Terms and Conditions
Last updated: March 28, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.insidetheroomworkshops.com/ website (the "Service") operated by REJ Entertainment, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
1. SUBMISSION: I have previously submitted, or am concurrently herewith submitting to you, subject to the terms and conditions herein of this agreement (“Agreement”), the material, including title and all other elements thereof (herein collectively called "Material").
2. ACKNOWLEDGEMENTS OF SUBMITTER: I acknowledge that you did not solicit the Material and that no confidential relationship is established by my submitting the Material to you. I understand that you receive numerous unsolicited submissions of ideas, formats, stories, suggestions and the like and that you have adopted the policy of refusing to accept, consider, or evaluate unsolicited submissions unless the person making the submission signs an agreement in a form substantially the same as this and that you would refuse to accept, consider or otherwise evaluate any submission in the absence of my acceptance of each and all of the provisions of this Agreement. I specifically acknowledge that you would refuse to accept, consider or otherwise review my Material in the absence of my acceptance of each and all provisions of this Agreement. I further understand that many such submissions heretofore or hereafter received by you are similar to ideas, formats, stories, suggestions and the like developed by you or your employees or to those otherwise available to you. I further understand that you have adopted the policy, with respect to unsolicited submissions, of refusing to accept, consider or review such submissions unless the person submitting such submissions signs an agreement in form substantially the same as this. It is understood that no confidential relationship is established by my submitting the Material to you hereunder.
3. CONSIDERATION: In consideration of my execution of this Agreement and of the submission of the Material, you agree to cause the Material to be reviewed by you or your designee assigned that responsibility.
4. DELIVERY AND RETURN OF MATERIAL: I have retained at least one copy or duplicate of the Material submitted to you concurrently herewith. There is no obligation to return the Material or acknowledge its receipt.
5. RIGHTS AND OBLIGATIONS: For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, including, without limitation your execution of this Agreement and you agreeing to cause the Material to be reviewed:
a. I agree that you have no obligations to me except as in this Agreement set forth, and that no other obligations exist or shall exist or shall be deemed to exist. I further acknowledge that at this time you have no intent to compensate me in any way and I have no expectation (and, at the time of submission, had no expectation) of receiving any compensation. You agree, however, that except as provided in Paragraph 5(b), you will not use protectable elements of the Material unless you shall pay me an amount for such use which you and I shall mutually agree upon, subject to your ability to use the Material as set forth in Paragraph 5.b. and 5.c. hereinbelow. Notwithstanding the foregoing and anything to the contrary contained herein, I understand and agree that your use of property containing elements similar to or identical with protectable literary property contained in my Material shall not obligate you to me in any manner if you shall have obtained such property either heretofore or hereafter from sources other than from me.
b. If my Material or any element of my Material is not new, unique, concrete or novel and/or is in the public domain and/or does not constitute protectable literary property and/or is not original with me, then as between you and me, I agree that you have the right to use such elements without any obligation to me whatsoever. Without limiting the foregoing, I claim no rights in the title of the Material.
c. I agree that nothing contained in this Agreement nor the fact of my submission of said Material to you shall be deemed to place you or any person or entity to whom you show said material in any different position than anyone else to whom I have not submitted the same or similar material with respect to any portion of said Material which does not constitute protectable literary property. I recognize that you have access to and/or may create or have created literary materials and ideas which may be similar or identical to said Material in theme, idea, plot, format or other respects. You shall be entitled to all rights of exploitation, in accordance with all applicable laws, in all ideas, concepts or materials that you independently create, or that you acquire from a third party, even if similar or identical to the Material. I agree that I will not be entitled to any compensation because of the use of any such similar or identical material which may have been independently created by you or any such client or may have come to you or such client from any other source. I understand that such similarity in the past has given rise to litigation so that unless you can obtain adequate protection in advance, you will refuse to consider the submitted material. The protection for you must be sufficiently broad to protect you, your related entities and individuals, your clients, and your and their employees, agents, licensees and assigns and all parties to whom you submit material. Therefore, all references to you in this Agreement shall include each and all of the foregoing.
d. Neither your consideration of the Material nor any subsequent negotiations between us regarding the Material shall be deemed an admission by you of the novelty of any ideas contained therein, or of the priority of the Material over other submissions, or the originality of the Material. Other than your obligation to consider the Material for review as set forth above, you shall be under no obligation of any kind to me unless such obligations are undertaken by you pursuant to a fully executed written agreement as set forth in Paragraph 6 below. Without in any way limiting the generality of the preceding sentence, no agreement to pay any compensation or provide any credit shall be implied from your consideration of the Material or from the failure of us to respond after receiving the Material.
