Script Submission Release Agreement
For Submitting Independent Scripts
This submission agreement (the "Agreement") is a binding agreement between BlueStar Studios Inc., also known as Agreement, "us", "we", including but not limited to its subsidiaries, affiliates and partners including but not limited to BSI, BSI Films, BSI Film Services and NewLine Script Competition. The person submitting their project(s) to us are also known as “you” writer, owner, or, if applicable, the individual, company or other legal entity with written permission to act on behalf of the owner of the materials being submitted. This Agreement includes the terms of the Brilliant Stories Inc. Entire Agreement, which also contains limitations of liability, governing law and other provisions relevant to all your activities under this Agreement. This Agreement sets forth our submission policies for any intellectual property, including but not limited to any script, concept, screenplay, video, or other content ("Content") that you submit to BSI using the content submission tool we provide on our website or other portal(s) we designate as being authorized by BlueStar Studios Inc., including but not limited to its subsidiaries, divisions, affiliates, partners or anyone in writing and approved by BSI as being designated as an associate of BSI.
By clicking the box stating, "I Agree to the terms of service." You are confirming agreement and acceptance to entering into this Agreement including but not limited to on behalf of a person, company or other legal entity. You also represent that you have the legal authority to bind yourself, the owner, person(s), company or legal entity to this Agreement. If you do not have the authority, or if you do not agree with the terms of this Agreement, you must not confirm acceptance and DO NOT submit any materials, or content to BSI.
2. Purpose of this Agreement
This Agreement does not grant us rights to create a television series, movie, or other work based on your Submission. The specific rights you grant to us are for a private review.
2.1. A "Submission" is original content, such as a script, including but not limited to any concept, screenplay, video, or other content that is wholly new to BSI when it is submitted. A Submission can be based on or contain elements of a public domain work, but that work must be public domain in all countries worldwide, and only your original contributions (like new dialogue you create) will be considered your Submission, not any element from the public domain work.
2.2. This Agreement is a “Private Submission." A Private Submission is a submission you submit to us for private review using a tool we provide to you on our website(s) or portal(s) for doing so. Private Submissions will not be publicly displayed on BSI.
3. Authority to Enter Into this Agreement. For BSI to function well, it's crucial that you have the right to enter into this Agreement and to grant us all of the rights described in this Agreement. Your confirmation that you have these rights are confirmed by your clicking the box stating, "I Agree to the terms of service."
3.1 You represent and warrant that you are at least 18 years old (or the age of majority where you reside, whichever is older), and can form a legally binding contract by accepting a contract online (without exchange of paper), and have the full right, power and authority to enter into and comply with your obligations under this Agreement.
3.2 You acknowledge that your activities on BSI, including those under this Agreement, are subject to the terms and conditions set forth in this agreement and/or other stated conditions on any of the websites herein or associated with BlueStar Studios Inc., including but not limited to its subsidiaries, affiliates and partners including but not limited to BSI, BSI Films, BSI Film Services and NewLine Script Competition, and you represent and warrant that you are in compliance with the terms of this Agreement.
3.3. If you submit any materials to BSI, you represent and warrant that you are legally entitled to do so because:
3.3.1. You are the sole author or creator of the Submission, or
3.3.2. You are the sole holder of rights in the Submission because all rights in the Submission have been assigned or transferred to you.
4. Representations, Warranties and Covenants. You further represent and warrant the following with respect to any Submission you submit:
4.1 You have obtained all rights of publicity to any cast members or other individuals appearing in your Content;
4.2 You have obtained all rights necessary to use any music in your Content and are in compliance with all licenses to use the music in your Content;
4.3 you have obtained all rights necessary to use the locations or premises in your Content;
4.4 you have obtained all rights necessary to use any images or footage recognizable in your Content and are in compliance with all licenses to use such images and footage;
4.5 neither your Content nor the exercise of the rights you grant in this Agreement will infringe or violate any copyrights, contract rights, rights of privacy or other rights of any person or defame any person;
4.6 if your Content is based in whole or in part on the life of any real person, you will identify that during the submission process.
4.7 Our exercise of the rights you grant under this Agreement will not give rise to any obligation to pay you or any third party any royalty or other payment.
4.8 If your Content is appropriate only for viewers 17 and older, you will identify the Content as such during the process using the means we provide for doing so.
4.9 Your Content is free and clear of any pending or threatened litigation; and
4.10 Your Content complies with this Agreement and for any reason for submitting your project to BSI and anyone connected to BSI, including but not limited to any event, competition, festival, and contest, and complies with the conditions, guidelines and rules posted on this website or any website associated with BSI you are submitting your project to.
5. Grant of Rights from You to BSI for Original Properties.
5.1. Private Submissions. The following provisions apply to any Submission you submit to BSI as a Private Submission:
5.1.1. Review. Your submission will be subject to review by us. You grant us the right to review and consider your Submission and, in connection therewith, share the Submission with our subcontractors engaged in review and, together with our subcontractors, annotate your Submission.
6. Similar Content. Given the open nature of BSI, BSI participants may develop and submit scripts, movies, shows, and videos that are similar to each other. In order to prevent legal claims that could be disruptive to BSI, BSI participants and impede the ability of BSI scripts, movies, shows and videos to be developed and released, you agree to irrevocably and forever waive any legal claim you may have under any theory of law in any territory, including, without limitation, copyright infringement or breach of implied in fact contract (idea submission), that your rights were infringed due to any similarity between your Content and any other content that is or may become available on BSI, unless there is substantial similarity of protectable expression under United States copyright law between your Content and the other content and the other content includes a verbatim copy of a material portion of your script or other written material, if your Content is a script or other written material, or a re-use of a material portion of footage from your movie, show or other video if your Content is a movie, show, or other video. Note that the Agreement includes additional waivers of claims related to Content that apply to the BSI Parties, as defined in Section 11.4 below.
7. No Obligation to Make Available or Use. We have no obligation to make any Content available on BSI or to otherwise use it in any way. If we make any Content available on BSI or otherwise commence exploitation, we may remove it from BSI and cease further exploitation at any time in our sole discretion.
8. Compensation. You will have no right to compensation in connection with the exploitation of rights you grant under this Agreement.
9. Cumulative Rights. All rights you grant under this Agreement are cumulative and we may exercise or refrain from exercising any one or more of them separately from, simultaneously and/or in connection with any other rights you grant us or with any rights we obtain from other sources. In addition, if any grant of exclusive rights you make to us is deemed invalid or to be less than exclusive, we will, nonetheless, fully have a non-exclusive license to use the Content as authorized in this Agreement permissible under law.
11.1. Relationship of the Parties. You will perform under this Agreement as an independent. Nothing in this agreement will be deemed to constitute you as an employee, including but not limited to an affiliate, joint venture or partnership between the parties. Neither party will have the right to bind the other in any manner.
11.2. Affiliates. All rights you grant to us may be exercised by us or by any of our employees, divisions, affiliates, subcontractors or sub-licensees.
11.3. Assignment. You will not assign any part or all of this Agreement without our prior written consent. Any attempt to assign in violation of this section is void in each instance. We may assign any or all of our rights or obligations under this Agreement to any party, and the assignment will be deemed a novation under law forever releasing BSI from any and all obligations and liabilities under this Agreement.
11.4. We are not Responsible for Third-Party Actions. You acknowledge that, if submitted to BSI as a Public Submission, your Content is freely available for download without copy protection. In no event will BSI or any of its licensees, its sub licensees, its distributors, its producers, any party to which it assigns any of its rights here-under, or its or their affiliates, successors or assigns, or any of their directors, officers, members, shareholders, employees, associates, agents or representatives (collectively, the "BSI Parties") be responsible for any reproduction, display, modification, or use of your Content or any portion thereof by you or any third party.
11.5. Remedies and Interpretation. All remedies will be cumulative and pursuit of any one will not waive any other. Captions and headings are for convenience only and will not be used to construe meaning.
All Submissions Will Not Be Returned - Brilliant Stories Inc.is only accepting submissions by electronic / email files. DO NOT SEND ANY MATERIALS BY MAIL, COURIER SERVICE, or ANY DELIVERY SERVICE. Any materials received by any means other than email /electronic will be discarded without opening or reviewing the material. Brilliant Stories Inc. WILL NOT and is not obligated to return Your Submission to You. You should keep a copy of any materials submitted. Do not send any materials You consider irreplaceable or do not have a copy of. Upon request and/or within 90 days of completion of our service your submission and all related materials to your project will be deleted from our systems.
Blanket Release Form - Acceptance of this Agreement will hereby apply to all current as well as future Submissions and in exchange for Brilliant Stories Inc. willingness to consider this current Submission, You also agree that this Agreement applies to any Submissions previously submitted by You to Brilliant Stories Inc. regardless of whether the previous Submission was submitted under a prior version of this Agreement or without any Agreement at all.