MD Film Consultants Terms And Conditions

Please read our Terms And Conditions and click “I Agree” to contact us.

TERMS OF SERVICE

1.   Your Relationship with Us

Your access or use of our software, services and website (referred to collectively as the “Services” (excluding any services provided to you by us under a separate written agreement) is subject to a legal agreement between you and MD Film Consultants, Inc. (“we”, “our” or “us”) with its principal place of business located at 1700 Westwood Blvd., Los Angeles, California 90024. This document explains how the agreement is made up, and sets out some of the terms of that agreement.  Unless otherwise agreed in writing, your agreement with us will always include the terms and conditions set out in this document (“Universal Terms”) in addition to the terms of any legal notices applicable to the Services you access, use or register for (“Additional Terms”).  Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of that Service.  Collectively, the Universal Terms and the Additional Terms are referred to as “Terms of Service.”  If there is a conflict between the terms and conditions contained in the Additional Terms and the Universal Terms, then the Additional Terms shall take precedence in relation to that Service.

2.   Accepting the Terms of Service

a.   You must agree to the Terms of Service in order to use the Services.

b.   You can accept the Terms by:

(i)   clicking to accept or agree to the Terms of Service, where this option is made available to you by us in the user interface for any Service; or

(ii)  by actually using the Services. In this case, you understand and agree that we will treat your use of the Services as acceptance of the Terms of Service from that point onwards.

c.   In the event that you do not agree to the Terms of Service, or any changes or modifications thereto, you should not continue to access or use the Services provided by us.

3.   Modification of Terms of Service

a.   We reserve the right to modify or revise these Terms of Service at any time in our sole discretion.

b.   Any modification or revision to these Terms of Service shall be effective immediately upon being posted unless otherwise stated.  Your continued access or use of the Services following the posting of any changes or modification to these Terms of Service will constitute your acceptance of such changes or modifications.

4.   Term

This Agreement shall remain in full force while you access or use the Services.

5.   Termination

a.   You may terminate your legal agreement with us at any time by discontinuing access to the Services.

b. We may terminate our legal agreement with you without further obligation or liability to you if you have breached any provision of the Terms of Service; or if we reasonably believe you have breached the Terms of Service.

c. We may also terminate our legal agreement with you if providing the Services to you is no longer commercially viable.

6.   License and Site Access.

MD Film Consultants, Inc. grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.  Any unauthorized use terminates the permission or license granted by MD Film Consultants, Inc.

7.   Charges for Services

Certain Services available require a fee in accordance with the Fee Schedule associated with that service.  You agree to pay all amounts due and owing, if any, associated with your use of a fee-based service. We may change prices at any time without prior notice. You agree that in the event you do not pay all amounts due and owing associated with your use of a fee-based service, we may take any steps necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

8.   Submitted Materials

a.   Disclaimer. You acknowledge and agree that MD Film Consultants, Inc. is exposed to many screenplays, teleplays, stories, ideas and literature (i.e. novels, books, etc.) through the Services and through normal, daily interactions with colleagues, affiliates, agents and other individuals.  You further acknowledge and agree that there are many literary materials, scripts, books, and magazines that have stories, concepts, themes or premises that may be similar or identical to yours, and that MD Film Consultants, Inc. is not responsible for any claims arising from your failure to register your script, screenplay, or other submission with the Writer’s Guild of America or U.S. Copyright Office, prior to submitting them to MD Film Consultants, Inc.

b.   Unsolicited Submissions. It is our policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request or provide for in a separate written agreement. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do NOT send to us any original creative materials such as screenplays, stories, original artwork, idea, literature (i.e. novels, books, etc.), or other literary material (“Your Material”) unless specifically requested by us or provided for in a separate written agreement.   Anything you transmit (including, without limitation, Your Material) to us by electronic mail or otherwise, will be treated as non-confidential and non-proprietary, and shall be deemed the property of, and may be used by MD Film Consultants, Inc. for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, unless it was requested by us or provided for in a separate written agreement.  Furthermore, MD Film Consultants, Inc. is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any unsolicited communication you send for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Disclosure, submission, or offer of Your Material to us when not specifically requested by us or provided for in a separate written agreement shall constitute an assignment to MD Film Consultants, Inc. of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. MD Film Consultants, Inc. may edit, copy, publish, distribute, translate, and otherwise use in any medium any submission that you forward to MD Film Consultants, Inc. and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. Unless provided for in a separate written agreement, MD Film Consultants, Inc. is and shall be under no obligation to: (1) maintain any of your submissions in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user’s submissions.”

9. Trademarks

MD Film Consultants, Inc., mdfilmconsultants.com, and other graphics, logos, page headers, button icons, scripts, and service names used on this website are trademarks, registered trademarks or trade dress of ours in the U.S. and/or other countries.  Other trademarks, trade names and service marks used or displayed on this website are the trademarks, or registered trademarks of their respective owners. Nothing contained on this website or within these Terms of Service grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the express written permission of us or such third party owner.

