Last Updated: May 20, 2011
This website (this "Site") is owned and operated by JuntoBox Films, LLC ("Company" or "our" or "we" or "us"). This Site consists of services and content provided by Company, our affiliated entities and third parties.
3. User Registration and Conduct; Project Development
A. As a registered user of this Site you may submit your profile and projects to the Site, including but not limited to biographical data, including without limitation any photos of yourself and any other personal information you provide through your public profile (“Profile Information”), and information about your projects, including without limitation written materials, photos, and audio-visual material (collectively, your “Project Content”), as well as provide comments on the projects of third parties and post links to other content (“User-Generated Content”). (Your Profile Information, Project Content and User-Generated Content are collectively referred to herein at times as “Content”).
D. We shall have a right of first negotiation with respect to any of your projects you upload to the Site, exercisable as set forth herein. In the event that you desire to develop, produce or exploit rights in your project with any third party, you shall promptly notify us thereof and, at our election, we shall have exclusive negotiation rights with respect to the terms and conditions of an agreement for you project for up to thirty (30) days from the date of our receipt of such notice from you. During that thirty (30) day period, you agree not to negotiate with any third party. If an agreement is principal is not reached between us within the thirty (30) day period, you shall be free to negotiate with third parties with respect to your applicable project with no further obligation to us in connection with such project.
E. Once you have created a profile, you can create a project page. By creating a project page, you may participate in the development of your project by moving through the social development process. There are five (5) levels to the social development process, which are designed to cultivate and build support for your project. To reach level one of the social development process, you must create and upload a logline and a synopsis for your project. A logline is a one-liner of your story idea. A synopsis is a description of your project containing information about the characters and central plot. To reach level two of the social development process, in addition to completing the requirements to reach level one, you must create and upload a video pitch or short clip in your voice to convey the story visually and attain at least ten (10) followers of your project. To reach level three of the social development process, in addition to completing the requirements to reach level one and two, you must create and upload a treatment or part of the script for your project and attain at least twenty (20) followers of your project. To reach level four of the social development process, in addition to the completing requirements to reach level one, two and three, you must create and upload a script for your project and attain a 3-star average rating for your project, with a minimum of eighty (80) people rating your project. The script must contain your completed story and the blueprint for your film. Upon uploading your script, it will be designated as private and can be read by third parties by invitation only. To reach level five of the social development process, in addition to the completing requirements to reach level one, two, three and four, you must attain a 4-star average rating for your project, with a minimum of eighty (80) people rating your project.
F. Once you have reached level 5 of the social development process, your project with be assessed by us and considered for active development. If, after our assessment period, we select your project for active development, you will be contacted by us and we will send you our standard JuntoBox Films Option Agreement. Upon signing the JuntoBox Films Option Agreement, your project will move into active development and will be assessed by us for an additional period of four (4) months, subject to the terms set forth in the JuntoBox Films Option Agreement. If, at the end of our assessment period, your project is not selected by us for active development, you shall have no further obligation to us and we shall have no further obligation to you with respect to your project, and all rights in and to your project shall retained by you and any User-Generated Content contributed by any other users to your project shall be assigned to you. We intend to select approximately five (5) projects each year to proceed to level five of the social development process and proceed to active development. While we intend to produce several projects each year, we have no obligation to do so or to use any of your project materials.
G. You understand that Company does not guarantee any confidentiality with respect to your passwords, or any Content you uploaded to the Site, unless you specifically designate such content as private (if such option is available for the applicable Content). You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Site. You can use music, clips, photographs or other content in your Content, but you must have the appropriate license to do so if such materials are not owned by you. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit. You shall not upload, post, submit or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. You are required to notify us immediately in writing if any party uses your account in an authorized manner. We are not liable for any damages or losses caused by unauthorized use of your account by any third party.
H. You agree that you will not submit to the Site any Content or other material that is contrary to applicable local, national, and international laws and regulations. You consent to the transmission of your Content to servers in the United States if you are outside of the United States. You further agree to use this Site for lawful purposes only and shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, hateful, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, deceptive, fraudulent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without Company’s express prior approval, contains advertising or any solicitation with respect to products or services. You may not impersonate any person or entity, including but not limited to, any employee or representative of Company, or falsely state or misrepresent your affiliation with a person or entity.
4. Proprietary Rights and Licenses
C. The above rights granted by you in the Project Content do not give the Company the right to sell your Project Content. In the event that your project gets a “green light” from the Company to be produced, the terms of the JuntoBox Films Option Agreement shall apply.
D. The licenses granted by you under these Term of Use will terminate within a commercially reasonable time after you remove or delete your profile and/or project(s) from the Site. Notwithstanding the foregoing, the rights granted by you with respect to any User-Generated Content you submit or post on forums, chat rooms, or the profiles and/or projects of other users are perpetual and irrevocable.
E. Please note that Company does not want to receive confidential information from any user and any information received will be deemed NOT confidential or proprietary. You understand and agree that no confidential or fiduciary relationship is established by your submitting the Content hereunder, the Company shall not be required to treat any submission of Content as confidential and nothing in this agreement shall be deemed to place the Company in any different position from anyone else to whom you have not submitted the Content. You acknowledge that the Company assumes no responsibility for controlling or monitoring your intellectual property rights and is not responsible for enforcing your intellectual property rights or for suing or taking other legal action against infringers. You or a third party licensor, as appropriate, are responsible for protecting your intellectual property rights In order to upload any Project Content, you will be required to either (a) register your work with the Writers Guild of America, or (b) register your work with the United States Copyright Office.
F. All Company graphics, logos, designs, page headers, button icons, scripts and service names (jointly referred to as “Company Marks”) regardless of whether display on the Site are the exclusive property of JuntoBox Films, LLC. All rights reserved. Company Marks and trade dress may not be used, including as part of trademarks or domain names, in connections with any product of service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of Company.
G. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Site are copyrighted as a collective work under the United States copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on this Site will be permitted without the express permission of Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.
5. Third Party Content
Company is a distributor (and not a publisher) of content supplied by third parties and users of this Site. Accordingly, Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of this Site are those of the respective author(s) or distributor(s) and not of Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Refer to Sections 3 and 4 above for the complete provisions governing limitation of liabilities and disclaimers of warranty. In many instances, the content available through this Site represents the opinions and judgments of the respective information provider or users not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site. Under no circumstances will Company be liable for any loss or damage caused by your reliance on information obtained through this Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site. Company is not responsible in any way for your User-Generated Content or the User-Generated Content of any other user of the Site, and you hereby irrevocably waive any claims or remedies, both legal and equitable, that you may have against Company or any of Company’s affiliates or assignees, with respect to any User-Generated Content of any user of the Site, including without limitation any claims for copyright infringement.
THE MATERIALS, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THIS SITE. USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, COMPANY AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "COMPANY PARTIES") WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. Limitation of Liability
IN NO EVENT WILL COMPANY, THE COMPANY PARTIES OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
12. Copyright Complaints