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Scripts Australia

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PRODUCERS / AGENTS / OTHER INDUSTRY PROFESSIONALS Terms and Conditions	SCRIPTS AUSTRALIA - Subscriber Terms and Conditions (“Agreement”) These terms set out the conditions under which we will permit access to the log-lines, treatments, synopses, screenplays, plays, manuscripts and other literary material (“Works”) published at the Scripts Australia website (“Site”). Please read these terms carefully before registering for our Service. When you complete your subscription details for the Service, we consider you to have accepted these terms and understand they are legally binding. 1. Scripts Australia does not acquire or develop literary material. The sole purpose of Scripts Australia’s service (“Service”) is to promote and facilitate introduction and interaction between writers and parties interested in developing or producing literary works. Scripts Australia does not review or evaluate any Work provided to it and expressly disclaims any warranty concerning the quality or content of any Work. 2. Scripts Australia does not approve or otherwise endorse any Work published at the Site, and does not accept any responsibility for suitability of any Work for any purpose, accuracy of any information, the legality of any content or any virus which may be contained in any Work. The Works are provided on an “as-is” basis, in the form submitted Scripts Australia by their authors. 3. You acknowledge that Scripts Australia does not own the Works published at the Site. Most Works are submitted for publication at the Site by individuals or companies (“Third Parties”) who have warranted to Scripts Australia that they are the owners of copyright in the Works and that the Works do not infringe any other person’s copyright or other proprietary rights. However, Scripts Australia cannot guarantee and will not be liable to you or any other person in any way in the event that any Third Party does not in fact possess all necessary rights in the Work. If you have a particular interest in any Work, we strongly recommend that you make you own enquiries prior to entering into any arrangement in respect of any Work. If you believe that copyright in any Work appearing at the Site is owned by a person other than the person purporting to be the owner, Scripts Australia would appreciate you bringing this to our attention by emailing us at support@scriptsaustralia.com.au. However, Scripts Australia will not be responsible for any disputes arising from ownership issues. 4. You acknowledge that this Agreement does not grant any licence to use, assign, further develop or other right in the Work. You may download copies of Work for the purpose of review in determining whether that Work is suitable for further development or production only. Any further use of the Work is subject to a separate agreement between yourself and the Work’s author(s). All negotiations relating to such agreements are your sole responsibility. Without limiting paragraph 7 below, you further acknowledge that your Subscription will be terminated immediately in the event that you make any use of any Work that is not expressly permitted by this Agreement. 5. You warrant to Scripts Australia that you will not: a. Use or copy any Work except as expressly provided in this Agreement; b. Modify, edit, alter or merge the Work with any other literary work; c. Engage in any further development of any Work without first obtaining the author’s prior written consent; d. Publish, publicly display or perform, disclose, loan, reproduce, distribute or create derivative works from the Work or otherwise make any Work available (in whole or in part) to any other person or entity for any purpose other than securing interest in the development and/or production of that Work; e. Remove or obliterate any copyright, trade mark or other proprietary notice attached to any Work; and f. That you are no less than 18 years of age and in no way restricted, whether contractually or otherwise, from entering and complying with terms contained in this Agreement and you hereby indemnify and will keep indemnified Scripts Australia against any claim, loss, injury or damage (including any legal costs and expenses properly incurred) occasioned to Scripts Australia and affected Third Parties arising through any breach by you of these warranties or other term of this Agreement. 6. You acknowledge you have read Scripts Australia’s Privacy Policy, available at the Site. 7. In the event that you are involved in the development or production of any Work through your use of the Service, you hereby grant to Scripts Australia the right to use your name, approved image and biography for the purposes of reasonable promotion of the Service. You will not be depicted as approving or endorsing any other product or service. 8. Scripts Australia reserves the right to terminate your access to the Service immediately upon becoming aware that there are grounds to suspect you have breached the warranties provided above. 