The Services are provided subject to these terms and conditions (these “Terms”), our Privacy Policy, and any other guidelines, rules or operating policies that Planet B Studios, Inc of 3940 Laurel Canyon Blvd, Suite 556, Studio City, CA, USA, (hereinafter, “Planet B Studios”) may establish and post on the Website (collectively, the “Agreement”).
1. Services
1.1. Planet B Studios service is offered through the URL https://access.screenwritingaccelerator.com (the “Website”).
1.2. Subject to the terms and conditions in the Agreement, during the Agreement Term, Planet B Studios hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your internal business purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
2. Account
In order to use our Service, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the terms and conditions set forth in the Agreement; and 4) provide true, complete, and up to date legal and contact information. If you sign up for Planet B Studios on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Agreement Term
The term of the Agreement (the “Agreement Term”) begins when you sign up for Planet B Studios or first use the Services and continues as long as you use the Services.
4. Account and Password
4.1. The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password.
4.2. You are responsible for keeping your user-id and password confidential. You are also responsible for any use of any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts.
4.3. You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
4.4. We don’t have access to your current password, and for security reasons, we may only reset your password.
5. Fees, Payments and Refunds
5.1. We provide Monthly or Annual Subscriptions to the Screenwriting Accelerator resource. Monthly Subscription and Annual Subscription are provided on per-account basis.
5.2. All charges for the paid services (“Charges”) are posted on the Website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Charges paid by Customer are non-refundable.
5.3. The Monthly Subscription is a prepaid subscription service with monthly (30 days) payments. The Annual Subscription is a prepaid subscription service with annual (365 days) payments. Except to the extent otherwise set forth, the subscription automatically renews at the end of the paid period unless explicitly canceled before the start of new billing period.
5.4. The Monthly Subscription is due every 30 days starting from your first payment. The Annual Subscription is due every 365 days starting from your first payment. In case of an unsuccessful charge to credit card, we will automatically suspend the features of your plan until your payment can be processed.
5.5. As long as you’re using the subscription services, You will provide Planet B Studios’ third party payment processor with valid credit card information and authorize us to deduct the monthly or yearly charges against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, our third party payment processor is unable to process your credit card order, we will try to charge 3 more times in the next few days. Consecutive charge retries does not change and/or extend your monthly or annual renewal date.
5.6. We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
5.7. All prices for Services are calculated in USD and your credit card will be charged in USD.
5.8. You are responsible for any taxes imposed on the Services except in cases where legislation requires us to collect the taxes.
5.9. Reselling of the Services to third parties is permitted only if you sign a specific agreement with Planet B Studios.
6. Cancellations
6.1. Except as otherwise set forth in an Order Form, you or Planet B Studios may terminate this Agreement at any time and for any reason by giving Notice to the other party. Termination of the agreement means that you will lose access to your account. You have to explicitly cancel your subscription to paid services on the Website or by writing to help@essentialscreenwriting.com before the next payment date or your subscription will auto-renew, and you will be charged your next subscription fee. In case of auto-renewal, all paid services will be provided to you for the next month.
6.2. We may at any time terminate the Agreement if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).
6.3. Once terminated, we may permanently delete your account and all the data associated with it.
6.4. If Planet B Studios terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
6.5. Planet B Studios may charge an account reactivation fee should an account need to be reactivated by a customer after an account has become de-activated due to breach of this Agreement.
7. Rights
7.1. Unless we expressly agree otherwise in the Agreement, all Software (as defined below), the Services, and all intellectual property rights associated with the Software and Services, are the sole and exclusive property of Planet B Studios. Subject to your full and complete payment of all amounts due to Planet B Studios therefor, to the extent Planet B Studios provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “Planet B Studios Content”), Planet B Studios grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the Planet B Studios Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any Planet B Studios Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted in this Section 7.1, this is an agreement for services, and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Software and the Planet B Studios Content.
7.2. In connection with the rights and licenses granted by Planet B Studios under the Agreement, Planet B Studios may provide you with user manuals, reference manuals, (collectively, the “Documentation”). Planet B Studios is the sole and exclusive owner of all right, title, and interest in and to the Documentation and all of the intellectual property rights associated with the Documentation.
