Terms of Use

Please read these Website Terms of Use (“Terms”) carefully before using this website (“Site”). Using this Site indicates that you accept these Terms. If you do not accept these Terms, do not use this Site.

Effective as of December 27, 2007

  1. General. This Site is owned and operated by Scripped, Inc., a Delaware corporation (“Scripped”, “Scripped.com”, “we” or “us”). Scripped reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting. Persons who visit this Site (“you”) thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
  2. Copyright. All information, content and material made available at this Site, including but not limited to video, audio, scripts and other writings (collectively, “Materials”) is protected by copyright. Such copyrights may be owned by Scripped, our licensees and licensors, or other users of this Site. To encourage our users to make full use of the features of this Site and to share their works with other users, certain areas of this Site contain Material that is both proprietary and confidential (such Material, “Confidential Materials”). Confidential Materials, which are assigned a certain privacy level, are available to be viewed only by users within that privacy level.
  3. No Material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that (i) you may download one copy of Materials that are not Confidential Materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices, and (ii) only if the webpage on which the Confidential Materials are located contains a feature allowing you to print, you may produce one printed copy of such Confidential Materials for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices.
  4. Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of Scripped, or other entities or persons where so indicated, unless Scripped or the copyright owner has provided said Material for such express purpose. Permission for all other uses of Materials contained herein, including reproducing and distributing multiple copies or using Materials on any other website or networked computer, or linking to any page at this Site except the “home page” (http://www.scripped.com), must be obtained from Scripped or the appropriate copyright owner in advance; otherwise, such use is prohibited. Requests for such authorization from Scripped should be submitted via an email to legal@scripped.com or messaged directly to the owner through the Scripped.com messaging service. All design rights, databases and compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill are proprietary to Scripped.
  5. Certain users of this Site are authorized to access and use Scripped's proprietary script-writing software (the “Software”). Scripped does not transfer title to the Software to you. While you may own the hardware through which the Software is accessed, Scripped retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving Scripped, or another company where so indicated, prior written notice of such activities.
  6. Trademarks. All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to Scripped.com and Scripped, Inc., are proprietary to Scripped or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
  7. User-Submitted Information. Scripped.com is a unique environment where users such as yourself are strongly encouraged to participate through the submission, posting and storage of content they have created without fear of their work being misappropriated. This Site offers a number of ways in which you may submit content, including, but not limited to, our community forums, messaging and chat features, web logs, user profiles, writer groups, and script-authoring application. Some of these features employ security measures intended to ensure the confidentiality of Materials you submit, such as text-to-image conversion, pagination, oversight and backups of all Scripped.com databases, IP address tracking, and implementation of the latest PHP, MySQL and Linux libraries and functions, and records of user access to Materials.
  8. You must exercise caution, good sense and sound judgment in using this Site. You, and not Scripped, are responsible and liable for any Material you transmit to or through the Site or to us through email. You agree, represent and warrant that any Material you transmit to or through the Site or to us through email is a) truthful, accurate, and not misleading (other than fictional writing done as part of a script), b) offered in good faith, and c) that you have the right to transmit such information. We reserve the right to screen, refuse to post, remove or edit any Materials at any time and for any or no reason in our absolute and sole discretion without prior notice; however, we have no obligation to monitor, screen, remove or edit any Materials, and we do not endorse or guarantee the accuracy or reliability of any Materials. Certain information submitted by you, or otherwise collected from you, is subject to Scripped's privacy policy, available at http://www.scripped.com/privacy and in the footer of this Site.
  9. You acknowledge that anything you submit to this Site may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and that although we endeavor to provide substantial security measures to protect Confidential Materials, we cannot guarantee the confidentiality or privacy of any submission and are not liable for any damages resulting from the disclosure of Confidential Material. Scripped is not liable for any damages resulting from the loss of, or the loss of access to, any Material submitted by you to our Site due to problems with our software or computers used by us; however, we will use our best efforts to recover any Materials lost in such fashion.
  10. You also acknowledge that certain portions of this Site are for public and not private communications. Please keep in mind that whenever you give out personal information online, that information can be collected and used by people you don't know. You make such disclosures at your own risk. When participating in a public forum on this Site or any website, never assume that people are who they say they are or are affiliated with whom they say they are affiliated with. We cannot be responsible for the accuracy of any Material posted by a user on this Site, and we shall not be responsible for any decisions made or actions taken or not taken based on such Material. Although certain portions of this Site may be restricted to only authorized users, Scripped shall have no liability if unauthorized persons nevertheless obtain access.