9. Scripts Australia does not warrant that the Site will be provided on an uninterrupted basis, that your access to the Site will be error-free, or that Site content does not contain any viruses or defects which may damage your computer or network. You are strongly advised to take your own precautions concerning virus-checking and the security of your computer in accessing the Site, and agree that your use of the Site will be entirely at your own risk. The Site is provided “as is”. To the maximum extent permitted by law, Scripts Australia disclaims all other warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability of fitness for a particular purpose. Scripts Australia does not warrant that the functions at the Site will meet any requirements or needs you may have, is compatible with any particular platform or that any errors or defects will be corrected by Scripts Australia. You are responsible for maintaining all equipment and services required for your access to and use of the Site. 10. You must ensure you protect your password or Vault Key to the Site and not disclose it to anyone, including any of your employees or agents, who must obtain their own subscription to enable access to the Service. You may not allow any third party to use your Site subscription and agree to indemnify and hold Scripts Australia and affected Third Parties harmless from any damage or claims arising from such use by any third party. You further agree to notify Scripts Australia immediately upon becoming aware that an unauthorised use has been made of your password. 11. Any use by you of any name, trade mark or material belonging to Scripts Australia is subject to our prior consent. 12. Scripts Australia reserves the right to change the terms of this Agreement and access to the Service at any time, and may do so by making the modified provisions available at the Site. 13. You acknowledge entry into this Agreement does not create any relationship of confidence, employment, agency, partnership or joint venturers between us. 14. The validity, interpretation and performance of this Agreement will be governed by the laws of New South Wales, Australia without regard to its principles of conflict of laws. Any disputes will be determined in New South Wales. 15. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. 16. Neither party will be liable for failures due to causes beyond their control, including but not limited to acts of God, governments, fire, flood, strikes or acts or omissions of carriers. 17. Any waiver by either party of any default or breach of this Agreement will not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. 18. This Agreement constitutes the entire agreement between us concerning this subject matter. It supersedes any previous arrangement and any variation to these terms will only be effective if in writing, signed by both parties. -Pornographic scripts are strictly prohibited. Scripts Australia reserves the right to remove from the Script Vault at it’s discretion any script of pornographic nature without refund. -If Scripts Australia is repeatedly informed by producers/ agents that the quality of a certain script is not of professional standard, Scripts Australia reserves the right to remove the script from the Script Vault, inform the writer of the complaints and suggest improvements to it are made. Once these improvements are made, Scripts Australia may at its discretion re-lodge the script for the duration of unused lodgement time. -WHILST SCRIPTS AUSTRALIA ENCOURAGES PRODUCERS AND AGENTS TO CONTACT WRITERS -WRITERS MAY NOT CONTACT ANY PRODUCER/ AGENT WHO VIEWS THEIR LOG LINES OR SYNOPSES. ANY VIOLATION OF THIS WILL RESULT IN ACCESS TO THE SCRIPT VAULT BEING DENIED WITHOUT ANY REFUND. The reason for this is because producers/ agents may view hundreds of log-lines and synopses without finding what they are looking for. In these cases they do not want to be hassled by writers whose work they are not necessarily interested in. Scripts Australia has spent huge efforts encouraging industry professionals to use our service. Part of the attraction for them to use the service is being able to search for material in private and without distraction. - Each time a producer/ agent/ other industry professional downloads a synopsis, treatment or an entire script the writer will also be informed of the download. The user name of the person downloading the document(s) will automatically be emailed to the writer as well as to Scripts Australia. -Producers/ agents/ other industry professionals may contact writers at their own discretion. If a producer/ agent/ other industry professional downloads a TREATMENT or an ENTIRE SCRIPT, the writer of the TREATMENT or ENTIRE SCRIPT may contact the producer/ agent / other industry professional in the following way: If the writer is represented, the writer's representative MAY contact the producer/ agent/ other industry professional. This contact with the producer/ agent/ other industry professional must be made by the writer’s representative. If the writer is unrepresented, the writer must wait at least 21 days from the time of downloading before contacting the producer/ agent/ other industry professional. The writer may contact the producer BY WRITTEN LETTER ONLY. Scripts Australia will make the mailing address of the producer/ agent/ other industry professional available to unrepresented writers after this 21 day period has elapsed. -If a script is sold or optioned as a result of Scripts Australia’s service, Scripts Australia reserves the right to use the news of these successes in its ongoing advertising and marketing.
