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Terms and Conditions

By using this website, you signify that you agree with these Terms and Conditions. READ THEM CAREFULLY!

"You" and "Your" refer to you, the user. "We", "Us", and "Our," refers to attention-to-details online. "Our Site" refers to Scripts-And-Coverage.com, operated by Us. "Authors" refers to members who post scripts, "Readers" refers to members who download viewing licenses of scripts.

1. ACCOUNTS and FEES. We provide user accounts ("Accounts") for "basic" and "full" membership. Basic accounts are free and allow you to conduct searches and view limited information. Full membership allows you, for a monthly membership fee, to view additional information about the scripts posted (at the discretion of the Authors of the scripts) and add items to your shopping cart to purchase viewing license(s) for an additional fee. You may not transfer or share your Account or password for Your Account with anyone.

2. CHANGES TO ACCOUNTS AND/OR FEES. We reserve the right to change membership fees, fee structure, and functionality at any time. We may make improvements and/or changes in the products, services, prices and fees at any time without notice. If the fee structure changes, You will be given the option to continue use for the then-current fee or to terminate Your Account.

3. CANCELLATION OF ACCOUNT. We reserve the right to cancel your account at any time, and take measures to stop Your access to our site. Reasons for cancellation are

• posting false information;
• posting information that we deem inappropriate (including, but not limited to,
  • copyright, trade secret or trademark infringing materials;
  • plagiarized materials, whether or not copyright protected, or
  • obscene, libelous, slanderous, offensive, vulgar, threatening or similarly inappropriate or objectionable postings)
• activities that impose an unreasonable or disproportionately large load on Our infrastructure.

4. YOUR WORK AND CONTENT. You are solely responsible for Your Work or any other information You provide, distribute, post, include, link to, or otherwise upload to the our site ("Your Content"), and You agree that We are only acting as a passive conduit for distribution and publication of the Content and Information You provide. You represent and warrant that Your Content shall:

• not infringe any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy;
• not violate any law or regulation;
• not be defamatory or trade libelous;
• not be obscene or contain child pornography;
• not include incomplete, false or inaccurate information about Yourself or any information about any other individual; and
• shall not contain any viruses, trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

By submitting Your Content to Our Site, you are granting Us the right to view Your Content, including but not limited to checking the technical validity of your files.

5. COPYRIGHT. You understand that you need to register Your scripts with the U.S. Register of Copyrights before posting them on Our site. Registering your copyright gives you important protection, especially when infringement has occurred, that you would not get without registration. (Read more about registering your copyright here and here.)

6. INFRINGEMENT AND UNAUTHORIZED VIEWING OF YOUR MATERIAL. Posting Your script on this site carries inherent risks. By posting your script, you signify that you are aware of the following.

• We rely on the honesty and integrity of our Members not to further distribute the files that they've downloaded.
Our Site has no control over what readers do with the files that they've downloaded, and We cannot be held responsible for what our Members do with those files.
• We do not, and cannot, keep people who download your script from passing it on to other people, willingly or (e.g. due to viruses and spyware) unwittingly.
• Authors earn download fees solely from the paid downloads that occurred during the regular checkout process.
• If members or non-members receive access to your script file through other ways – e.g. due to member violations of item 10 ("VIEWING LICENSE") of this document, "hacking," file sharing etc. – You understand that You will not receive funds for those downloads or reads, and We and Our Site cannot be held liable for such incidences, or compensate you in any form.
• To put it succinctly: if we didn't receive funds from a download of your Material(s), you will not get funds, either.
• Any infringement of Your copyright is between You and the person who committed these acts.
• If your copyright is infringed, it is your own responsibility to take legal action, at your own expense, to restrain such infringement or to seek damages.
• In your own interest, do not post scripts
  • that you expect to sell to a producer in the near future
  • whose value would be diminished if it was exposed to a large number of readers
  • that are based on an extremely "high concept," once-in-a-lifetime idea
  • that you finished less than six months ago
• We do encourage you to post scripts
  • that are a great read
  • that were not turned into a motion picture, in spite of your intense efforts of marketing them
  • where you would welcome finding a large readership

7. STATEMENTS AND PAYMENTS We shall forward to You the payments accumulated by users who purchased Viewing License(s) of Your script(s), minus a transaction fee of $2 or 20% (whichever is higher) per download. Payments will be issued to you at the end of a calendar month, for downloads that took place in the previous calendar month. You will receive a statement by e-mail that lists the dates, times, and collected fees from user downloads of your script(s). Funds will be submitted to you by check, which will be sent to the billing address you provided.

8. RELEASE You acknowledge that We and the visitors of Our site have wide access to ideas, stories and other literary materials, and that new ideas are constantly being submitted to it or being developed by Us and the Members of Our site. You also acknowledge that many ideas or stories are similar and often different ideas and stories relate to one or more underlying themes. You further agree that We shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of Your copyright for the Content.

9. USE RESTRICTIONS. All information, documents, products and services, trademarks, logos, graphics and images (the "Materials"), including Our Site, provided on Our Site are the copyrighted work of Us and the respective Author(s).

