PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING RCHIVE.CO

 

Last Updated: December 15, 2014

Rchive Inc has created the internet web site www.Rchive.co for the purpose of creating an online community of individuals dedicated to screenwriting.

This agreement is a legally binding agreement between Rchive Inc and you, whether you are a registered Member, an approved Industry Professional or an unregistered Guest, collectively known as Users.

This agreement authorizes your use of the site subject to your compliance with the terms contained in this agreement. By using the site, registering as a Member or Industry Professional or visiting the site as a Guest, you agree that you understand and agree to be bound by the terms and conditions contained herein. If you do not agree to the terms and conditions, do not access, visit or otherwise log into the site or access any information contained within the site.

Rchive Inc may modify this Agreement and any Content on the Site, including the addition or deletion of Content, at any time without prior notice and those changes shall be effective immediately upon posting to the Site. Your continued use of the Site after such changes indicates your acceptance of any and all changes. Rchive Inc may also terminate this Agreement at any time, with or without notice, for any or no reason.

Rchive Inc retains the right to remove any Screenplay Submissions or Member Content at any time for any reason without notice. Additionally, Rchive Inc reserves the right to suspend or revoke site membership of any Member at any time without explanation. In using the site, you agree that Rchive Inc has the right to view and inspect, in their entirety, all Screenplay Submissions and Member Content for the purposes of ensuring compliance with our terms and conditions as well as to comply with legal obligations, regulations or governmental requests.

The Site, its contents, designs, screens, logos, features and functions are owned by Rchive Inc or by third parties pursuant to contractual agreements. All Users acknowledge that this Content is protected by copyrights, trademarks, service marks and other proprietary rights and laws. Transmission or duplication of any portion of the site or its Contents without the express written permission of Rchive Inc is expressly prohibited.

You acknowledge that Member Content uploaded to the Site may be read, transmitted or copied by others, and that care must be taken in the composition of such Member Content. You assume all responsibility for the accuracy, legality and liability relating to Member Content that you upload to the Site. Rchive Inc in no way controls, monitors, verifies or endorses any information contained in any Users Content.

Rchive Inc is not responsible for Screenplay Submissions posted to the Site and makes no representation or warrantees as to their origins or ownership. You are responsible for protecting your work, whether via registration with the Writer’s Guild, US Copyright Office or other recognized registration agency and acknowledge that the viewing controls and restrictions which are built into the Site are the only means of limiting the reading of those Screenplay Submissions by other Users.

Membership Guidelines

All Users, whether Members, Industry Professionals or Guests, must comply with all applicable laws and regulations in country of their residence.

You may be required to provide Rchive Inc with certain personal information, such as a full name, address, phone number and email address, as a condition of membership. Dissemination and use of this information is covered separately in the Privacy Policy which is included as part of this agreement by reference. Please read the Privacy Policy thoroughly prior to using or registering at the Site.

You agree that any Screenplay Submissions that you upload to the Site for any purpose meets the following criteria:

  • You are the author of the Screenplay Submission or,

  • You own the rights to and have the legal authority to post the Screenplay Submission or,

  • You have written permission from the author or owner of the Screenplay Submission to upload it to the Site

You acknowledge that Rchive Inc does not require Screenplay Submissions to be registered or copyrighted. Due to the public nature of the Internet, and the public nature of our membership, the risks associated with posting or uploading of unregistered and unprotected original material is solely yours.

In uploading Member Content, including but not limited to emails, comments, and reviews, you acknowledge that the following actions are prohibited and will not be tolerated:

  • The use of offensive language

  • The unsolicited advertisement of products or services not approved and consented to by Rchive Inc

  • The divulgence of personal information about a member that is not already readily available at the Site, including but not limited to names, addresses, phone numbers and email addresses.

  • The inclusion of unlawful, harmful, threatening, derogatory, libelous or otherwise objectionable language regarding anything or anyone, including other Users, Site Management, Screenplays Submissions or other Member Content.

  • The divulgence of Intellectual Property without the consent of the owner of that IP.

  • The uploading of obscene or sexually explicit material.

  • The copying, reproducing, broadcasting or transmitting of the Screenplay Submissions of other Members, in part or in whole, without the express written consent of the author or owner of that Screenplay Submission.

