable, where indicated on the Site;
  • Prior to submitting Materials, you must acknowledge that you are at least eighteen (18) years of age by checking the appropriate box where indicated on the Site; and
  • Once you have reviewed this Submission Agreement and checked the required boxes discussed above, you must press the “Submit” button where indicated on the Site, which shall be deemed a full acknowledgement by you that you understand and agree to the terms and conditions of this Submission Agreement.

REPRESENTATIONS AND WARRANTIES

You hereby warrant and represent that: (i) the Materials are your own original work, that you have not copied or derived any portion of the Materials from any other person or entity, and that you have the complete legal right to submit the Materials to Company for evaluation, licensing, use and/or acquisition, without violating the rights of any third party; (ii) you have written, executed releases and consents from any and all participants, if any, that appear in the Materials, and have cleared any and all third party materials in the Materials; (iii) you have paid all amounts payable and performed all other obligations in order to comply with sub-section (iii) above; (iv) nothing in the Materials is untrue, obscene, libelous, slanderous, blasphemous or defamatory, or infringes any person’s or entity’s rights, including copyrights, moral rights, trademarks, right of privacy, right of publicity or any other rights whatsoever of any third party; (v) you have the full power and authority to enter into this Submission Agreement and the consent of no other person or entity is necessary in order for you to enter into and fully perform under this Submission Agreement; (vi) you waive any and all so-called moral rights you may have in the Materials; and (vii) you are at least eighteen (18) years of age and otherwise have full capacity to enter into, fully perform and be fully bound by this Submission Agreement.

CONSIDERATION

As consideration for your acceptance of the terms and conditions set forth in this Submission Agreement, Company agrees to accept the Materials subject to the terms and conditions of this Submission Agreement. You acknowledge the receipt and sufficiency of the aforementioned consideration.

FORM OF SUBMISSIONS

Company will only accept the submission of Materials in written form. Any and all submissions made through other means or which are not accompanied with full and proper acceptance of this Submission Agreement shall be deemed Unsolicited Submissions (as defined herein).

MATERIALS NOT CONFIDENTIAL

You acknowledge, understand and agree that Company may disclose the Materials to its employees, independent contractors, affiliates and other parties, in Company’s sole discretion. It is acknowledged, understood and agreed that no confidential relationship is entered into by reason of Company’s receipt and/or consideration of the Materials, or by reason of any oral or written communications between any parties, including you, your agents, Company or any party affiliated with Company.

COMPANY IDEAS

You acknowledge, understand and agree that Company, its employees, independent contractors, agents and other parties affiliated with Company develop many ideas for the development of entertainment programming and properties, some of which may be similar to the Materials. An idea that is new to you may not be new to Company, and similar or identical ideas may be conceived by Company or its affiliates independently.

ACCORDINGLY, YOU WAIVE ANY CLAIM YOU MAY HAVE AT ANY TIME THAT COMPANY MISAPPROPRIATED OR INFRINGED ANY IDEAS, CONTENT OR OTHER ELEMENTS CONTAINED OR SET FORTH, IN WHOLE OR IN PART, IN THE MATERIALS OR ANY PORTION OF THE MATERIALS THEMSELF.

SUBMISSIONS NOT RETURNED

Company does not assume any obligation to return the Materials to you once submitted. You should, therefore, keep a duplicate of the Materials, as well as a copy of this Submission Agreement.

NO COMPENSATION

No agreement for compensation shall be implied from Company’s receipt, consideration or review of the Materials. However, should Company elect to use any portion of the Materials which are legally protected by you, Company shall negotiate appropriate compensation with you in good faith prior to such use.

NO PREJUDICE

Any consideration of the Materials or negotiations to purchase or otherwise exploit the Materials, in whole or in part, does not waive Company’s right to contest the validity of your copyrights, trademarks or other intellectual property rights in and to the Materials.

NO LIABILITY

You acknowledge, understand and agree that Company has no liability to you if the Materials are not accepted or otherwise exploited by Company, and that Company has no obligation whatsoever to make any use of or otherwise exploit the Materials.

LIMITATION ON LIABILITY

IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR SUBMISSION OF THE MATERIALS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE SITE AND/OR COMPANY SERVICES.

YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE AND RELEASE COMPANY FROM ANY CLAIM, ACTION OR DEMAND YOU MAY HAVE AT ANY TIME ARISING OUT OF OR IN CONNECTION WITH SUBMISSION OF THE MATERIALS OR THE TERMS AND CONDITIONS OF THIS SUBMISSION AGREEMENT.

DISPUTES

You agree to resolve any claim, cause of action or dispute you have with Company or its affiliates arising out of or relating to this Submission Agreement exclusively in the state or federal court located in Los Angeles County, California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Submission Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against Company or its affiliates related to your use of, or actions through, or content or information submitted through, the Site, including, without limitation, the Materials, you will indemnify and hold Company and its affiliates harmless from and against all damages, losses, and expenses of any kind, including reasonable outside legal fees and costs, related to such claim.

YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, WITHOUT LIMITATION, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS SUBMISSION AGREEMENT.

FURTHER ASSURANCES

You agree to execute all documents, take all actions and assist Company as required to implement the terms and conditions of this Submission Agreement and to give full effect to the intention of the parties.

MISCELLANEOUS TERMS

Except as otherwise expressly set forth herein, this Submission Agreement sets forth the entire agreement of the parties regarding the subject matter hereof and supersedes all prior agreements and understandings between the parties. This Submission Agreement shall be binding upon the parties and their respective successors, heirs, and assigns. In the event that any provision or text of this Submission Agreement shall be held invalid or unenforceable by a competent authority, all other provisions and text hereof shall continue in full force and effect. This Submission Agreement may not be modified or amended except by written agreement signed by the parties. This Submission Agreement does not and shall not be construed to create a partnership or joint venture between the parties, and no party is intended to be or shall be a third-party beneficiary hereof. The headings used in this Submission Agreement are for the convenience of the parties and shall not be considered in the construction of this Submission Agreement or the parties’ intent.

Please contact us at: contact@theconlincompany.com with any questions regarding this Submission Agreement.