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WRITERS Terms and Conditions	SCRIPTS AUSTRALIA - Writer Terms and Conditions (“Agreement”) These terms set out the conditions under which we will accept your log-lines, treatments, synopses, screenplays, plays or manuscripts (“Work”) for publication at the Scripts Australia website (“Site”). Please read these terms carefully before submitting your Work. When you send your Work to us, we consider you have accepted these terms and understand they are legally binding. If you do not agree to these terms, do not submit your Work. Where the Work has been written by co-authors, the terms of this Agreement apply to each co-author jointly and severally. 1) Scripts Australia does not acquire or develop literary material. The sole purpose of Script Australia’s service (“Service”) is to promote and facilitate introduction and interaction between writers and parties interested in developing or producing literary works. 2) You will deliver the Work to us by uploading it yourself to the Site at www.scriptsaustralia.com.au. Australia. We accept the Work in the Microsoft Word file formats. We do not accept any responsibility or liability for loss of or damage to the file containing the Work, and recommend you retain at least one copy of it. 3) The Work will be published at the Site for a period of six months (“Initial Term”) for a fee of $50-00 (“Fee”). If you submit more than Work at the same time, the Fee per Work will be $45 per Work where 2 to 4 Works (inclusive) are lodged at the same time, and $40 per Work where 5 or more Works are submitted by you at the same time. The Work(s) will not be published at the Site until the full Fee in cleared funds has been received. We will accept payment by the following methods: Electronic Funds Transfer (EFT) or by mailing a cheque or money order for the correct amount to: Scripts Australia, PO Box 6109, Malabar, NSW, 2036. Scripts Australia reserves the right to vary the Fee at any time after expiry of the Initial Term. 4) Subject to these terms and conditions, when the Work is accepted by us is will be published at the Site for the Initial Term. At the end of this time, we will contact you regarding extension of this period. 5) You acknowledge you have read Scripts Australia’s Privacy Policy, available at the Site. 6) You hereby grant to Scripts Australia the non-exclusive right to publish the Work at the Site for the Initial Term (and any extension) and make the Work available to Subscribers in accordance with this Agreement. You acknowledge the Site is accessible from any territory of the world. 7) The Work will be accessible and promoted through the Site to industry professionals, such as agents, managers and producers who have registered as subscribers to Scripts Australia’s service (“Subscribers”). The terms under which Subscribers are entitled to access and use the Work are set out in the Subscriber Terms and Conditions available at the Site. In offering the Service, Scripts Australia provides no guarantee or promise to generate any interest in the Work either generally or with any particular party. While Scripts Australia is respectful of the value of your Work, it cannot control the acts of Subscribers accessing the Work at the Site and will not be responsible for those actions. Further, Scripts Australia takes no responsibility and will not be liable for any arrangement or agreement between you and any Subscriber as a result of either party’s use of or access to the Service. 8) You warrant to Scripts Australia that: 9) The Work is your own original work and that all necessary rights are vested in you, including the right to licence the Work to Scripts Australia and its Subscribers as provided in this Agreement; 10) The Work does not contain any material which is obscene, defamatory, in breach of confidence, infringes the rights of any third party, including copyright, or breaches of any law, including the Broadcasting Services Act 1992, which regulates internet content; 11) The Work, if classified by the Australian Office of Film and Literature Classification, would not be classified as “X” or “RC” (refused classification); 12) You have notified us in writing that the Work, if classified by the Australian Office of Film and Literature Classification, would be classified as “MA” or “R” and provided us with full details of the Work’s content to enable us to publish adequate warnings at the Site; 13) All files containing the Work are technically satisfactory and virus-free; 14) You are in no way restricted, whether contractually or otherwise, from entering and complying with terms contained in this Agreement; and 15) You are at least 18 years of age 16) And you hereby indemnify and will keep indemnified Scripts Australia against any claim, loss, injury or damage (including any legal costs and expenses properly incurred) occasioned to Scripts Australia and its Subscribers arising through any breach by you of these warranties or other term of this Agreement. 17) You acknowledge that Scripts Australia and its Subscribers may create or have access to other ideas and literary materials with themes, characters, plots and formats similar to the Work, which may also be published at the Site. Scripts Australia will not be liable to you in any way in respect of any such independently-created material provided to it or its Subscribers. Further, you hereby expressly release Scripts Australia from any and all present or future claims, demands and liabilities whatsoever that may arise in relation to the Work or your use of the Service, including any claim that any Subscriber has made unauthorised use of the Work. Scripts Australia does not verify ownership of Works and will not be responsible for any disputes arising from ownership questions. 