PLEASE READ CAREFULLY - THIS IS A BINDING CONTRACT
This Peachy Screen Writer Account Agreement ("Agreement") is a binding agreement between Peachy Screen, LLC ("Peachy Screen", "we" or "us"), which, together with its affiliates, operates Peachyscreen.com and the Peachy Screen submission platform ("Peachy Screen") and you or, if applicable, the company or other legal entity you represent ("you"). This Agreement incorporates by reference: the Peachy Screen Privacy Notice posted on www.peachyscreen.com; the Use Policy posted on www.peachyscreen.com; the Participation Guidelines posted on www.peachyscreen.com; and other policies, conditions, rules and procedures that we post and update on Peachy Screen over time. You accept the terms of this Agreement by clicking to confirm acceptance or by creating an Peachy Screen account. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or legal entity to this Agreement. If you do not have the authority, or if you do not agree with the terms of this Agreement, you may not create an account.
1. Amendments to this Agreement
Peachy Screen will grow and evolve over time. As it does, we'll need to adapt the terms of this Agreement. Unless we otherwise note at the time of posting, changes to this Agreement will be effective immediately upon posting. You accept changes by using Peachy Screen after we have posted changes or, if we provide you a means of indicating your acceptance online, by clicking to confirm acceptance.
2. Account Creation
2.1. Opening an account gives you access to features of Peachy Screen you wouldn't otherwise have access to, such as the ability to upload content, post reviews and comments, send messages to other users, participate in forums and create a profile for your account.
2.2. To open an account, you must be at least 18 years old or the legal age of majority in the jurisdiction in which you reside.
2.3. When creating and updating your account, you must provide accurate and complete information. You must also keep your contact information accurate and up-to- date. You may not use a false name or a name, username or password you are not authorized to use. You may not use someone else's account. You may not use a false e-mail address, impersonate any person or entity, or otherwise misrepresent the origin of any review, comment, forum post, screenplay, movie or other content or communication. We may remove or reclaim a username you select if we believe the name you have chosen creates confusion with someone else or is otherwise inappropriate.
2.4. You're responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for losses caused by any unauthorized use of your account.
2.5. We may suspend or terminate your account or your participation on Peachy Screen at any time. You acknowledge that if we do so, you may be prevented from accessing communications and content on Peachy Screen. If we terminate your account, you must stop using all Peachy Screen accounts and you will not create any new accounts. You may appeal your termination using the procedures found in the Use Policy.
3. Licenses from You to Peachy Screen
3.1. If you upload scripts, movies, shows and content to Peachy Screen for review using the submission tools found on www.peachyscreen.com, other content that you submit, such as reviews, forum posts, proposals and comments ("Other Materials") and content about yourself that you contribute for your Peachy Screen profile ("Profile Content"), you grant us and our affiliates the following rights:
3.1.1 For Profile Content, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, display and distribute the content on or in connection with Peachy Screen. This license ends if you delete your profile unless you have shared your content with others and they posted it on Peachy Screen and have not deleted it. When you delete Profile Content, a backup copy of it may remain in backup copies on our servers, but it will not be publically available on your Peachy Screen profile.
3.1.2 For Other Materials, a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Other Materials in any media for the term of copyright in the Other Materials. This license includes the right to use and display your name and the name that you submit in connection with the Other Materials (if different) on and in connection with Peachy Screen.
3.1.3 For scripts or other artistic content which you submit to us you grant us rights to display and distribute Content for purposes of gaining feedback and publicity for your work. This Agreement does not grant us rights to create a television series, movie, or other work based on your Submission. For formatting and other uses in furtherance of your mission of publicity and feedback, you grant us the license to non-materially modify your work to fit our platform.
3.2. You represent and warrant that you own or otherwise control all of the rights to Profile Content and Other Materials. The rights you grant us under this Agreement are in addition to and don't limit rights we have under law. If you are outside the United States, you consent to having your personal data transferred to and processed in the United States.
