To apply, there are two documents required:
1. Responsibility of Website Visitors: You are responsible for your own internet browsing safety. We are not held accountable for any loss of data and maintaining external means will be of your accord. You understand that FilmWays Pictures Agency cannot and does not guarantee or warrant that the site and its contents will be free of infection or viruses, worms, Trojan horses, or other code that generates contaminating or destructive properties.
FilmWays Pictures Agency provides the site and related information “as is” and does not represent or imply warranties or endorsements or that it believes such material to be accurate, useful or non-harmful. FilmWays Pictures Agency does not warrant that the service will be uninterrupted or error-free or defects in the service will be corrected.
Furthermore, you understand that the pure nature of the internet contains untarnished materials some of which are sexually explicit, indecent, objectionable, or maybe offensive to you as well as content containing technical inaccuracies, typographical mistakes, and other errors. FilmWays Pictures Agency has no responsibility for such materials and disclaims any responsibility for any harm resulting from the use of the Website by visitors.
2. Limitation of Liability: FilmWays Pictures Agency will not be liable for:
(I) Any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or downloaded from the service, or any delay of such information or service. Even if FilmWays Pictures Agency or its authorized representatives understand the possibility of such damages.
(II) The cost of procurement of substitute products or services.
(III) For any amounts that exceed the fees paid by you to FilmWays Pictures Agency under this agreement during the twelve (12) month period prior to the cause of action. FilmWays Pictures Agency shall have no liability for any failure or delay due to matters beyond their reasonable control.
(IV) Any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.
Since some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, FilmWays Pictures Agency liability is limited to the greatest extent permitted by law.
3. Indemnification: You agree to indemnify, defend and hold harmless FilmWays Pictures Agency its officers, directors, agents, employees, contractors, licensors, parent company and partners, suppliers and any third party information providers to the service from and against all damages, costs, losses, and expenses, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the service.
4. Intellectual Property: This Agreement does not transfer from FilmWays Pictures Agency to you or any third party intellectual property. All rights, title, and interest in and to such property will remain (as between the parties) solely with FilmWays Pictures Agency. FilmWays Pictures Agency logos, service marks, graphics, and logos used in connection with FilmWays are trademarks or registered trademarks of FilmWays Pictures Agency or FilmWays Pictures Agency licensors. Other trademarks, service marks, graphics, and logos used in connection with the website may be the trademarks of other third parties. Your use of the website does not grant you usage and right or license to reproduce any FilmWays Pictures Agency or third-party trademarks.
5. Copyright Infringement and DMCA Policy: As FilmWays Pictures Agency asks others to respect its intellectual property rights, it respects the intellectual property rights of others as well. If you believe that such material located on or linked to by FilmWays Pictures Agencyviolates your copyright, you are encouraged to notify FilmWays Pictures Agency in accordance with common DMCA policies. FilmWays Pictures Agency will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of FilmWays Pictures Agency or others, FilmWays Pictures Agency may, in its discretion, terminate or deny access to and use of the website. In the case of such termination, FilmWays Pictures Agency will have no obligation to provide a refund of any amounts previously paid to FilmWays Pictures Agency.
6. Contribution to Website: You are responsible for any content you leave and post on the site including but not limited to, comments, links, or other materials (including allowed materials that a third party made) and any harm resulting from the content. Responsibility in the said content is assumed whether the content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
You acknowledge that you have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms;
You recognize that the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The content is not in any way spam, a machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting content to FilmWays Pictures Agency for inclusion on our website, you grant FilmWays Pictures Agency a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, FilmWays Pictures Agency has the right (though not the obligation) to, in FilmWays Pictures Agency’s sole discretion:
(I) Refuse or remove any content that, in FilmWays Pictures Agency’s reasonable opinion, violates any policy or is in any way harmful or objectionable
(II) Terminate or deny access to and use of the Website to any individual or entity for any reason, in FilmWays Pictures Agency’s sole discretion. FilmWays Pictures Agency will have no obligation to provide a refund of any amounts previously paid under these circumstances.
7. Changes: FilmWays Pictures Agency reserves the right, at its sole discretion, to apply modification or replace any part of this Agreement. It is your responsibility to ask for clarification if need be upon agreeing and check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FilmWays Pictures Agency may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination: FilmWays Pictures Agency reserves the right that it may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SocialEngine.net client account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by FilmWays Pictures Agency if you materially breach this Agreement and fail to cure such breach within thirty (30) days of FilmWays Pictures Agency’s notice to you thereof; provided that, FilmWays Pictures Agency can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties: FilmWays Pictures Agency and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement as the website is provided “as is”. Neither FilmWays Pictures Agency nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
10. General Representation and Warranty: You represent and warrant that:
(I) Your use of the website will be in strict accordance with the FilmWays Pictures Agency Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
(II) Your use of the website will not, in any way, infringe or misappropriate the intellectual property rights of any third party.
11. Miscellaneous: This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between FilmWays Pictures Agency and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court in Los Angeles County, California, in The United States of America.
Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. FilmWays Pictures Agency’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
FilmWays Pictures Agency may assign its rights and duties under this Agreement to any party at any time without notice to you. While winners have used their contest wins and the company introductions to forge successes in the industry, we do not provide or offer to provide, advertise, promise, or in any way represent that winners, finalists, or anyone who gets a positive score will receive employment as screenwriters, get signed by managers or agents, or get meetings in the industry as a result of a contest win. We make INTRODUCTIONS ONLY based on TALENT ONLY, but these introductions remain as is. Frequently, we look to our pool of contest winners to find said talent, but we’re looking for excellent writing everywhere. Furthermore, you may have full ability to obtain introductions from the Company to industry members in the company’s network WITHOUT ENTERING A CONTEST OR RECEIVING CONSULTING. Introductions are based on our subjective view of the STRENGTH AND TALENT OF THE WRITING and not on entering a contest. Please query support@FilmWays with your query letters under 500 words. If there is a project that sounds of interest we will reach out with a release and request the PDF. However, only scripts entered into one of our contests will be guaranteed to receive an evaluation score.
Any rights not expressly granted herein are reserved.