18) You agree that Scripts Australia may, but will not be obliged, to publish brief synopsis (in the form provided by you) and/or extracts from the Work for the purpose of promotion of the Work to its Subscribers at the Site. 19) In the event development or production of the Work is facilitated through use of the Service, you hereby grant to Scripts Australia the right to use your name, approved image, biography and a brief testimonial of your experience for the purposes of reasonable promotion of the Service. You will not be depicted as approving or endorsing any other product or service. 20) Scripts Australia reserves the right to remove the Work from the Site immediately upon becoming aware that there are grounds to suspect you have breached the warranties provided above, including any breach of Australian online content standards. If you have any concerns regarding classification of the Work, we recommend you contact the Australian Office of Film and Literature Classification at www.oflc.gov.au for further assistance. 21) Scripts Australia does not warrant that the Site will be provided on an uninterrupted basis, that your access to the Site will be error-free, or that Site content does not contain any viruses or defects which may damage your computer or network. You are strongly advised to take your own precautions concerning virus-checking and the security of your computer in accessing the Site, and agree that your use of the Site will be entirely at your own risk. The Site is provided “as is”. To the maximum extent permitted by law, Scripts Australia disclaims all other warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability of fitness for a particular purpose. Scripts Australia does not warrant that the functions at the Site will meet any requirements or needs you may have, is compatible with any particular platform or that any errors or defects will be corrected by Scripts Australia. You are responsible for maintaining all equipment and services required for your access to and use of the Site. 22) You must ensure you protect your password or Vault Key to the Site and not disclose it to anyone. You may not allow any third party to use your Site subscription and agree to indemnify and hold Scripts Australia harmless from any damage or claims arising from such use by any third party. You further agree to notify Scripts Australia immediately upon becoming aware that an unauthorised use has been made of your password. 23) Any use by you of any name, trade mark or material belonging to Scripts Australia is subject to our prior consent. 24) Scripts Australia reserves the right to change the terms of this Agreement and access to the Service at any time, and may do so by making the modified provisions available at the Site. 25) You acknowledge entry into this Agreement does not create any relationship of confidence, employment, agency, partnership or joint venturers between us, including in relation to the Work. 26) The validity, interpretation and performance of this Agreement will be governed by the laws of New South Wales, Australia without regard to its principles of conflict of laws. Any disputes will be determined in New South Wales. 27) If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. 28) Neither party will be liable for failures due to causes beyond their control, including but not limited to acts of God, governments, fire, flood, strikes or acts or omissions of carriers. 29) Any waiver by either party of any default or breach of this Agreement will not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. 30) This Agreement constitutes the entire agreement between us concerning this subject matter. It supercedes any previous arrangement and any variation will only be effective if in writing, signed by both parties. Please include relevant details and sign in the space indicated below to indicate your acceptance of these terms. Where applicable, this Agreement should be signed by each Co-Author of the Work, and a separate Agreement should be signed in relation to each Work submitted for publication. Please forward a signed copy to Scripts Australia by post to PO Box 6109, Malabar, NSW, 2036 or facsimile to +61 2 9311 1609. _____________________________________ Signature of Writer Date: Name(s) of Writer(s):________________________________________________________ Address: _________________________________________________________________ Email: ____________________________________________________________________

	WRITERS MUST DOWNLOAD TERMS AND CONDITIONS AND MAIL IT BACK. Scripts Australia will activate your Membership and Vault Key (password) once you sign the terms and conditions and mail it back to us. Click here to Download Terms and Conditions

Unless otherwise indicated, all content at this Site contains copyright material protected by Australian Copyright Law and international treaty provisions. All rights not expressly granted under the Subscriber and Writer Terms and Conditions are reserved by Scripts Australia. No reproduction is permitted except with Script Australia’s prior written consent. You must not remove any proprietary notice from any page at the Scripts Australia Site. © Scripts Australia 2004