3.3. It is understood that the way Peachy Screen is able to entice new entertainment professionals to use Peachy Screen is by promotion of Peachy Screen results. Therefore, you promise to always inform Peachy Screen of any relationship you form with any entertainment professional that was in any way found, heard about or nurtured through Peachy Screen, and grant a license to Peachy Screen that it can not only promote you and your works, but also promote itself. It is understood that this is a condition to using Peachy Screen. If a Writer gains writing work, sells or options a script, goes into development with a script or obtains representation as a result of our efforts, Peachy Screen.com has a license to post this success on their website and in their newsletters and press releases. If a script is sold/optioned or you get work, a development deal, representation, etc., through Peachy Screen, you must inform Peachy Screen via email. Peachy Screen reserves the right to announce any successes obtained through our network.
4. Content and Communications
4.1. All of your Profile Content and Other Materials and all communications you make on any communication mechanism we provide on Peachy Screen are subject to our Participation Guidelines and the Privacy Notice and may not:
4.1.1. be illegal, obscene, infringing, invasive of privacy or other rights of any person, defamatory, in violation of any policies posted on Peachy Screen, in violation of any agreements with third parties or otherwise injurious to third parties;
4.1.2. threaten, harass or intimidate any user; or
4.1.3. contain software viruses, political campaigning, commercial solicitations, chain letters, mass mailings, or any form of "spam."
4.2. While we don't currently have limits on the frequency of communications you send or receive or on the amount of storage space you use on Peachy Screen, we may introduce them in the future.
4.3. We have no obligation to make any content available on Peachy Screen or to otherwise use it in any way. If we make any content available on Peachy Screen, we may remove it at any time in our sole discretion.
4.4. You agree to comply with all applicable laws in connection with your use of Peachy Screen.
5. Control of Services
We have discretion over the design and operation of Peachy Screen and all services we offer. We may modify or discontinue Peachy Screen or any service we provide at any time in our sole discretion.
You will indemnify and hold harmless us, our licensees, our sublicenses, our distributors, our producers, any party to which we assign any of our rights under this Agreement or any Submission Agreement, and our and their affiliates and successors, and each of their directors, officers, members, shareholders,
employees, associates, agents, and representatives (the "Peachy Screen Parties") from and against any losses, damages, liability, claims, costs, judgments and expenses (including, without limitation, reasonable outside attorneys' fees) incurred by reason of any claim arising in connection with any breach or alleged breach of your obligations, representations, or warranties under this Agreement or other agreement you enter into with any of the Peachy Screen Parties on Peachy Screen (an "Peachy Screen Agreement"). This means that, among other things, you may be required to pay for the cost of counsel to defend the Peachy Screen Parties and to pay for damages awarded in a court of law against the Peachy Screen Parties, any amounts payable to settle any claim or proceeding, and any costs associated with the resolution of any claim or proceeding.
7. User Generated Content
You acknowledge that Peachy Screen will include screenplays, movies, shows, reviews, forum posts, comments, messages and other content submitted by you and other users of Peachy Screen ("User Generated Content"). The Peachy Screen Parties are not responsible in any way for any User Generated Content and you hereby irrevocably waive any claim and any legal or equitable rights or remedies you may have against any Peachy Screen Party with respect to User Generated Content, including, without limitation, any claim for copyright infringement. If you have, or believe that you have, any legal or equitable claim related to any User Generated Content, your sole remedy is to assert your claim directly against the Peachy Screen participant who submitted the User Generated Content.
8. Term and Termination
We may terminate this Agreement at any time without notice. You may terminate at any time by giving us notice of termination in accordance with this Agreement and discontinuing your use of Peachy Screen. Termination of this Agreement will not affect or discharge any other agreement you have entered into with us or our affiliates or any rights you have granted to us through Peachy Screen. All provisions of this Agreement survive termination of this Agreement unless specifically stated otherwise.
