Terms of Use-
This Website capitalfundscreenplaycompetition.com is owned and operated by Capital Fund Screenplay Competition (“CFSC”). By accessing and using this Website, you are hereby agreeing to be legally bound by the following Terms of Use (“Agreement”):
INTELLECTUAL PROPERTY
The content and design of this Website, including but not limited to the programming, text, images, artwork, photographs, illustrations, graphic material, video, audio, other copyrightable elements and the selection and arrangement thereof, are the property of CFSC and/or its parent company, subsidiaries, affiliates or assigns and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. The Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties, and all individual elements making up the Website are also copyrighted works.
By using the Website, you agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You agree not to reproduce, publish, distribute, display, broadcast, circulate, rent, lease or loan this Website or any of its elements or content to any third party (including, without limitation, display and distribution via a third party website) without the express prior written consent of CFSC. You agree not to disassemble, decompile, reverse engineer, modify or create derivative works from this Website or its content for any purposes whatsoever. You further agree that you will not use any network monitoring or discovery software to determine the site architecture or extract information about usage or users, nor will you use any robot, spider, other automatic device or manual process to monitor or copy this Website or its content.
Any unauthorized use of this Website is strictly prohibited and may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
USE OF WEBSITE
CFSC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Website for non-commercial and personal use only. You may not sell or modify the Website, and you may not reproduce, display, publicly perform, distribute, or otherwise use the Website in any way for any public or commercial purpose.
As an express condition of your use of the Website, you warrant to CFSC that you will not use the Website for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Website automatically terminates and you must immediately destroy any copies you have made of any material obtained through the Website.
RESTRICTIONS ON USE
You agree not to use, transfer, distribute or dispose of any information contained in this Website in any manner that could compete with the business of CFSC.
You agree to protect the proprietary rights of CFSC and all others having rights in this Website and its content during and after the term of this Agreement and to comply with all reasonable written requests made by CFSC or its parent company, subsidiaries, affiliates or suppliers to protect their contractual, statutory and common law rights.
You agree to notify CFSC in writing promptly upon becoming aware of any unauthorized access or use of the Website by any party or of any claim that the Website infringes upon any copyright, trademark or other contractual, statutory or common law rights.
SITE MONITORING:
We may elect to electronically view, monitor, and record activity on this Site without notice or permission from you. You acknowledge and agree that we may preserve your Content 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.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless CFSC, its parent company, subsidiaries and affiliates, their respective officers, directors, employees, agents, licensors, representatives, and third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.
You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such violation.
PRIVACY
We respect the privacy of our users. We will not disclose any personal information about you or your use of our Website or services except to conform to legal requirements, comply with legal process, or facilitate your script submission. (For more details, please read our Privacy Policy.)
ERRORS AND CORRECTIONS
CFSC does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that the information contained herein will be entirely correct. CFSC may make improvements and/or changes to the Website’s features, functionality and content at any time.
MODIFICATIONS TO TERMS OF USE
CFSC may modify these Terms of Use at any time for any reason in its sole discretion, without notice. Accordingly, please continue to review this Agreement whenever accessing this Website.
Your use of this Website or any service on this Website after the posting of modifications to the Agreement will constitute your acceptance of the Terms of Use, as modified. If at any time you do not wish to accept these Terms of Use, you may not use this Website.
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. CFSC 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.
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 CFSC 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.”
Privacy Policy
We respect your privacy and we want you to know what information we collect and what we do with that information. The following Privacy Policy has been created to explain our online information practices and to help you understand how the information you provide us will be used.
COLLECTION OF DATA
You are not required to register or give us any personal information in order to visit CFSC website and view content made generally available; however, we may still collect certain non-personally-identifiable information about your use of our website. For example, we may collect information concerning the type of browser you are using, the type of operating system you are using, your IP address, your connection speed, and/or the website, advertisement or search engine from which you linked to our website.
When you sign up for our email list, enter our contest, or request notes from our Judges, you will be asked to give us your name, email address, and other contact information. We will use this information to communicate with you about your submission, to send you your complimentary bi-monthly issue of LOGLINE: The Screeenwriter’s eZine, and to send you news and updates from CFSC and select offers and information from our sponsors and industry partners. By subscribing to our email list, submitting a script to us and/or ordering notes from us, you authorize us to track and collect information about you regarding the specifics of your transactions with us and to keep a record of our correspondence with you.
In addition, when you submit your script to CFSC contest, you authorize us to use any trusted third-party online and cloud-based services and databases for hosting, managing and/or transmitting your submission file(s).
OPTING OUT
You may opt-out of CFSC email list at any time. To remove your name from our list, simply click on the link provided at the bottom of the email message we send you, or send us a message with the word “Unsubscribe” in the subject line of your email.
PROTECTING YOUR INFORMATION
If you provide us with personal information, we will take all reasonable and appropriate steps to protect this information. At times we may use non-identifying and aggregate information about our users in order to improve and enhance the services we provide. We may also share this non-identifying information with suppliers of content, affiliates, advertisers and other entities for the purpose of illustrating general usage, demographic and preference information.
COOKIES
When you visit our website, click through the hyperlinks provided, or submit your script to us, we may use an industry-wide technology known as “cookies” which stores certain information on your computer and which allows us to facilitate and customize your experience to match your interests and preferences. Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies and/or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions.
(PLEASE NOTE: If you set your browser to block cookies, you will not be able to use our entry or order forms.)
EXTERNAL WEBSITES
Our website contains external hyperlinks to other websites; however, this in no way constitutes our endorsement of the opinions or views expressed by those sites. Furthermore, CFSC does not assume any responsibility or liability for the accuracy or quality of the content contained in those sites, for the quality or delivery of products or services offered or advertised by those sites, nor for their privacy practices. Please visit the privacy policies of any third party website directly in order to understand their privacy and data collection practices.
DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have established appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online; however, because no security system is impenetrable, we cannot guarantee the security of our servers. CFSC Privacy Policy does not extend to anything that is inherent in the operation of the internet and therefore beyond our control.
If you have any questions or concerns about our Privacy Policy, please Contact Us on our contact page.