10. Copyrights

All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MD Film Consultants, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of MD Film Consultants, Inc. and protected by U.S. and international copyright laws. All software used on this website is the property of MD Film Consultants, Inc. or its software suppliers and protected by United States and international copyright laws.  You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and rights of publicity, and other laws and regulations, and is strictly prohibited.

11. Linking to this Site.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MDFilmConsultants.com so long as the link does not portray us, this website, or the Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any MD Film Consultants, Inc. logo or other proprietary graphic or trademark as part of the link without our express written permission.

12. Prohibited Uses of the Services

a.   The Services are provided for informational purposes only, are not intended to be a substitute for professional medical advice, diagnosis, or treatment, and such use is strictly prohibited

b.   You may not use the Services for activities that violate any law, statute, ordinance or regulation;

c.   You are also prohibited from violating or attempting to violate any security feature of the Services, including, without limitation,

(i)     Accessing content or data not intended for you, or logging onto a server that you are not authorized to access;

(ii)   Attempting to probe, scan, or test the vulnerability of the Services or to breach security measures without proper authorization;

(iii) Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

(iv)  Using the Services to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;

(v)    Forging the TCP/IP packet header or any part of the header information in any email or in any posting using the Services;

(vi)  Attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Services; or

(vii)    Using the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any network or networks connected to   the Services.  Any violation of system or network security may subject you to civil and/or criminal liability.

13. Compliance with Intellectual Property Laws

Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.  When using the Services:

  1. You agree to obey the law and to respect the intellectual property rights of others;
  2. You agree not to provide or transmit any Material in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights; and
  3. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any Material you provide or transmit.

The burden of proving that any Material does not violate any laws or third party rights rests solely with you.

14. Advertisers, Other Businesses, and Links to Other Sites

The Services may provide links redirecting you to the websites of third-party merchants, and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by us of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. We are not responsible for examining or evaluating, and do not warrant or claim responsibility for in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. You should carefully review their privacy statements and other conditions of use.

15. Privacy Policy

Our data collection practices are provided in our Privacy Policy accessible athttp://www.mdfilmconsultants.com/privacy-policy/

16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MD FILM CONSULTANTS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MD FILM CONSULTANTS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MD FILM CONSULTANTS, INC. DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MD FILM CONSULTANTS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MD FILM CONSULTANTS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS. MD FILM CONSULTANTS, INC., ITS OFFICERS, EMPLOYEES, AND AGENTS, FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY WITH RESPECT TO YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS; DUE TO OR ARISING FROM YOUR VIOLATION OF THESE TERMS OF SERVICE, OR YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN.

18. Dispute Resolution and Governing Law.

A.   Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and MD Film Consultants, Inc. agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. We will send our notice to the email address you have provided to us. You will send your notice to: MD Film Consultants, Inc., 1700 Westwood Blvd., Los Angeles, California 90024.

B.   Binding Arbitration. If you and MD Film Consultants, Inc. are unable to resolve a Dispute through informal negotiations, either you or we may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and MD Film Consultants, Inc. may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C.   Restrictions. You and MD Film Consultants, Inc. agree that any arbitration shall be limited to the Dispute between MD Film Consultants, Inc. and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D.   Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Los Angeles, State of California, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and we agree to submit to the personal jurisdiction of that court.

E.   Governing Law. The services are controlled and operated by us from our offices in the United States of America, State of California. We make no representation that the Services are available or appropriate for use in other locations. Your use of or access to the services should not be construed as MD Film Consultants, Inc. purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.  Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of California, without regard to choice of law principles. Those who choose to access the Services from locations outside of the United States, do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.

F.   Severability. You and MD Film Consultants, Inc. agree that if any portion of Section 18 is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.

19. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20. No Third Party Beneficiaries

This Agreement is not intended to be for the benefit of any third Party, is not enforceable by any third Party, and will not confer on any third Party any remedy, claim, right of action or other right.

21. Modifications to Services

We may, in our sole discretion and without prior notice modify the Services, and discontinue the Services at any time.

22. Assignment

You may not delegate your duties or assign your rights under this Agreement.  However, you may assign this Agreement as part of a corporate reorganization, consolidation, merger or sale of substantially all of its assets.  We may assign any of our rights and obligations under this agreement without consent, including in connection with a corporate reorganization, consolidation, merger or sale of substantially all of its assets. This Agreement will bind and inure to the benefit of each successor and permitted assigns.

23. Other

Unless indicated otherwise, all contents are: copyright © MD Film Consultants, Inc., 1700 Westwood Blvd., Los Angeles, California 90024.  The Terms of Service constitutes the entire agreement between you and MD Film Consultants, Inc. and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and MD Film Consultants, Inc. regarding the subject matter herein.  Inaction or failure by MD Film Consultants, Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement shall be held void, invalid or inoperative by a court of law or judicial authorities, no other provision of this Agreement shall be affected as a result thereof, and accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, invalid or inoperative provision had not been contained herein.  The section headings in this Agreement are solely for convenience and have no legal or contractual significance.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement was last modified March 10, 2011