Terms of Use for Application

 

Last Updated: May 20, 2011

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USING ANY PART OF THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE ANY PART OF THIS WEBSITE. WE ARE ALWAYS ADDING NEW FEATURES TO IMPROVE THE USER EXPERIENCE SO PLEASE CHECK BACK FREQUENTLY FOR CHANGES TO THESE TERMS OF USE. WHEN CHANGES ARE MADE TO THESE TERMS OF USE, WE WILL REVISE THE DATE OF THE TERMS OF USE. CHANGES TO THESE TERMS OF USE ARE ACCEPTED BY YOU BY YOUR USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED ON THE SITE OR BY CONFIRMING YOUR ACCEPTANCE BY CLICKING “I ACCEPT” IF SUCH A MECHANISIM TO INDICATE YOUR ACCEPTANCE IS PROVIDED.


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.

 

 

1. General


These Terms of Use apply to your use of this Site. By using any part of this Site, you agree, without limitation or qualification, to comply with all of the provisions contained in these Terms of Use. In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Company authorizes you to use this Site only for your personal, non-commercial use, except as otherwise noted herein. Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of this Site, including, but not limited to, content, hours of availability and equipment needed for access or use.

 

 

2. Changes


Company shall have the right at any time and from time to time to change or modify the Terms of Use applicable to your use of this Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use, and you agree to be bound by such modifications or revisions. All such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means determined by Company, including, but not limited to, posting on this Site, by electronic or conventional mail or by any other means by which you obtain notice thereof. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version posted on the Site.

 

 

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”).

 

B. Upon registration, you will be asked to agree to these Terms and Use, together with our Privacy Policy, which is incorporated herein by reference, by clicking “I Accept” to confirm your acceptance and create a registered user account, and such documents shall constitute a binding agreement between you and us (“Agreement”).

 

C. You must at least eighteen (18) years of age, or at least the legal age of majority in the jurisdiction in which you reside, in order to register as a user of the Site. You may only register as a user on your behalf as an individual or on behalf of a company entity that you have the legal authority to bind. You may not register as a user on behalf of multiple individuals or on behalf of an entity that you do not have the legal authority to bind. You must provide us with your complete and accurate information, including an accurate e-mail address. You are not permitted to use a false name or information or any name or information that you do not have authorization to use. You represent and warrant that you are not a resident of any country prohibited to do business within the United States, which currently includes, without limitation, as of the date of these Terms of Use, Burma, Cuba, Iran, North Korea, Sudan and Syria, or affiliated with any organization prohibited to do business within the United States as set forth in the following: http://www.treas.gov/ofac and http://www.bis.doc.gov/dpl/thedeniallist.asp.

 

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.

 

I. You agree that you will not submit to the Site any Content or other material that is contrary to these Terms of Use, which may be updated from time to time. Any activity that you engage in that facilitates the violation of these Terms of Use by any other party constitutes a violation of this agreement by you. Any conduct by you that, in Company’s sole discretion, restricts or inhibits any other user from using or enjoying this Site will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to: (i) propagation of computer worms, viruses, Trojan horse programs and other such malicious code, (ii) using (directly or indirectly) this Site or its computer network to make unauthorized entry to any other machine accessible through this Site or its computer network, (iii) using or launching any automated system, including without limitation, "robots," "spiders" or "offline readers," to generate artificial views of Content, or to otherwise access your profile or project(s) in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, (iv) inferring with or disabling the Site or prevent or impeding the delivery of any data, (v) collecting or harvesting any personally identifiable information, including account names, from the Site, (v) using this Site to threaten or harass any other user, or to advertise or perform any commercial solicitation, or upload Content that that contains advertisements or solicits any person or entity to buy or sell any product, including but not limited to, the solicitation of users of this Site to become users of other on-line services; and (vi) the posting of any Content that is illegal, defamatory, obscene, constitutes an invasion of privacy or invasion of any person’s right of publicity, or in violation of any third party agreement or in violation of this Agreement, including the Terms of Use and/or Privacy Policy . Without limiting any other rights or remedies of Company, violations of the foregoing may result in removal of any prohibited communications and/or termination of your access to this Site.

