Online Release & Agreement
Below is the Release Form as well as your approval to sign this release form electronically. Please review and fill out the form below to activate your account.
You agree to receive electronic communications from us.
By consenting to this agreement, instead of you printing out the release form and having to sign and snail mail it in, you may do so electronically, as allowed and governed by the federal Electronic Signatures in Global and National Commerce Act.
You have the right to request a paper release form, at no charge.
You have the right to request the release form covered by this agreement in paper form. To receive a paper copy of the release form, mail a self addressed and stamped envelope to:InkTip
P.O. Box 12418
La Crescenta, CA 91224
Minimum system requirements for accessing the release form:
To access the release form, you will need:
- Any mobile device running either the Apple iOS 4.2+. This includes the Apple iPhone, iPad or iPod Touch.
- A computer capable of running a modern web browser: Firefox 5.0+, Safari 5.0+, Chrome 11+
- The ability to view Portable Document Format (PDF) files, such as Adobe Acrobat Reader®, version 5 or higher.
Your access to this page verifies that your browser and encryption software meet these requirements.
If a change in these requirements creates a possibility that you will not be able to access the release form, InkTip will provide you with a revised set of requirements. At such time, you have the right to not sign the agreement, and no fee or consequence will apply, other than that you won't be able to list titles on InkTip until after you have mailed in the paper release form.
By clicking the "I ACCEPT" button below, you consent to the electronic delivery of the release form and all terms and conditions in it.
You should print out or copy in a document and retain a copy of this disclosure statement.
Submission Release & Agreement
THE SCREENPLAYS AND OTHER INTELLECTUAL PROPERTY (e.g., NOVELS, MANUSCRIPTS, and so forth) THAT YOU ("APPLICANT") SUBMIT TO INKTIP.COM ("INKTIP") AT THIS OR ANY FUTURE TIME ARE ACCEPTED BY INKTIP ONLY ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:
- Upon InkTip's acceptance of your submission of the screenplay, novel, manuscript, short screenplay, or other form of intellectual property (collectively, the "Work"), it will be made available on InkTip's website to InkTip's registered subscribers ("Subscribers" ) who include producers, directors, agents, managers and other industry professionals. You and InkTip agree that such Subscribers are third party beneficiaries of this Agreement.
- Applicant represents and warrants that Applicant is the author of the Work, and if not the author, owns and/or controls all rights in and to the Work and/or has permission from the author to market the Work and that this agreement applies to both the Applicant and the author.
- Applicant has retained at least one copy of the Work. InkTip will not be responsible for any loss or destruction of material comprising the Work submitted to it. Applicant understands that it is Applicant's sole responsibility to protect the Work. In order to place a Work on InkTip's website, the Work must be registered. The Work should be filed or registered with the Writers Guild, Copyright Office and/or other script protection organization that is available around the world. Applicant can register the Work online by selecting https://www.copyright.gov/ or www.wga.org. Such registration is easy and inexpensive. InkTip may, in its sole discretion, change the format and display of the Work on its website and may discontinue the availability of the Work on its website at any time for any reason.
- Applicant attests that Applicant is at least eighteen (18) years of age and has submitted the Work voluntarily and confidentially. Applicant understand and agrees that no confidential relationship between Applicant (and the author of the Work if not Applicant), on the one hand, and InkTip and its Subscribers, on the other hand, is being created by this Agreement or by Applicant's submission of the Work to InkTip.
- Applicant represents and warrants to InkTip and its Subscribers that the Work submitted hereunder is original and that the Work does not contain defamatory or unlawful matter and will in no way infringe upon the copyright or violate the proprietary rights of any person whomsoever. Applicant agrees to indemnify and hold InkTip and its Subscribers harmless from any lawsuit, demand, claim, liability, damages, penalties, losses, judgments and expense (including reasonable outside attorney's fees and legal expenses)(collectively, "Liabilities") which may be suffered or assumed by or obtained against InkTip and/or its Subscribers by reason of any breach or failure of any warranty or agreement herein made by Applicant.
- No obligation of any kind is assumed or may be implied against InkTip and/or its Subscribers, either as a result of this Agreement or Applicant's submission of the Work. It is understood that InkTip and its Subscribers have access to and/or may create or have created literary materials and ideas which may be similar to the Work in theme, idea, plot, format or other respects. Applicant will not be entitled to any compensation or consideration because of the use of any such similar material that may have been independently created by a Subscriber or may have come to InkTip or any Subscriber from another source.
- InkTip does not itself develop or purchase written material and exists solely for the purpose of facilitating introductions and interactions between writers and third parties interested in acquiring and developing intellectual properties. InkTip does not attest to or guarantee the validity of any Subscriber or any subsequent agreements between Applicant and any Subscriber.