8.1. Termination Procedures: Failure to submit timely and sufficient payment by credit card will result in the termination of your account and the cessation of all services rendered to you by Peachy Screen. Late payments of more than five (5) days will result in the removal of all scripts from public. You will have 30 days within which to correct any defaults after which time Peachy Screen may, and with full authority and authorization by you, delete any and all information and documents uploaded to Peachy Screen. If you wish your account to be terminated faster, please contact Peachy Screen directly using the information found below, on the website, or in the Use Policy. You will be billed for the time your account remains open.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PEACHY SCREEN AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDING SOFTWARE, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH PEACHY SCREEN ARE PROVIDED BY PEACHY SCREEN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PEACHY SCREEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PEACHY SCREEN OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDING SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH PEACHY SCREEN, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF PEACHY SCREEN IS AT YOUR SOLE RISK. YOU HEREBY WAIVE ALL CLAIMS AGAINST PEACHY SCREEN TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF PEACHY SCREEN, FROM THIS AGREEMENT OR ANY PEACHY SCREEN AGREEMENT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, INCLUDING SOFTWARE, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PEACHY SCREEN, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. LAWS IN CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. WITHOUT LIMITING THE FOREGOING, YOU HEREBY WAIVE ALL CLAIMS TO DAMAGES OF ANY KIND ARISING FROM THIS AGREEMENT OR ANY PEACHY SCREEN AGREEMENT, WHETHER IN CONTRACT OR TORT, IN EXCESS OF $25 AND THE ENTIRE LIABILITY OF ALL PEACHY SCREEN PARTIES TO YOU FOR SUCH DAMAGES WILL NOT EXCEED $25.
10. No Rescission or Injunctive Relief
All rights granted to Peachy Screen under this Agreement or any Peachy Screen Agreement are irrevocably vested. No breach by Peachy Screen of this Agreement or any Peachy Screen Agreement will entitle you to equitable relief, whether injunctive or otherwise, against or with respect to your content or any other works produced pursuant to the rights granted under this Agreement or any Peachy Screen Agreement or their exploitation. If the rights granted to Peachy Screen under this Agreement or any Peachy Screen Agreement should revert to you under any copyright law or similar law, and if you are at any time thereafter prepared to enter into an agreement with a third party for the license, exercise or other disposition of all or any of those rights, you will, before entering into the agreement, give Peachy Screen notice of the proposed terms (and all modifications of the terms) and the party involved. In each case, Peachy Screen will then have 10 business days in which to elect to acquire the rights involved on the terms contained in the notice.
Any dispute or claim between you and Peachy Screen relating in any way to this Agreement, any Peachy Screen Agreement, your visit to the Site or properties contributed to, developed on or distributed by or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Registered Agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's
Supplementary Procedures for Consumer-Related Disputes.
The AAA's rules are available at www.adr.org or by calling 1-800- 778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Peachy Screen and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Peachy Screen and you each waive any right to a jury trial. You and Peachy Screen also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
12. Applicable Law
By visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Peachy Screen.
13. Feedback and Other Content
If you provide suggestions, ideas, comments, reviews, proposals, or other feedback to us (whether written, verbal or in any other format or manner) in connection with Peachy Screen ("Feedback"), we are free to use your Feedback in any manner without restriction and without compensating you.
Our failure to enforce your strict performance of any provision of this Agreement or any Peachy Screen Agreement will not constitute a waiver of our right to subsequently enforce the provision or any other provision of this Agreement or any Peachy Screen Agreement.
All notices sent by you with respect to this Agreement or any Peachy Screen Agreement should be sent by certified mail to the following address:
1250 Pimlico Lane
Bishop, GA 30621
All other notices and inquires (including any notices of copyright infringement or customer service issues) will not receive a response through this process and should use the notice procedures set forth in the Use Agreement. We may send notices to you by sending an email to the email address you supply when registering for an account, by posting a notice on Peachy Screen or by contacting you at any other addresses, phone numbers or email addresses you provide to us.
16. Complete Agreement; Enforceability
This Agreement and any Peachy Screen Agreement constitute the entire understanding between you and Peachy Screen related to Peachy Screen. If any provision of this Agreement or any Peachy Screen Agreement is found to be invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any other provision.
17. Electronic Signatures
YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS AND ANY OTHER PEACHY SCREEN AGREEMENT BY ELECTRONIC MEANS CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THE AGREEMENT.