10. VIEWING LICENSE With Your purchase of a Viewing License, We grant You the limited right to display the Materials for which the Viewing License was purchased, only on your personal computer, and to copy and download the Materials on Our Site solely for your personal use. You agree not to use the Materials for any other purpose without Our prior written consent. Without limitation, You agree not to reproduce, re-distribute, sell, publish, broadcast or circulate any information contained in the Materials to anyone, including others in the same company or organization. You may not post any content from Our Site to news groups, mail lists, electronic bulletin boards, or keep content in directories accessible from the Internet. You acknowledge and agree that, except as set forth herein, You have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of the rules in Our Terms and Conditions. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Materials.

11. CONTENT ON OUR SITE. You understand and agree that We have no liability related to the Content on Our site, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We cannot, nor do We undertake any obligation to, control the content that You receive. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of content, nor do We undertake to verify, update or correct or take responsibility for such information and/or the errors, intentional or unintentional, in such information. Furthermore, if you download a file or follow a posted link to another web site, take reasonable precautions against viruses, executable files, worms, or other damaging computer programming routines. We are not able to scan for viruses and will not be responsible for their transmission We recommend that You confirm all information you obtain from Our Site. You agree that any agreement between you and any individual or organization to you are introduced through Our Site shall be solely on the terms negotiated by you and the other entity and shall be done at your own risk.

12. PRIVACY. Your privacy is very important to Us. By accepting this Agreement, You expressly consent to certain disclosures of Your Personal Information (as defined in Our then-current privacy policy) to other users of Our Site, and to use of Your information by Us and other users of the Our Site, as described in our then-current privacy policy. Read Our current Privacy Policy.

13. THIRD PARTIES. In Your use of Our Site, You may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or Artists or Producers showing their goods, projects and/or services on Our Site. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that We have no liability, obligation or responsibility for any such correspondence, purchase or promotion between You and any such third party.

Our site may also be linked to other sites on the web that are not under the control of or maintained by Us. Such links do not constitute an endorsement by Us of those sites. You acknowledge that We are providing these links to you only as a convenience, and further agree that We are not responsible for the content of such sites.

14. OWNERSHIP. You should assume that everything hosted on Our Site is the valuable intellectual property of either Us and Our Members. All rights to Our content, software, services, and server information are reserved. All reproduction in whole or in part of the texts or illustrations on Our Site, by any means whatsoever and without Our prior written consent, is prohibited.

15. DISCLAIMER OF WARRANTY. ALL SERVICES, PRODUCTS AND INFORMATION ON OUR SITE ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR ACCOUNT AND MAKE NO WARRANTY AS TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF OUR SITE, OR THAT OUR SITE OR MATERIALS OR CONTENT PROVIDED WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

16. INDEMNIFICATION. You agree to indemnify and hold Us, Our customers and business partners harmless from all damages and costs, including reasonable attorneys' fees arising out of or related to Your breach of this Agreement.

17. LIMITATION OF LIABILITY. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO OUR TERMS AND CONDITIONS OR OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OUR TERMS AND CONDITIONS OR OUR SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE HIGHER OF THE AMOUNT PAID TO US BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

18. IMPORT. We control and operate Our Site in the U.S. and make no representation that the Materials are appropriate or will be available for use in other locations. If you use Our Site from outside the U.S., you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on Our Site are solely directed to individuals, companies or other entities located in the U.S.

19. TERMINATION. We may terminate Your Account immediately if You breach this Agreement, if You infringe third party intellectual property rights, or if We are unable to authenticate any information You provide to us. Alternatively, We may choose to remove some or all of Your Content or make Your Content private, in which case Your Content will not be publicly displayed (although You will be able to view it). Furthermore, We may terminate Your account for any reason that We interpret to be an abuse of Your account. In no event shall any refunds be paid. Following termination of Your Account, We may remove some or all of Your content from Our servers or elect to retain it, at Our sole option. Sections 4, 5, 6, 11, 12, 14, 15, 16, 17, 18, 19, 20, and 21 and any payment obligations incurred prior to termination of this Agreement, shall survive such termination.

20. AMENDMENT. We may amend this Agreement by posting the amended version on Our Site and making this Agreement available via a link from Our home page. You agree that Your continued use of Our Site after such amendment shall signify Your acceptance of any such amendment. Otherwise, this Agreement may not be amended except in a writing signed by both parties.

21. GENERAL. This Agreement shall be governed in all respects by the internal laws of the State of Florida. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in Our Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. Except as explicitly stated otherwise, any notices shall be given by certified mail, postage prepaid and return receipt requested, to the address provided below (in Your case) or to the address You provide to Us during the registration process (in Your case), or such other address as the parties may specify. Notice shall be deemed given 3 days after the date of mailing. You may not assign this Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign this Agreement. The Terms and Conditions comprises the entire agreement between You and Us and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between You and Us regarding the subject matter contained herein. Your use of Our Site, however, is subject to the additional disclaimers and caveats that may appear throughout the site.

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