7.3. You agree you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, Documentation, Planet B Studios Content or data related to the Services (“Software”); (ii) remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Software; (iv) copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the Planet B Studios Content, or any Software; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; (viii) upload, link to or post any portion of the Software and/or the Planet B Studios Content on a bulletin board, intranet, extranet, or website; (ix) use or distribute the Software and/or the Planet B Studios Content in violation of any applicable laws, regulations, or export restrictions; (x) possess or use the Software in any format other than machine-readable format; (xi) use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; (xii) circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; (xiii) use the Services to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; or (xiv) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement. Planet B Studios reserves all rights in the Services not explicitly granted herein. If Customer uses the Services in any country within the European Union, the prohibitions set forth herein will not affect Customer’s rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
7.4. You acknowledge and agree that the Services, the Software, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Planet B Studios or by other parties that have licensed their material to Planet B Studios. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Planet B Studios. Your use of the Services confers no title or ownership in the Services, the Software, or the Marks and is not a sale of any rights in the Services, the Software, or the Marks. All ownership rights remain in Planet B Studios or its third party suppliers, as the case may be.
7.5. You acknowledge and agree that any comments, ideas and/or reports provided to Planet B Studios (“Feedback”) shall be the property of Planet B Studios and you hereby irrevocably transfer and assign to Planet B Studios such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
8. Privacy
8.1. In using the Services, you may provide information (such as name, contact information, or other registration information) to Planet B Studios. Planet B Studios may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
8.2. We may use and disclose your information in connection with its provision of the Services, according to our Privacy Policy. From time to time, we may modify our Privacy Policy, which modifications shall become effective once posted.
9. Your Content
9.1. Other than as expressly provided in this Agreement, this Agreement does not transfer any ownership of your Content to Planet B Studios. With respect to any of such Content that you make available for inclusion on publicly accessible websites or other publicly accessible aspects of the Planet B Studios Services, You grant Planet B Studios a worldwide, perpetual, irrevocable, transferable, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display that Content as is reasonable in connection with the provision and management of any Planet B Studios Service, and in relation to any Content that you make available for other aspects of Planet B Studios Services, You grant to Planet B Studios a worldwide, royalty-free and non-exclusive license to use, distribute, publicly perform and publicly display such Content as is reasonably required to provide you with the Planet B Studios Service; and you warrant and covenant in both instances that You have the right to grant to Planet B Studios such a license.
9.2. You are responsible for the development, content, management, use, and quality of your Content and the means by which you acquire and share your Content, including taking steps to maintain legally required or otherwise appropriate security and protection, including backup and archiving, of your Content.
9.3. You shall properly handle any notices and claims sent to you claiming that your Content violates Third Party’s rights or Laws. We will not delete any of your Content during the Term unless such deletion is required by a governmental body, to avoid or limit the liability of Planet B Studios or any Third Party, or to protect the security of Planet B Studios’ systems.
9.4. You acknowledge that you are not obligated to share any of your Content or make your Content available to Planet B Studios or during peer to peer presentation or in the course of presentations. If you however wish to participate in any such exercise or presentation, and you do not want your content to be disclosed we recommend present a new or "dummy" idea for the purpose of example, exercise, or presentation.
10. Warranties
10.1. To the maximum extent permitted by law, we provide the Services as is and as available. That means that except to the extent expressly set forth in the Agreement, we don’t provide warranties of any kind, either express or implied, including, but not limited to, we may use or disclose your materials only as we describe in these Terms and our Privacy Policy, non-infringement, title and fitness for a particular purpose or use. We do not warrant the Services will meet your requirements nor do we provide any warranty about results that may be obtained by using the Services. The Services may rely on third party software and hardware, and we make no representations, promises or guarantees regarding third party software and hardware. Planet B Studios does not warrant the Services will be uninterrupted or error-free. The Services are not intended to replace your professional skills or judgment.
10.2. From time to time down-time, either scheduled or unscheduled, may occur. Planet B Studios will work within reason to ensure this amount of down-time is limited. Planet B Studios will not be held liable for the consequences of any down-time.
10.3. Planet B Studios cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware, or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Planet B Studios entirely of all responsibility for any consequences of its use.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, Planet B Studios accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
11.2 In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the one-month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.
11.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12.No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13.Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14.Notices
All notices / communications shall be given to us by email to help@essentialscreenwriting.com. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15.Law and Jurisdiction
These terms and conditions and the relationship between you and Planet B Studios shall be governed by and construed in accordance with the Law of California and Planet B Studios and you agree to submit to the exclusive jurisdiction of the Courts of California.