 

4. Proprietary Rights and Licenses


A. By agreeing to these Terms of Use and posting and/or uploading Content to the Site, you agree that you shall retain, any and all rights of ownership in and to any Content provided by you on the Site, subject to the licenses granted by you in this section. You grant the following licenses to the Company: the worldwide, non-exclusive, revocable right and license to use, reproduce, distribute, modify, create derivative works of, and publicly display your Profile Information, Project Content, and User-Generated Content on the Site or through its services (such as e-mail notification and RSS feeds) free of charge; the worldwide, non-exclusive, royalty-free and irrevocable right and license to use, reproduce, modify, create derivative works of, distribute and publicly display your Profile Information, Project Content and User-Generated Content in any and all media for purposes of advertising, promoting and publicizing the Site in any media formats and through any media channels.

 

B. For good and valuable consideration, the receipt of which is hereby acknowledged, you hereby grant all rights in and to the User-Generated Content you provide with respect to such user’s project to us and we shall be the sole owner of the copyright and all rights under copyright in and to such User-Generated Content.  You hereby agree to execute any documents and do any other acts which are consistent herewith as may be required by us or our assigns or licensees to further evidence or effectuate our rights as set forth herein and you hereby appoint us as your attorney-in-fact for such purposes (it being understood that such appointment is irrevocable and coupled with an interest) with full power of substitution and delegation.  Upon production of any project, such rights in and to such User-Generated Content may be used in and in connection with such Project.  In connection therewith, we will have the right to use all or any part of the User-Generated Content, including without limitation, the comments you post on the project pages of any other user for improvement of their projects, whether by directly incorporating the comments or otherwise; and the right to access, view, store or reproduce, and such users shall have the right to publicly display the such User-Generated Content for their personal use as permitted through the functionality of the Site and under these Terms of Use.

 

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.

 

 

6. Monitoring


The Company does not endorse any content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with content. The Company reserves the right to remove content without prior notice. Company shall have the right, but not the obligation, to monitor the content of this Site, including individual profiles, chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by Company and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Company shall have the right to remove any material that Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 

 

 

7. Disclaimer


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.

 

 

9. Indemnification


You agree to defend, indemnify and hold harmless Company, Company affiliated companies and their respective directors, officers, employees, agents, assignees and licensees from and against all claims and expenses, including attorneys' fees, resulting from (i) any breach of these Terms of Use or your negligent and wrongful conduct; (ii) your use and access of this Site, including the posting of any content on this Site by you; and (iii) violation by you of any applicable law, rule or regulation.

 

 

10. Termination


You may unsubscribe from any mailings or offers you receive from us at any time by sending an unsubscribe request to us at cancel@juntoboxfilms.com and we will process your request within a reasonable time after receipt. Without limiting the foregoing, Company shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use. Further, we may suspend or terminate your user profile and account at any time. You may delete your user account at any time, subject to the terms of the JuntoBox Films Option Agreement, and provided that the provisions of Sections 4, 7, 8, 9, 10, 11, 12, 13 and 14 shall survive termination of these Terms of Use. 

 

 

11. Privacy Policy


Company knows that the privacy of your personal information is important to you. Therefore, Company has established a Privacy Policy governing the use of this information, which is located here and is hereby incorporated into these Terms of Use.

 

 

12. Copyright Complaints


Company owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Users are prohibited from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When we receive proper notification under our DMCA Policy, we promptly remove or disable access to the alleged infringing materials and terminate the accounts of repeat offenders. Company DMCA Policy is hereby incorporated into these Terms of Use.

 

 

13. Arbitration


Any controversy, claim or dispute arising out of or relating to these Terms of Use, its breach or claimed breach shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property or confidentiality rights, Company may seek injunctive, monetary or other appropriate relief in any state or federal court in the State of California (and Company may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. The arbitrator is authorized to grant Company its reasonable fees and costs (including reasonable attorney's fees) incurred by Company in any action to enforce these Terms of Use.

 

 

14. Miscellaneous


These Terms of Use (which hereby incorporate by reference any other provisions applicable to use of this Site, including, but not limited to, any supplemental terms governing the use of certain specific material contained on this Site and any operating rules for this Site established by Company), and the Privacy Policy and JuntoBox Films Option Agreement constitute the entire agreement of the parties with respect to the subject matter. The provisions of these Terms of Use will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of these Terms of Use, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the intentions of the original provision. These Terms of Use shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.You hereby acknowledge and agree that your acceptance of these Terms of Use and any other agreement on this Site by electronic transmissions constitutes your agreement with the terms contained herein and your intent to be bound by the terms of this Agreement.

 

Updated at: 2012-06-13 08:09:03 UTC