PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Last updated 09/06/2009

THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

MY SCRIPT NEEDS HELP, INC. ("we," "our" or "us"), provides the www.myscriptneedshelp.com World Wide Web Site (the "Site"), together with the  content on the Site and any related services (collectively, the "Services"), subject to your compliance with the terms and conditions set forth in this agreement ("Agreement"). By using the Site or the Services, you agree to be bound by these terms and conditions, our Privacy Policy, and any other agreement you are required to enter into with MY SCRIPT NEEDS HELP, INC. in conjunction with your participation in the Site. If you do not agree to these terms and conditions, please do not use the Site or the Services. This Agreement is made between MY SCRIPT NEEDS HELP, INC. and you, as a visitor ("you"). The words "you" or "your" shall also mean heirs, executors, administrators, successors and legal representatives. We reserve the right at any time to impose or change any fees or charges for use of the Site or Services, change the Site or the Services, including eliminating or discontinuing any content on or feature of any Site or change the terms of this Agreement. Any changes we make will be effective immediately on notice, which we may give by posting the revised Agreement on the Site. Your use of the Services after such notice will be deemed acceptance of such changes.

While using the Site and/or Services, you agree to comply with all applicable laws, rules and regulations. We have no obligation to monitor the Site or any materials that you transmit to the Site (including, without limitation, any submission or other material). However, you acknowledge and agree that we have the right to monitor the Site and the materials you transmit, from time to time, and to disclose any information (including your personally identifiable information) to any third party in order to operate the Site properly; to protect MY SCRIPT NEEDS HELP, INC., the Site, the Services, our investors, and visitors; and to comply with any legal obligations, regulations, or governmental requests. MY SCRIPT NEEDS HELP, INC. may condition your right to participate on the Site or in the Services on your furnishing to MY SCRIPT NEEDS HELP, INC. and keeping updated at all times such personal identifying information as MY SCRIPT NEEDS HELP, INC. may require.

RULES OF CONDUCT

While using the Site or the Services, you agree not to:

-Restrict or inhibit any other visitor from using the Site or the Services;

-Communicate any other person’s identifiable information (name, address, email, credit card account number, etc.) other than your own through the Site or the Services;

-Transmit any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, hateful, fraudulent or otherwise objectionable content, or infringes on our or any third party's intellectual property or other rights;

-Transmit any information, software, or other material that contains a virus, worm, time bomb or other harmful or disruptive component;

-Transmit chain letters or pyramid marketing schemes;

-Transmit unsolicited advertising, promotional materials, or other forms of solicitation;

-Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, the Services, or the software underlying either of them, or modify any materials downloaded from the Site;

-Do any act which interferes with or slows the operation of the Site or the Services;

-Use any application or other device or process to retrieve, index or reproduce or circumvent the navigational structure or presentation of the Site, the Services or their contents; or

-Use the Site or Services for any unlawful purpose.

SUBMISSIONS

Subject to the terms and conditions of any and all other agreements between you and MY SCRIPT NEEDS HELP, INC. in connection with your use of the Site or the Services, any material that you transmit to us anywhere on the Site or through the Services will not be used by MY SCRIPT NEEDS HELP, INC. throughout the world in perpetuity for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and will not be modified to enable or complement any such use, unless signed permission is given to do so.

You shall not send or otherwise make us aware of any creative materials of any kind, apart from your own submissions, if any, submitted in connection with a MY SCRIPT NEEDS HELP, INC. service on of the Site, such as stories or character ideas, titles, screenplays, songs, or original artwork (collectively, "unsolicited submissions"), unless you agree to our use thereof as described hereinabove. If you send us any unsolicited submissions despite your foregoing obligation not to do so, we take no responsibility and will have no liability with respect to the use by MY SCRIPT NEEDS HELP, INC. or any third party of such unsolicited submissions or any portion thereof. The MY SCRIPT NEEDS HELP, INC. Parties shall not be liable for any use or disclosure of any unsolicited submissions. By sending us unsolicited submissions you release, waive any claims with regard to, and hold harmless the MY SCRIPT NEEDS HELP, INC. Parties from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works of, public performances, public display, digital performances, sales, offers, and other uses of any kind of such unsolicited submissions in any media now known or hereafter developed, for any purpose whatsoever.