6. ASSIGNMENT OF RIGHTS: If you should decide to use the Material pursuant to Paragraph 5.a., then I shall promptly negotiate an option/purchase agreement which you shall send to me. Such agreement shall be in the form generally used for agreements of such type. Such agreement shall provide, in substance and among other things, that I shall sell, grant and assign to you, your successors, assigns and licensees, exclusively, in perpetuity throughout the universe, all rights of every kind and nature, whether now known or hereafter devised, in and to the Material and all elements and components embodied therein, including, without limitation, all theatrical, television, non-theatrical, home video, music publishing, merchandising, and all other ancillary and subsidiary rights, copyrights and rights of copyright, in all languages, all without any restrictions, limitations or conditions of any kind, and that I shall, to the maximum extent allowed, expressly waive, in perpetuity, without limitation, any and all rights in law, equity or otherwise, which I may have or claim to have under any law relating to the "moral rights of authors" or any similar law or principle throughout the universe and that you may make such changes, deletions, additions, use or otherwise of the Material as you in your sole discretion may from time to time determine. I also agree to sign and deliver to you any and all further agreements or documents, in a form approved by you, as may be necessary or expedient to carry out and effectuate the purposes and intent of this Agreement. If I shall fail to sign and deliver to you within 7 days after my receipt of your request, any agreements or other documents to be signed or delivered by me hereunder, then you are hereby irrevocably appointed my attorney-in-fact with full right, power and authority (but not the obligation) to sign or deliver such agreements or documents in my name of and on my behalf, and I hereby acknowledge that said authority and agency conferred upon you is coupled with an interest and is irrevocable under any and all circumstances.
7. ARBITRATION OF DISPUTES: In the event of any dispute concerning any alleged wrongful use of the Material or a dispute with reference to this Agreement, its validity or effect, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, in accordance with the arbitration laws of the State of California and rules and regulations of the American Arbitration Association not inconsistent therewith; provided that said arbitration shall be held before a panel of three arbitrators (one selected by you, one selected by me, and one selected by our nominees) all of whom shall be well acquainted with the entertainment business in Los Angeles. Any award favorable to me shall be limited to a monetary award which shall either (a) bear a reasonable relationship to monies normally paid by you for similar property or elements, or (b) be an amount equal to the fair market value therefore, whichever amount the arbitrators shall deem appropriate. Said award in either event shall be measured by monies normally paid by you for similar property or elements or fair market value as of the date of this Agreement. Each party hereby waives any and all rights (whether for damages or for injunctive or other relief) and benefits which he or it might otherwise have or be entitled to under the laws of the State of California to litigate in court any dispute, it being the intention of the parties to arbitrate all disputes in accordance with the provisions of this Agreement. The prevailing party is entitled to recover his reasonable attorneys' fees and costs incurred in connection with any action or proceeding in connection herewith. This Agreement, and any dispute or controversy relating to the existence, validity, meaning, interpretation, or alleged breach of this Agreement, shall in all respects be interpreted, enforced and governed by the laws of the State of California applicable to agreements to be fully performed therein.
8. REPRESENTATIONS AND WARRANTIES OF SUBMITTER/ INDEMNIFICATION BY SUBMITTER: I hereby warrant and represent: (a) that the Material was created and is solely owned by me and no other person, firm or corporation has any right, title or interest therein or thereto; (b) that I have full right to submit the Material to you upon all of the terms and conditions stated herein; and (c) that the description of the Material in Paragraph 1 contains all of the elements thereof. I will indemnify, defend and hold you harmless from any and all claims, loss or liability (including reasonable attorneys' fees) that may be asserted against you or incurred by you at any time in connection with the Material or any use thereof, arising from any breach or alleged breach of these warranties.
9. PLURAL SUBMITTER: If more than one party signs this Agreement as the submitting party, then references to "I" or "me" throughout this Agreement shall apply to each such party, jointly and severally.
10. SEVERABILITY OF PROVISIONS: Should any provision or part of any provision be void or unenforceable, such provision or part thereof shall be deemed omitted, and this Agreement with such provision or part thereof omitted shall remain in full force and effect. This Agreement shall at all times be construed as to carry out the purposes stated herein.
11. All scripts for coverage must be received by the 15th of each month. Scripts received after the 15th of a given month will not be accepted for that month.
12. Members can submit the same script for coverage up to TWO (2) times in one calendar year. After that, normal coverage fees apply (ie $65 per script).
13. Coverage will consist of a brief synopsis of member scripts followed by notes ONLY if time permits in any given month. At minimum, members will receive notes on scripts submitted for coverage.
14. Monthly coverage allotment does not roll over into the following month if unused.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or REJ Entertainment, LLC cancels it. MONTH TO MONTH members must cancel their membership before the 15th of the month leading up to their next payment. Members with subscriptions with a YEAR COMMITMENT may not cancel their membership until the completion of their TWELVE (12) MONTH COMMITMENT. You may cancel your Subscription renewal either through your online account management page or by contacting REJ Entertainment, LLC customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide REJ Entertainment, LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize REJ Entertainment, LLC to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, REJ Entertainment, LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
REJ Entertainment, LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by REJ Entertainment, LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, REJ Entertainment, LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
REJ Entertainment, LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. REJ Entertainment, LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by REJ Entertainment, LLC on a case-by-case basis and granted in sole discretion of REJ Entertainment, LLC.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of REJ Entertainment, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of REJ Entertainment, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by REJ Entertainment, LLC REJ Entertainment, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that REJ Entertainment, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless REJ Entertainment, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall REJ Entertainment, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. REJ Entertainment, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.