  11. Unsolicited Ideas. Scripped does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any Material to or through this Site or to us through email that you consider to be confidential or proprietary, other than scripts or articles that have been assigned a privacy level. Any other Material that you transmit to or through this Site or to us through email will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in Scripped's privacy policy, you give Scripped an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute Materials that are not Confidential Materials. Except for Confidential Materials, you further agree that Scripped has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site or to us through email.
  12. Registration. There are portions of this Site that we make available to users in the general public without registering and you may visit or browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you. There are other features of this Site that we make available only to users who register to use this Site, which you may do at no cost by visiting http://www.scripped.com/signup.
  13. If you register to use this Site, you agree to provide, maintain and update true, accurate, current and complete information about yourself when registering. If you do not provide such information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of this Site. You may only have one active account on this Site at any given time and only you may use your designated account to access the Site. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this Site by emailing us at legal@scripped.com or by using the “report” function on the relevant page. In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
  14. Site Security. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Scripped will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
  15. Other Prohibited Activities. In using this Site, you must also not:
    • Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
    • Misrepresent your identity or affiliation in any way;
    • Restrict, discourage, or inhibit any person from using this Site, disclose personal information on this Site or obtained from this Site, or collect information about users of this Site;
    • Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
    • Gain unauthorized access to this Site, other users' accounts, names, or personally identifiable information, or other computers or websites connected or linked to this Site;
    • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
    • Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
    • Violate any applicable laws or regulations or these Terms; or
    • Assist or permit any persons in engaging in any of the activities described above.
  16. Links to Other Websites. As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of Scripped proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Scripped. Scripped is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Scripped of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
  17. Jurisdictional Issues. This Site is controlled and operated by Scripped from its offices within the State of California, United States of America. Scripped makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
  18. Termination. Scripped may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Materials obtained from this Site and all copies thereof. If your account is terminated, any documents created by you with the Software will be emailed to you in PDF form in due course. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
  19. Disclaimer. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCRIPPED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCRIPPED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCRIPPED DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SCRIPPED ALSO CAUTIONS YOU THAT CERTAIN MATERIALS MAY CONTAIN WORDS OR SUBJECT-MATTER THAT YOU FIND OFFENSIVE  THEREFORE YOU SHOULD READ MATERIALS ONLY AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  20. Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SCRIPPED BE LIABLE FOR ANY COMPENSATORY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM 1) THE USE OF THIS SITE OR THE MATERIALS ON IT, 2) THE INABILITY TO USE THIS SITE OR THE MATERIALS ON IT, 3) THE MISAPPROPRIATION OF MATERIALS, OR 4) THE LOSS OF, OR DAMAGE TO, MATERIALS FOR ANY REASON, EVEN IF SCRIPPED OR A SCRIPPED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  21. Indemnity. You agree to indemnify, defend and hold Scripped and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.
  22. Children. This Site is not intended for children under the age of 13. If you are under 13 years of age, please do not use or access this Site at any time or any manner. By using this Site, you affirm that you are over the age of 13. Scripped does not seek through this website to gather personal information from or about persons under the age of 13.
  23. Privacy. Use of this Site is also governed by Scripped's privacy policy, available at http://www.scripped.com/privacy and in the footer of this Site.
  24. Copyright Infringement. Scripped respects the intellectual property of others and takes the protection of copyrights very seriously, and we ask our users to do the same. We therefore employ multiple measures to prevent copyright infringement on this Site. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at legal@scripped.com and provide the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  25. WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
  26. We have a policy of terminating accounts of repeat infringers. A repeat infringer includes any user who has submitted or posted two or more Materials for which we receive a notice of infringement. You agree that if your account is terminated pursuant to these Terms, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated you indemnify and hold us harmless from any and all liability that we may incur therefore.
  27. Other. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any dispute regarding the division of credit for Confidential Materials will be resolved in arbitration using the guidelines employed by the Writers Guild of America, West, available at http://www.wga.org. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
  28. If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to legal@scripped.com or via a letter to Scripped, Inc., 1390 Kelton Ave., #211, Los Angeles, CA 90024. We will endeavor to respond to you promptly.

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