PROPRIETARY RIGHTS

The Site and the Services are owned and operated by MY SCRIPT NEEDS HELP, INC. and others pursuant to contractual arrangements. You acknowledge and agree that all content and materials available on the Site and in the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, upload, post, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content from the Site or the Services in any way. Modification or use of any materials contained on the Site or in the Services is a violation of MY SCRIPT NEEDS HELP, INC.'s copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Services. The following trademarks: earth lion productions, and all associated logos, graphics, images and domain names, including, without limitation, www.myscriptneedshelp.COM  &  are the trade names, trademarks, service marks, logos, and/or domain names of MY SCRIPT NEEDS HELP, INC.. You agree that you will not challenge the respective ownership rights of MY SCRIPT NEEDS HELP, INC. or any third party in or to the MY SCRIPT NEEDS HELP, INC. Marks or any third party marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the MY SCRIPT NEEDS HELP, INC. Marks or third party marks contained on the Site or in the Services.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your material has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify MY SCRIPT NEEDS HELP, INC. at service@myscriptneedshelp.com  by providing us with the following information:

1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;

3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;

4. Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material;

5. Your name, address, telephone number, and email address; and

6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

7. 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 are authorized to act on the copyright owner's behalf.

PRIVACY POLICY

We require you to read our Privacy Policy, which (in addition to this Agreement and any other agreement by which you may be bound) sets out how we collect and use any information you submit to MY SCRIPT NEEDS HELP, INC. or through the Site or the Services. You must be at least 18 years old to use this Site or the Services.  Anyone under the age of 18, but older than 13 will need parental or guardian consent to use the services listed on the site.  Children Under The Age of 13 are Not Permitted.  The parent or guardian must submit on his or her behalf.  REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER UNDER THE AGE OF 13 ATTEMPTS TO ORDER SERVICES WITH MY SCRIPT NEEDS HELP, INC., WE SHALL NOTIFY THE CHILD THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.

INTERNATIONAL USE

Unless otherwise specified, the services on the Site are presented primarily for the citizens of the United States of America. We control and operate the Site and the Services from within the United States. We make no representation that the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. All submissions must be in English and payments in us dollars.

TERMINATION

MY SCRIPT NEEDS HELP, INC. reserves the right, in its sole discretion, to terminate access to all or part of the Site or the Services, at any time, with or without notice. Maintenance or repairs may warrant such an action and cannot be avoided. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY SCRIPT NEEDS HELP, INC. may or may not at its discretion PROVIDES ASSISTANCE INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL OR CUSTOMER SUPPORT. Support for advertised services is available Monday to Friday 8am to 5pm pacific standard time.

MY SCRIPT NEEDS HELP, INC. MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR SYSTEM'S REQUIREMENTS, OR THAT THE SITE OR THE SERVICES (OR THE SERVERS THAT MAKE THEM AVAILABLE) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR FREE OF HARMFUL COMPONENTS; NOR DOES MY SCRIPT NEEDS HELP, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED.

MY SCRIPT NEEDS HELP, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

THE SITE AND SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES. THOSE THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF MY SCRIPT NEEDS HELP, INC. AND MY SCRIPT NEEDS HELP, INC. IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITE. IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITE, THEN YOU DO SO AT YOUR OWN RISK. THE INCLUSION OF THE LINK DOES NOT IMPLY THAT WE ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY SITES.  Payment processing through third-party sites is the only exception, and any problems with such parties should be sent to MY SCRIPT NEEDS HELP, INC. for assistance in the problem’s resolution.

MY SCRIPT NEEDS HELP, INC. MAKES NO WARRANTY REGARDING the SERVICES  OBTAINED THROUGH THE SITE.  The Opinions of script readers and analysts  are just that. They are not representative of any opinions of the company, and as such will not warrant refunds due to your disagreement with coverage or analysis received on your submitted material. Likewise, no response to submitted movie ideas  does not represent any opinion held by the company.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY SCRIPT NEEDS HELP, INC. OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MY SCRIPT NEEDS HELP, INC., ITS LICENSEES, SUCCESSORS, ASSIGNS, RELATED OR AFFILIATED ENTITIES, ADVERTISERS, SPONSORS, PROVIDERS, CONTRACTORS, CONSULTANTS OR PROFESSIONAL ADVISORS OR THE PARENT, SUBSIDIARY OR AFFILIATED COMPANIES OF EACH OF THEM AND ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS (THE "MY SCRIPT NEEDS HELP, INC. PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MY SCRIPT NEEDS HELP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE MY SCRIPT NEEDS HELP, INC. PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.

