Moviepitches strives to protect the intellectual property rights of others and endeavors to make sure our site contains no content that violates those rights. Our Terms of Service requires that information posted by Members be accurate, lawful and does not violate the rights of any third parties. To address any issue that may arise, Moviepitches provides a process to submit complaints concerning content posted by our Members. Our policy and procedures are described and/or referenced in the sections that follow. 

Please note that whether or not we disable access to or remove content, Moviepitches  may make a good faith attempt to forward the written notification of the “third party’s” contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that Moviepitches has received notice of an alleged violation of intellectual property rights or other content violation. 

At our discretion, we may remove the content in question until the dispute is resolved, disable the Member’s account until the dispute is resolved and/or terminate the accounts of the Member, or group as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content. 

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. 

Claims regarding copyright infringement 

Notice of Copyright Infringement: 

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Moviepitches has implemented procedures for receiving written notification of claimed infringements. Moviepitches has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a written communication which contains:

 

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

• 2. A description of the copyrighted work that you claim has been infringed;

• 3. A description specifying the location on our website of the material that you claim is infringing;

• 4. Your email address and your mailing address and/or telephone number;

• 5. 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

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

Please submit your notice to MoviePitches LLC’s Copyright Agent as follows: 

MoviePitches LLC 
ATTN: Copyright Agent 
andy@moviepitches.com
Counter-Notice: 

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may submit a written communication which contains: 
 

• 1. Your physical or electronic signature;

• 2. Identification of the material removed or to which access has been disabled;

• 3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;

• 4. Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

 

Please submit your Counter-Notice to Moviepitches Copyright Agent via email to the address specified above.

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Submission Release & Agreement

 

PITCHES AND OTHER INTELLECTUAL PROPERTY (e.g., NOVELS, MANUSCRIPTS, and so forth) THAT YOU ("APPLICANT") SUBMIT TO MOVIEPITCHES LLC ("MOVIEPITCHES") AT THIS OR ANY FUTURE TIME ARE ACCEPTED BY MOVIEPITCHES ONLY ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:

 

1. Upon Moviepitches acceptance of your submission of the pitch, screenplay, novel, manuscript, short screenplay, or other form of intellectual property (collectively, the "Work"), it will be made available on MoviePitches's website to MoviePitches's registered subscribers ("Subscribers" ) who include producers, directors, agents, managers and other industry professionals. You and MoviePitches agree that such Subscribers are third party beneficiaries of this Agreement.

2. 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.

3. Applicant has retained at least one copy of the Work. MoviePitches 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 MoviePitches'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. MoviePitches 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.

4. 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 MoviePitches and its Subscribers, on the other hand, is being created by this Agreement or by Applicant's submission of the Work to MoviePitches.

5. Applicant represents and warrants to MoviePitches 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 MoviePitches 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 MoviePitches and/or its Subscribers by reason of any breach or failure of any warranty or agreement herein made by Applicant.

6. No obligation of any kind is assumed or may be implied against MoviePitches and/or its Subscribers, either as a result of this Agreement or Applicant's submission of the Work. It is understood that MoviePitches 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 MoviePitches or any Subscriber from another source.

7. MoviePitches 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. MoviePitches does not attest to or guarantee the validity of any Subscriber or any subsequent agreements between Applicant and any Subscriber.

8. Except as otherwise provided in this Agreement, Applicant hereby releases MoviePitches 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 MoviePitches or any Subscriber has used or appropriated the Work. IN NO EVENT SHALL MoviePitches 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 MoviePitches OR ITS SUBSCRIBERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The extent of MoviePitches's liability, if any should otherwise be determined, shall be the amount of any sum paid MoviePitches by Applicant.

9. All terms and conditions of MoviePitches's Disclaimer Web Page are hereby incorporated into this Submission Release & Agreement as if recited herein in full.

10. MoviePitches 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 MoviePitches's website.

11. It is understood that the way MoviePitches is able to attract industry professionals to use MoviePitches is by promotion of MoviePitches's results. Therefore, as a condition to using MoviePitches, Applicant agrees to always inform MoviePitches of any agreement or relationship Applicant forms with any industry professional that was in any way found, heard about or nurtured through MoviePitches, so that MoviePitches can not only promote Applicant and Applicant's works, but also promote MoviePitches.

12. General Provisions:

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. Notices. All notices under this Agreement shall be in writing and delivered to MoviePitches 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 MoviePitches shall be made to its postal address above.

    7. Arbitration. Any action to enforce or interpret this Agreement or to resolve disputes between the parties or against MoviePitches 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.

    8. 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.

    9.    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.

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