Terms & Conditions
Submission Release Agreement
YOU, the USER (herein after referred to as ‘You’, ‘Your(s)’ or ‘User’) must agree to the following terms outlined below in order to use
HollywoodScriptExpress.com (herein after ‘HSX’) and the related services HSX provides.
- User hereby grants HSX the right to open any documents (herein after ‘Material’) that User electronically submits, physically mails or faxes to HSX. If User engages HSX’s printing and shipping services, User requests that HSX format, print and package the Material for submission to a third party as defined during the order process. If User engages HSX’s critiquing or editing services, User requests that HSX review and where necessary modify the Material.
- The Material is submitted by User voluntarily and not in confidence, and no confidential or fiduciary relationship between HSX and User exists or is being created by this Agreement or by User’s submission of the Material.
- User warrants that User is at least eighteen (18) years of age, the Material is completely original (or to a minor extent in the public domain), User is the sole or shared owner and author of the Material, and has the right and authority to submit the Material to HSX for critiquing, editing, photographic reproduction (printing/scanning) and shipping (physically or through electronic distribution methods) based upon the terms and conditions set forth herein, and none of the rights granted herein will libel or defame any third party or otherwise violate the rights of any third party, whether under copyright or otherwise.
- No obligation of any kind is assumed or may be implied against HSX other than the critiquing, editing, printing and delivery services as outlined on this website.
- User will also indemnify HSX of and from any and all claims, loss or liability that may be asserted against HSX or incurred by HSX, at any time, in connection with said material, or any use thereof.
- Nothing contained in this Agreement nor the fact of User’s submission of the Material to HSX shall place HSX libel for any breech of copyright.
- User agrees that nothing in this agreement nor the fact of User submission of said material to HSX shall be deemed to place HSX in any different position than anyone else to whom User have not submitted said material.
- User understands that as a general rule HSX are industry professional filmmakers and constantly consider literary properties through established channels in the industry. User recognize that HSX 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. User agrees that User will not be entitled to any compensation because of the use by HSX of such similar or identical material, which may have been independently created by HSX or have come to HSX from any other independent source. User understands that no confidential relationship is established by submitting the material to HSX hereunder.
- User has retained at least one copy of said material, and User hereby release HSX of and from any and all liability for loss of, or damage to, the copies of said material submitted to HSX hereunder.
- NEITHER HSX NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) (FOR ANY NON-DELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED HSX OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER HSX NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OF THE AMOUNT PAID TO HSX FOR THE ORDER PLUS SHIPMENT FEES, IF ANY.
In no event will HSX, its parent, or its affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, non-delivery, misinformation, other direct or indirect damages, or failure to provide critiquing and editing services, printed products, printing services or shipping services (any of the foregoing, "Service Failure") to the extent caused by or resulting from:
Your acts, defaults or omissions;
Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using HSX standard virus-detection procedures;
Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems;
Loss, corruption or irretrievability of, or damage to, Your personal information, User-provided Materials or information regarding the printed products used or stored by HSX;
The nature of the shipment, including any defect, characteristic or inherent vice of the shipment;
Your failure to provide an accurate shipping address or other information that You are asked to provide in connection with the provision of services;
Acts, defaults or omissions of any person or entity other than HSX, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
Our failure to notify You of any delay, loss or damage in connection with Your printed products or shipment or any inaccuracy in such notice;
Our release of shipments without obtaining a signature if a signature release is on file;
Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
If a shipment containing Your printed products is refused by the recipient, or is damaged, the shipment will either be a) destroyed, b) returned to HSX at Your own expense or c) returned to You at Your own expense. If You refuse to accept the returned shipment or it cannot be returned because of damage, or the shipment is returned to HSX due to it being refused by the recipient or incorrect shipping details provided to HSX by You, You are responsible for and will reimburse HSX for all costs and fees of any type connected with the return shipment and legal disposal of the shipment; HSX DOES NOT GUARANTEE THE SHIPMENT AND DELIVERY SERVICES OFFERED ON THIS SITE. IN PARTICULAR, HSX DOES NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE PRINTED PRODUCTS SUCH AS LEGALLY REQUIRED FILINGS. Subject to the limitations listed above, HSX will provide a refund of shipping costs paid or will re-perform printing services and shipping services if any printed products are lost, damaged, not delivered, misdelivered or delivered late, to the extent caused by HSX or its third-party shipper.
PLEASE NOTE THAT WE DO NOT PROVIDE INSURANCE OF ANY KIND, NOR DO WE PERMIT YOU TO ASSIGN A DECLARED VALUE TO ANY PRINTED PRODUCT OR SERVICE.
Performance of any Services will not cause us to be deemed Your, or anyone's, agent for any purpose.
- User hereby acknowledges and agrees that it is the User’s sole responsibility to protect the Material, including filing or registering the Material with the United States Copyright Office. The user understands that the
copyright service that HSX provides is as an independent witness and intended as an aid in the proof of copyright. No guarantee, warranty or liability is given or implied and the responsibility of proving copyright remains with the User. HSX will not enter into any legal issues on the User's behalf other than providing copies of certificates and/or copies of the Material at the User s request. HSX strongly recommends that you register the Material with the US Copyright Office.
- User acknowledges and agrees that HSX does not purchase literary material and are not agreeing to purchase or to arrange for purchase or representation of the submitted Material.
- User understands and agrees that HSX reserves the right to change, alter or modify the format and/or layout of the HollywoodScriptExpress.com website at any time.
- User enters into this agreement with the express understanding that HSX agree to open and where necessary modify layout, edit and critique, print and package said Material in express reliance upon this agreement and the covenants, representatives and warranties contained herein, and that in the absence of such an agreement, HSX would not accept, open or print said files and material.
- The word "HSX" and "Hollywood Script Express" in this Agreement refers to HollywoodScriptExpress.com, a trading name of Nuvotech Limited, its employees, partners and any parent or subsidiary company, any company affiliated with it or them by common stock ownership or otherwise, its and their subsidiaries, subsidiaries of such affiliates, any person, corporation, or entity to which it or they may have a professional affiliation.
- HSX and its assignees may assign HSX’s rights under this Agreement, in whole or in part, in any manner and to any person, corporation or entity that HSX shall determine.
- User will defend and indemnify HSX against any liabilities, losses, claims, demands, costs or expenses (including, without limitation, attorneys' fees and court costs) incurred at any time in connection with the Material and/or the Material Summary or in connection with any breach or alleged breach by User of any of the representations, warranties or agreements contained herein. User agrees that User must give HSX written notice by certified or registered mail at HSX’s address as set forth on the Hollywood Script Express website, of any claim arising in connection with the Material and/or the Material Summary or arising in connection with this Agreement within the period of time prescribed by the applicable statute of limitations, but in no event more than 10 calendar days after User acquires knowledge of such claim, or if it be sooner, within 10 calendar days after User acquires knowledge of facts sufficient to put HSX on notice of any such claim. User’s failure to give HSX written notice will be deemed an irrevocable waiver of any rights User might otherwise have with respect to such claim.
- Any provision or part of any provision which is void or unenforceable 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 so as to carry out the purposes stated herein.
- The content of this site is the copyrighted work of HSX and/or its suppliers and is
protected by copyright pursuant to UK, US and European Union copyright laws, international conventions and other copyright
laws. The user is specifically prohibited from modifying, publishing, transmitting, selling, participating in the transfer
or sale or reproducing, creating derivative works from, distributing, performing, displaying or in any way exploiting any of
the materials on this site or the softwares or materials relating thereto in whole or in part without express written
- All trademarks on this website such as "Script Studio", "Hollywood Script Express", "Script It!" and others are trademarks of the respective companies and you may not use these marks without express written permission.
- HSX reserves the right to add to, change and revise this Agreement at its sole discretion by updating the terms and conditions on this website and providing notice of said modification via email, mail, fax or via this website. It is your responsibility to refer to and comply with these terms on accessing hollywoodscriptexpress.com and your continued use of this website and the services that HSX provides signifies acceptance of any such modified terms.
- In the event of any dispute arising out of or in connection with this Agreement, its validity, construction, performance, non-performance, operation, breach, continuance or termination, such dispute shall be submitted to
arbitration in the City of London in the United Kingdom, in accordance with the rules and regulations of the British Arbitration Association then in effect, provided that said arbitration shall be heard before a single arbitrator, selected
pursuant to said rules and regulations. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the British Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, then the arbitrator is empowered to proceed ex parte. Each party hereby waives any and all rights and benefits which he or it might
otherwise have or be entitled to under the laws of England and Wales to litigate any such dispute in court, it being the
intention of the parties to arbitrate, according to the provisions hereof, all such disputes. Said arbitrator shall be well
acquainted with the entertainment business, specifically with the entertainment business in the County of Los Angeles,
California, USA. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and shall be
final and binding, and shall provide for each party to bear his or its own costs of arbitration and attorneys' fees. HSX may
seek injunctive or other appropriate relief in any city or federal court in the city of London, and you consent to exclusive
jurisdiction and venue in such courts. This Agreement and the resolution of any dispute related to this Agreement shall be governed by and construed in
accordance with the laws England and Wales and the parties submit to the jurisdiction of the courts of England and Wales.
- User hereby agrees that User has read and understands this agreement and that no oral representatives of
any kind have been made to me, and that this agreement states our entire understanding with reference to the subject
Last Updated: March 3, 2011