For Writers who agree to allow their materials to be viewed by industry professionals for possible development or acquisition.
DO NOT ACCEPT THIS AGREEMENT UNTIL YOU HAVE READ AND UNDERSTOOD IT COMPLETELY. BY CLICKING “ACCEPT”, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
I recognize the possibility that the Material may be similar to material that has or may come to the Professionals from other sources. I understand and acknowledge that unless the Professionals can obtain adequate protection in advance, the Professionals will refuse to consider the Material. The protection for the Professionals must be sufficiently broad to protect the Professionals, their related companies, and the Professionals and their related companies’ employees, agents, licensees and assigns and all other related parties who may be reviewing such Material. Therefore, all references to “Professional” will include each and all of the foregoing. In addition, I acknowledge that Professional is an express beneficiary of this Agreement.
As an inducement to Professionals to examine the Material, and in consideration of the Professionals so doing, I represent, warrant and agree as follows:
1. I acknowledge that the Material is submitted by me voluntarily and not in confidence, and that no confidential relationship is intended or created between any Professional and me by reason of submission of the Material to the Site. Nothing in this Agreement, nor the submission of the Material, shall be deemed to place the Professionals in any different position from any other member of the public with respect to the Material. Accordingly, any part of the Material that could be freely used by any member of the public may be used by the Professionals without liability to me. In addition, I understand that the Professionals review numerous submissions and that the Professionals have access to and/or may create or have created literary material, formats, stories, and the like, and that many such submissions received by the Professionals are similar to those developed by the Professionals or the Professionals’ employees or otherwise available to the Professionals. I agree that I will not be entitled to any compensation because of the use by the Professionals of any such similar material. I further agree and acknowledge that nothing herein shall prevent the Professionals from entering any line of business competing, directly or indirectly, with me.
2. Notwithstanding the foregoing, in the event a Professional wishes to use or acquire the Material, the Professional shall first negotiate with me and agree upon compensation to be paid to me for such use, but I understand and agree that the Professional’s use of material containing features or elements similar to those contained in the Material shall not obligate the Professional to negotiate with me nor entitle me to any compensation if the Professional determines that the Professional has an independent legal right to use such other material which is not derived from me (either because such features or elements were not new or novel, or were not originated by me, or were or may hereafter be independently created and submitted by other persons, including the Professional’s employees).
3. In addition, I specifically acknowledge and agree that (a) no further consideration shall be due me hereunder in connection with my making the Material available to the Professionals, the Professionals’ review of the Material, or the Professional’s non-commercial use of the Material; (b) the Professionals would refuse to accept, consider, or otherwise evaluate my Material in the absence of my acceptance of each and all of the provisions hereof; and (c) no obligation of any kind is assumed or may be implied against the Professionals by reason of the Professionals’ review of the Material or any discussions or negotiations I may have with a Professional.
4. I represent and warrant that I am the sole owner and author of the Material (or that I have secured all necessary rights from all applicable third parties in and to the Material), and that I have the exclusive right and authority to post the Material to the Site and to submit and/or convey the same to the Professionals upon the terms and conditions stated herein.
5. I assume full responsibility for any loss of the Material, irrespective of whether it is lost, stolen or destroyed in transit, or while in a Professional’s possession, or otherwise. Neither Company nor Professional shall be under any obligation to return any Material, documents or other tangible objects containing or representing Material which have been disclosed or provided to the Professional, or any copies thereof which are in the Professional’s possession.
6. Except as otherwise provided in this Agreement, I hereby release the Professionals, the Company, and their respective affiliated companies, officers, directors, agents, licensees and assigns, of and from any and all claims, demands and liabilities of every kind whatsoever, known and unknown, that may arise in relation to the Material or by reason of any claim now or hereafter made by me that the Professional used or appropriated the Material, except for fraud or willful injury on the Professional’s part.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE FOREGOING, AND ACKNOWLEDGE THAT I WAS ADVISED THAT I HAD THE OPPORTUNITY TO HAVE AN ATTORNEY REVIEW THE SAME, WHETHER OR NOT, IN FACT, I CHOSE TO HAVE AN ATTORNEY DO SO.