  • The solicitation of other Users in an attempt to obtain personal information, including but not limited to names, addresses, email addresses, passwords, and phone numbers for commercial or unlawful purposes.

  • Use of the Site to send the same or substantially similar unsolicited email messages to large numbers of recipients, whether commercial or not.

User Content and Proprietary Rights

You agree that all story ideas, character or plot descriptions and other creative ideas posted within Member Content shall be done so at your own risk and Rchive Inc shall have no liability thereof. Rchive does not condone or endorse the stealing of any creative material by anyone, Member or otherwise, however all areas of the site containing Member Content set to publicly visible are visible and readable by all Users.

Membership Fees

Rchive.co is a web site platform designed to bridge a gap between Industry professionals and Spec Writers. Rchive.co charges no hosting or subscription fees, and allows Users to upload an unlimited number of screenplays for free.  Users only pay if they request a review from the site’s team of industry readers.  

Industry Professional Verification

All Industry Professionals at the Site are screened and verified prior to the approval of their special status and the activation of their membership. Rchive Inc will make every attempt to ensure that all Industry Professionals are bona fide professionals in their industries, whether producers, development executives, agents, managers, publishers or another capacity approved by Rchive Inc. However, you acknowledge that despite our best efforts, some deceptive or dishonest members may be unwittingly approved.

Audit Trails

Rchive Inc retains the right to preserve, in perpetuity, an audit trail including time and date stamps, of any and all activity by its Users, including but not limited to Screenplay Submission Uploads, Screenplay Submission Viewings and the use of any Site Content. This information will be kept for the purposes of resolving disputes between Users, establishing timelines of User activity for legal purposes and for statistical analysis by Rchive Inc for the purpose of modifying or improving the site.

Security of Screenplay Submissions

Rchive Inc has implemented a number of security measures to protect all Screenplay Submissions uploaded to the Site when performed using the Upload facility (Upload a Screenplay). This includes, in part, encryption of all Screenplay Submissions and their storage in a password protected database. Additionally the Site has implemented Privacy Controls which provide Members the ability to restrict access to some or all of their Screenplay Submissions. Members acknowledge that it is their responsibility to use the Controls provided should they wish to restrict or control access to their Screenplay Submissions.

Copyright Infringements

If you believe that proprietary material or intellectual property you have posted or uploaded has been unlawfully infringed upon, or if you believe that another Member has posted or uploaded proprietary material or Intellectual Property belonging to you, it is your responsibility to report the infringement to our Copyright Agent via email to the following address: reportUs@Rchive.co.

When reporting an infringement, you must include the following information:

  • A description of the copyrighted work

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

  • A description of where the Material is located on the Site

  • Your address, phone number and email address

  • A written statement that you have a good faith belief that the Material is not authorized by the Author or legal agent for the Author of the Material

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Rchive Inc agrees to make a reasonable effort to investigate all disputes and take any and all necessary actions to end the infringement, not to exceed the removal of the material from the Site and termination of the infringing User.

Terms of Use Violations

Rchive Inc does not actively monitor or inspect Member Content posted to the site, and you acknowledge that it is your responsibility to make us aware of any prohibited actions by other Users or Members, including but not limited to the use of obscene, derogatory or threatening language, or any other action expressly prohibited in this Agreement. At our sole discretion, Rchive Inc may take affirmative action to resolve such violations, including but not limited to deletion of the Member Content in question or Suspension or Termination of Users who violate the Terms of Use.

To report a Terms of Use violation, contact us via email at: reportUs@Rchive.co.

Disclaimers

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. RCHIVE Inc DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY USE OF YOUR SCREENPLAY MATERIAL NOR SHALL WE BE LIABLE FOR OUR PUBLICATION OR YOUR VIEWING OF, EXPOSURE TO, OR ANY ACCESS TO ANY SCREENPLAY OR OTHER MATERIAL CONTAINED ANYWHERE ON THE SITE, INCLUDING SUBMISSIONS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL RCHIVE Inc BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

NOTICE FOR CALIFORNIA USERS: California Civil Code Section 1789.3 entitles California users to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R. Street, Sacramento, CA 95814 or by telephone at (916) 445-1254.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Indemnification

You agree to indemnify, defend and hold Rchive Inc and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

Governing Law

You agree that the laws of the State of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Rchive Inc, its employees, agents or affiliates. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.