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1. CONSIDERATION. In consideration of my execution of this agreement(“Agreement”), and for the payment of predetermined rates for services set forth in the SERVICES, you agree within a reasonable time from the date hereof to cause the material (“Material”) I have submitted with this Agreement to be reviewed and evaluated by your employee or contractor charged with that responsibility. I will receive the level of service I have requested in writing as described in the SERVICES.
2. ACKNOWLEDGMENT OF SUBMITTER. I acknowledge that the Material may be similar in nature or content to materials, ideas, scripts, teleplays, stories, manuscripts and like literary, dramatic or new media material submitted to you by others or reviewed or analyzed by your employees or contractors. I understand that you have adopted the policy of not accepting any material for review or consideration unless I have read , understood and accepted all provisions of this agreement. I understand that no confidential or fiduciary relationship is established by the submission of materials to you. I shall retain all rights to submit the Material or property similar thereto to persons other than you. I warrant and acknowledge that I am submitting the Material without any request or suggestion from you.
3. DELIVERY AND RETURN OF MATERIAL. I have retained at least one copy or duplicate of the Material that I have submitted to you. I hereby release Script Flea from any and all liability for loss of, or damage to, the copies of the Material submitted hereunder. I understand that these copies will not be returned to me under any circumstances.
4. RIGHTS AND OBLIGATIONS. (a) I agree that you have no obligations to me except as set forth in this Agreement, and that no other obligations exist or shall exist or shall be deemed to exist. I further acknowledge that at this time you have no intent to compensate me in anyway and I have no expectation of receiving any compensation. You agree, however, that except as provided in Paragraph 4(b), you will not use the material unless you and I shall agree upon such. I understand and agree that your use of property containing elements similar to or identical with protectibile literary property contained in my Material shall not obligate you to me in any manner if you shall have obtained such property either heretofore or hereafter from source other than from me. (b) If my material or any elements of my Material is not new, unique, concrete, or novel and/or is in the public domain and/or is not original with me, then as between you and me, I agree that you have the right to use such elements with out any obligation to me whatsoever. Without limiting the foregoing, I claim right in the title of the Material only as regards its use in connection with the Material.
5. ARBITRATION OF DISPUTES. In the event of any dispute arising out of or relating to (a) any alleged wrongful use of Material or (b) this Agreement, its validity or effect, then such dispute shall be submitted to arbitration in the County of Los Angeles, State of California before a sole neutral arbitrator under the then-effective Commercial Arbitration Rules of the American Arbitration Association. Each party hereby waives any and all rights (whether for damages or for injunctive or other relief) and benefits which he or it might otherwise have be entitled to under the laws of the State of California to litigate in court any dispute, it being the intention of the parties to arbitrate all disputes in accordance with the provision of this Agreement. 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. This Agreement may not be modified except in a writing signed by both parties.
6. DISCLAIMER. I understand that the services provided to me by Script Flea LLC are purely opinion based and that I am not due a refund or any other form of compensation if I do not agree with the professional analysis they provide.
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