INDEMNIFICATION

You shall be fully responsible for any violation of this Agreement or of any other agreement between you and MY SCRIPT NEEDS HELP, INC. (including, but not limited to, the Privacy Policy, and any other agreement). You agree to defend, indemnify, and hold harmless the MY SCRIPT NEEDS HELP, INC. Parties from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Site or the Services. MY SCRIPT NEEDS HELP, INC. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with MY SCRIPT NEEDS HELP, INC. in asserting any available defenses.

GOVERNING LAW

This Agreement, the Privacy Policy and any other agreement between you and MY SCRIPT NEEDS HELP, INC. shall be governed by and construed in accordance with the laws of the State of California, United States of America, excluding its conflicts of law rules. In the event of any dispute arising out of or in connection with your use of the Site or the Services, such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, United States of America in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under United States federal law or the laws of the State of California, United States of America or any other state or country to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of this Agreement, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of this Agreement and any other agreements you may enter into with MY SCRIPT NEEDS HELP, INC., and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. Each party expressly waives any right to a jury. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning this Agreement or any other agreement between you and MY SCRIPT NEEDS HELP, INC., your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized herein, and in no event will you be entitled to seek rescission, or injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not use the Site or the Services.

SEVERABILITY AND INTEGRATION

This Agreement, together with any agreement referred to herein (including the Privacy Policy) and any other agreement between you and MY SCRIPT NEEDS HELP, INC., constitutes the entire agreement between you and MY SCRIPT NEEDS HELP, INC. with respect to the Site and the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and MY SCRIPT NEEDS HELP, INC. with respect to the Site and the Services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

MISCELLANEOUS

This Agreement is not assignable or otherwise transferable by you, and any such transfer, assignment or sublicense shall be null and void. No agency, partnership, joint venture or employment relationship between you and MY SCRIPT NEEDS HELP, INC. is intended or created by this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Any notifications or other communications that we undertake to send to you hereunder will be deemed conclusively given if sent to the email address submitted as part of your order process with MY SCRIPT NEEDS HELP, INC.. If such email address does not function, MY SCRIPT NEEDS HELP, INC. will have no obligation to send you notifications or other communications by other means, notwithstanding that other contact information for you may be available to us. Your electronic consent to this Agreement (or to any other agreement between you and MY SCRIPT NEEDS HELP, INC.), whether by clicking "I AGREE" or similar buttons provided in conjunction with any such agreement, your submission of any agreement with your initials and/or name entered into a box provided for that purpose together with the agreement, and/or your registration to use the Site or the Services governed by this Agreement, shall constitute your electronic signature and, according to the provisions of federal law (including, without limitation, copyright law), shall be of the same effect as if you had signed such agreement manually. Your access and use of the Site or the Services also constitutes your acceptance of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. A printed version of this Agreement and/or of any notice given in electronic form shall be admissible in judicial, administrative, or arbitration proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyrights. The copyright in all material provided on this site is owned by MY SCRIPT NEEDS HELP, INC. or by MY SCRIPT NEEDS HELP, INC.'s licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of MY SCRIPT NEEDS HELP, INC. or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. MY SCRIPT NEEDS HELP, INC. does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MY SCRIPT NEEDS HELP, INC. or the copyright owner. However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.

Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of MY SCRIPT NEEDS HELP, INC. and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. MY SCRIPT NEEDS HELP, INC. aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) CONTRACT MAKER may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. MY SCRIPT NEEDS HELP, INC. prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any MY SCRIPT NEEDS HELP, INC. site unless establishment of such a link is approved in advance by MY SCRIPT NEEDS HELP, INC. in writing. If You have any questions regarding any trademarks on the site, please contact MY SCRIPT NEEDS HELP, INC..

Monitoring. You acknowledge that MY SCRIPT NEEDS HELP, INC. or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. MY SCRIPT NEEDS HELP, INC., in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which MY SCRIPT NEEDS HELP, INC. deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.

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.

BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.