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Terms
and Conditions
All
material is submitted on the following terms and conditions:
1.
I (reader) acknowledge that because of your position in the
entertainment industry you (MAGNEPIX
DISTRIBUTION,
LLC) receive numerous unsolicited submissions of concepts, synopsis, treatments, scripts,
ideas,
formats, plots, characters or other
intellectual property ("materials")
and that many such submissions heretofore or hereafter received by you
are similar to or identical to those developed by you or your employees
or otherwise available to you. I understand that you do not purchase
literary properties. I understand that I will not be entitled to any
compensation because of the use by you of any such similar or identical
material. I acknowledge that no fiduciary or confidential relationship
now exists between you and me, and I further acknowledge that no such
relationships are established between you and me by reason of this
agreement or by reason of my submission to you of said material.
2.
I will indemnify you from and against any and all claims, expenses,
losses, or liabilities (including, without limitation, reasonable
attorneys' fees and punitive damages) that may be asserted against you
or incurred by you at any time in connection with said material, or any
use thereof, including without limitation those arising from any breach
or alleged breach of the warranties and promises given by me herein.
3.
I have retained at least one copy of said material, and I release you
from any and all liability for loss or other damage to the copies of
said material submitted to you hereunder.
4.
I hereby acknowledge and agree that there are no prior or
contemporaneous oral agreements in effect between you and me pertaining
to said material, or pertaining to any material (including, but not
limited to, agreements pertaining to the submission by me of any
material). I further agree that no other obligations exist or shall
exist or be deemed to exist unless and until a formal written agreement
has been prepared and entered into by both you and me, and then your and
my rights and obligations shall be only such as are expressed in said
formal written agreement.
5.
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 so
as to carry out the purposes stated herein.
6.
I hereby state that I have read and understand this agreement and that
no oral representations of any kind have been made to me and that this
agreement states our entire understanding with reference to the subject
matter hereof. Any modification or waiver of any of the provisions of
this agreement must be in writing and signed by both of us.
7.
This Agreement shall be governed by, and construed, in accordance with
the laws of the State of Delaware, applicable to contracts entered into
and to be fully performed therein and in
the event of a dispute between the parties hereto, the parties agree to
submit such dispute to binding arbitration in the City of Los Angeles,
California. The aggrieved party shall file a notice to arbitrate with
the American Arbitration Association whose rules and procedures shall
govern such arbitration. The award of the arbitrator may be entered in
any court of competent jurisdiction for enforcement.
All costs including reasonable attorney fees shall be awarded to
the party prevailing under such proceeding.
Agreed
and Accepted:
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