- Except as otherwise provided in this Agreement, Applicant hereby releases InkTip from any and all Liabilities that may arise in relation to the Work or by reason of any claim now or hereafter made by Applicant that InkTip or any Subscriber has used or appropriated the Work. IN NO EVENT SHALL INKTIP OR ITS SUBSCRIBERS BE RESPONSIBLE OR LIABLE TO APPLICANT FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR REVENUES OF APPLICANT, EVEN IF INKTIP OR ITS SUBSCRIBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The extent of InkTip's liability, if any should otherwise be determined, shall be the amount of any sum paid InkTip by Applicant.
- All terms and conditions of InkTip's Disclaimer Web Page are hereby incorporated into this Submission Release & Agreement as if recited herein in full.
- InkTip reserves the right to remove any Work from its website, with or without cause, with or without notice. If without cause, any of Subscriber's paid fees shall be prorated accordingly for the time period on InkTip's website.
- It is understood that the way InkTip is able to attract industry professionals to use InkTip is by promotion of InkTip's results. Therefore, as a condition to using InkTip, Applicant agrees to always inform InkTip of any agreement or relationship Applicant forms with any industry professional that was in any way found, heard about or nurtured through InkTip, so that InkTip can not only promote Applicant and Applicant's works, but also promote InkTip.
- General Provisions:
- Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreement between them respecting the subject matter contained herein. There are no other representations, agreements, arrangements or other understandings, oral or written, between the parties regarding the subject matter hereof. This Agreement may be amended or modified only by a written agreement signed by a duly authorized representative of each party.
- No Waiver. No waiver by either party hereto of any failure by the other party to keep or perform any covenant, term or condition of this Agreement shall be deemed a waiver of any preceding, succeeding or continuing breach of the same, or any other covenant, term or condition.
- Severability: If any provision of this Agreement is found to be illegal or invalid, such provision shall be deemed removed from this Agreement and replaced, to the extent possible, by a legal provision which implements the intent of the parties. The illegality of such provision shall not affect the validity or legality of any other provisions of this Agreement.
- Titles and Headings. Paragraph titles and headings are for convenience only and shall not be used to construe this Agreement or otherwise be given any legal effect.
- Successors and Assigns. Except as otherwise provided herein, this Agreement is binding upon and inures to the benefit of the parties and their heirs, executors, administrators, personal representatives and permitted successors and assigns.
- Notices. All notices under this Agreement shall be in writing and delivered to InkTip at its postal address above and to Applicant at Applicant's postal address noted below, or such other address as either party may subsequently specify in writing to the other party in the manner set forth in this paragraph. Notices shall be delivered personally or sent by certified U.S. mail, return receipt requested, postage prepaid and shall be deemed received upon delivery if delivered personally and three days after mailing if given by certified U.S. mail return receipt requested. Payments to InkTip shall be made to its postal address above.
- Arbitration. Any action to enforce or interpret this Agreement or to resolve disputes between the parties or against InkTip shall be settled by arbitration in accordance with the rules of the American Arbitration Association at Los Angeles, California before a single arbitrator. Any party may commence arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. The substantive law of the State of California shall be applied by the arbitration to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of reasonable outside attorneys' fees, costs, and expenses in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.
- Attorneys' Fees. If an action is brought for the purpose of enforcing, defending, or preventing a breach of this Agreement, the successful or prevailing party in any such proceeding shall be entitled, in addition to such other relief as may be granted, to recover reasonable outside attorneys' fees and costs of suit incurred in such proceeding.
- State Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. Any action concerning this Agreement shall be brought in the appropriate state or federal courts in Los Angeles, California, and the parties consent to service of process in California.
APPLICANT MUST SIGN THIS AGREEMENT EITHER (A) ELECTRONICALLY BY FILLING OUT THE INFORMATION AND ACCEPTING THE TERMS OF THE AGREEMENT BELOW OR (B) BY PRINTING OUT AND SIGNING A HARD COPY OF THIS AGREEMENT AND PROVIDING TO INKTIP ALL PAGES (INCLUDING THOSE NOT SIGNED) SCANNED AND EMAILED, OR MAILED BACK TO INKTIP (SEE CONTACT INFORMATION ABOVE); A SEPARATE AGREEMENT MUST BE SIGNED BY EACH CO-AUTHOR AND CO-OWNER OF ANY WORK SUBMITTED THROUGH INKTIP.
I UNDERSTAND AND AGREE TO THE ABOVE TERMS AND CONDITIONS: