Writer/Creator Material Release | Terms of Service

Material Release Form / Terms of Service - TVWritersVault.com

I will be submitting to you certain original materials with the intent of exposure and submission to television industry executives by use of the TVWritersVault.com database. This intent is with the following express understanding and conditions:

I acknowledge that I have requested permission to disclose and submit to TVWritersVault.com, and it's operating executives (hereunder, "TVWritersVault.com" or "Company") certain materials that may or may not be protected under copyright law, and it is my own responsibility to seek protection by registering those materials with a copyright service prior to exposure in this marketplace.

I agree that TVWritersVault.com has no obligation to me in any respect with regard to such material being "optioned" or "sold" to any third party, and that any negotiations involved with any third party will be done so by a representative of my choice with that third party. I also understand that the TVWritersVault.com is one of many sources and tools used by its member companies for scouting projects at their own free will and I am in no way guaranteed that any or all member companies will choose to make official review of my project(s). I understand that any interest or review of my project(s) is of a subjective nature, and that each executive or member company can "pass" or choose not to review my project for any reason.

No Representation, Exclusivity or Non-Exclusive Agreements: I understand and agree that TVWritersVault.com is not a Talent or Literary Agency, or any other form of Agency for representation or brokering of my projects. I agree that I have no exclusive or non-exclusive agreement with TVWritersVault.com as Agent or Representative of my work submitted. I understand that Company does not make any specific solicitation to any third party regarding any content of any intellectual property or project listed in the database that is scouted by producers. I further understand that Company takes zero financial participation in any project sold in the database/marketplace where Producers and Executives source projects, and do not represent me as an individual, or any of my projects in any capacity. I understand that the TV Writers Vault is a free service for television industry executives and producers who scout new projects in the database by their own free will with subjective determination for any project engaged.

Material Release: I understand that TVWritersVault.com is not responsible for preserving or returning all or any portion of the material to me. I acknowledge that TVWritersVault.com has no intent to compensate me directly, and I have no expectation of receiving any compensation from TVWritersVault.com. Any compensation for purchase of any intellectual property will be done so by the reviewing third-party "Industry Member" (production company or network). I acknowledge that any discussions I may have with any third party as a result of submitting materials to TVWritersVault.com regarding the possible purchase of my original materials does not constitute any agreement, expressed or implied, as to any actual acquisition of those materials which I am hereby disclosing to you.

If the material submitted herein is not new or novel, was not originated by me, has not been developed to concrete form, is similar to any material submitted by, or created by any other subscriber before this time and hereafter in perpetuity to TVWritersVault.com, or does not qualify for protection as an intellectual property, then I agree TVWritersVault.com shall not be liable to me for use of such material under the laws of Intellectual Property Rights. I hereby warrant and represent: 1. that said material was created and/or is solely owned by me and no other person, firm or corporation has any right, title or interest therein or thereto; 2. that I have full right to submit same to you upon all of the terms and conditions stated herein; and 3. that the description of said material as set forth herein contains all of the elements thereof. I will indemnify you from any and all claims, loss or liability (including reasonable attorney's fees) that may be asserted against you or incurred by you at any time in connection with said material or any use thereof, arising from any breach or alleged breach of these warranties.

I understand and agree that due to the position and process of the TV Writers Vault Industry Members (Producers, Agents, Executives, and other Industry Representatives) , Industry Members retain the right to develop and produce projects of similar theme, subject, format, or nature, and any request or review of material does not suggest or imply any agreement or obligation with respect to such material. Industry Members are involved in a subjective process, and may determine for any undisclosed reason that they are "passing" on any material reviewed . 

Status/Review Activity Records: I further acknowledge and accept that all project status' listed in my password protected Project Status Page are selected and applied at the discretion of member companies, and only upon receiving a "Requesting Contact with Writer" status will TVWritersVault.com forward my contact information to that Company or Executive inquiring. I also understand and accept that TVWritersVault.com has no control or obligation to any status selection by member Companies and I will not make unsolicited inquiry to member companies regarding any status or project unless requested to do so by TVWritersVault.com. I understand that TVWritersVault.com is not liable for retaining any data or activity records by any executives beyond my membership term, and that I must keep my own records of review that are in clear display to me as a member having logged into my Project Status Page during membership. Further to this, I understand and agree in entirety to the TVWritersVault.com Writer/Executive Relations Protocol, and that it is put in place to preserve the relations with subscribing company members who search the TVWritersVault.com database and ultimately buy our posted intellectual properties.

As Is: I agree the services, products and materials on or from this website or otherwise from TVWritersVault.com are provided "As Is" and without representations or warranties of any kind, either express or implied. TVWritersVault.com disclaims all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither TVWritersVault.com nor any of our respective licensors, executive members, or affiliates represent or warrant that any functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components. Neither TVWritersVault.com nor any of our respective licensors, executive members, or affiliates warrant or make any representations regarding the use or the results of the use of the services, products or materials in this site in terms of their correctness, accuracy, reliability, or otherwise.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply. To the extent any warranty cannot be disclaimed, a limited explicit warranty is given by TVWritersVault.com to the exclusion of any other remedy to, in our discretion, either A) Replace the services, products and materials with such services, products and materials that do not breach a warranty if such breach is identified to us within 30 days of payment, or B) Refund of the monies paid for the particular services, products and materials.

CA Civil Code 1542 Waivor- By accessing this site, I understand that I may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver. I acknowledge that I have read and understand, and hereby expressly waive the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, including Delaware, which provides as follows: "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."

Limit of Liability - Under no circumstances, including but not limited to negligence, will TVWritersVault.com or any of our Licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the website, or any products or services provided pursuant to the website, even if advised of the possibility of such damages. Applicable law may not allow the limitations or exclusion of liability for incidental, consequential or other damages, so the above limitation or exclusion may not apply. In no event shall the total liability of TVWritersVault.com or any of its licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by me to TVWritersVault.com, if any, for accessing the site. This agreement is applicable to any and all materials submitted at any time during membership with TVWritersVault.com. Any dispute arising out of or related to these Industry Standard Material Release Form/Terms of Service or the transaction between TVWritersVault.com and I shall be governed by the laws of the State of Delaware, without regard to its conflicts of law rules. I consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Delaware to resolve any dispute related hereto, and I waive all rights to contest this exclusive jurisdiction and venue of such Courts.  

Libel Law - I further agree that I will not make or conspire in any false and disparaging statements or potentially libelous publication concerning TVWritersVault.com, or any of its affiliates or subsidiaries.

Charge-backs and Unauthorized Payment Disputes: I agree that any charge-back made by my financial institution denying payment for services rendered by TVWritersVault.com and is "Reversed" by the merchant services for TVWritersVault.com and my financial institution, I am obligated and in agreement to pay a $25.00 "charge-back reversal fee". Such a penalty will be delivered by electronic invoice to me and pursued by the full authority of collection agencies and the merchant services fraud department. TVWritersVault.com will provide any financial institution disputing charges, full records of account confirmation, activity, and terms of service agreement, and fulfillment of services to all authorities and financial institutions necessary. For any returned personal check, a $25.00 administration fee will be imposed, and non-negotiable by financial institutions.

Membership Cancellation: TVWritersVault.com provides direct link to PayPal.com to discontinue subscription recurring membership payment via my own paypal account where I created such subscription. I understand and agree that it is my responsibility to cancel any recurring membership charges to my account. My account will remain in full active standing through the remainder of the current full membership period. Any demand for refund of membership fees will not be granted if writer has already received industry review by any member company during any period of membership. I hereby state that I have read and understand this agreement and that no oral representations of any kind have been made to me and that this agreement states our entire understanding. I acknowledge that but for my agreement to the above terms and conditions, you would not accede to any request to receive and consider the said material which I am submitting to TVWritersVault.com

Right to Publicity & Promotion: I understand and agree that TVWritersVault.com retains the right to publicize and promote any partnership, agreement, option, sale, development deal, acquisition, either formal or informal with any Industry Member or Company at the TV Writers Vault that I attain as a result of archiving any of my materials under my membership. The TV Writers Vault retains the right to disclose the identities or all parties involved, and general project details for use in promoting the interests and brand of the TV Writers Vault as an active industry entity by use of any and all forms of media whether now known or hereafter devised.

By typing "I AGREE" as my electronic and binding signature in the space provided, I confirm I have reviewed, understand and agree to TVWritersVault.com�s terms of service and Industry Standard Material Release Form/Terms of Service and that the terms and conditions of such shall govern me and my use of TVWritersVault.com and/or any of the services provided by TVWritersVault.com, including but not limited to i) any submission by me as a writer or ii) any review of the materials of others contained herein.

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