[For individuals who are posting written material]
DO NOT ACCEPT THIS AGREEMENT UNTIL YOU HAVE READ AND UNDERSTOOD IT COMPLETELY. BY CLICKING “ACCEPT”, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
This agreement, including the Writers Spotlight Terms of Service and Privacy Policy, each incorporated herein by reference (the “Agreement”), applies when you (“Writer”) access, use, or visit the Writers Spotlight website (“Site”) to post written submissions to the Site. The Site is provided to Reviewer by Writers Spotlight LLC (“Company”). For good and valuable consideration, the receipt, sufficiency and legal adequacy of which are hereby acknowledged, Writer hereby agrees as follows:
1. Submitted Material. Writer hereby acknowledges, certifies and agrees that all material posted by Writer to the Site, including without limitation all ideas, suggestions, themes, plots, stories, characterizations, dialogue, titles, artwork, and other material (collectively, “Material”): (i) is or will be original with Writer (or is in minor part in the public domain); (ii) has not been exploited in any manner and/or medium; (iii) is not and will not be based in whole or in part on the life of any real person, or, if based on the life of any real person, Writer has obtained all necessary rights from such persons; (iv) any Material contributed by Writer, to the best of Writer’s knowledge (including that which they should have known in the exercise of reasonable prudence), does not and will not infringe upon the copyright of any person or entity; and does not and will not constitute a libel or slander of any person or entity or infringe upon or violate the right of privacy or any other right of any person or entity. Writer will indemnify, defend and hold harmless Company and its affiliates and each of Company’s and its affiliates’ respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors (“Released Parties”) from and against any claims, damages or expenses (including reasonable costs and attorney’s fees) arising out of a breach or alleged breach of Writer’s representations and warranties.
2. Posted Photograph / Rendering. Writer hereby releases the Released Parties from any claim of any kind or nature whatsoever arising from the use of any photograph or rendering featuring Writer’s image or likeness that Writer posts to Site, including without limitation those based upon defamation (including libel and slander), invasion of privacy, right of publicity, copyright or any other personal and/or property rights, and Writer agrees that Writer shall not now or in the future assert or maintain any such claim against Company. Writer represents that Writer is the owner, and/or authorized representative of the owner, of the copyright in the photograph or rendering, and that Writer has the authority to post the photograph or rendering and to the grant permission and rights herein granted, and that no one else’s permission is required, and Writer will indemnify, defend and hold harmless the Released Parties from and against any claims, damages or expenses (including reasonable costs and attorney’s fees) arising from a copyright infringement or other claim brought by a third party alleging ownership of such photograph or rendering.
3. Professionals. Writer hereby agrees and acknowledges that Company makes no representations or warranties as to the ability of any entertainment industry professional (each, a “Professional”) who has access to Writer’s Material via the Site to actually acquire, develop, produce, distribute, or otherwise exploit the Material. In addition, Writer hereby agrees and acknowledges that Site serves solely as a host for Material and will not serve in any capacity as an intermediary, and will have no involvement with, any contact and/or negotiations Writer may have with a Professional for any potential acquisition or exploitation of the Material, and Writer hereby releases the Released Parties from any claim of any kind or nature whatsoever arising from any contact between any Professional and Writer and/or arising from any Professional’s option, acquisition, development, production and/or exploitation of any Material, and agree that Writer shall not now or in the future assert or maintain any such claim against the Released Parties.
4. Reviewers. Writer hereby agrees and acknowledges that Company makes no representations or warranties as to the level of expertise of any individual whose reviewing services are made available via the Site (each, a “Reviewer”) nor to the quality of any notes or revisions provided or made by any Reviewer of Writer’s Material. Writer hereby releases the Released Parties from any claim of any kind or nature whatsoever arising from any contact between any Reviewer and Writer and/or arising from any contributions made by a Reviewer to any Material, and agrees that Writer shall not now or in the future assert or maintain any such claim against the Released Parties.
5. Acknowledgement of Risk / Release. Writer hereby acknowledges that there are certain risks inherent in making Writer’s Material available to other individuals, including, without limitation, unauthorized use of Writer’s Material, and Writer hereby agrees that Company has no ability nor obligation to prevent unauthorized use of the Material by other Writers, Reviewers, or Professionals who have access to the Material via the Site. It is the sole responsibility of Writer to obtain protection for the Material (e.g., registration with the United States Copyright Office and/or Writers Guild of America, etc.), and Writer hereby releases the Released Parties from any and all claims, demands and liabilities of every kind whatsoever, known and unknown, that may arise in relation to third party access to Writer’s Material as a result of Writer having submitted Writer’s Material to the Site.
