SCREENWRITER TERMS AND CONDITIONS

  1. DEFINITIONS
    • “Content” means any script, screenplay, summary or any other materials that you upload to the Platform.
    • “Screenwriter” means a person that has uploaded Content to the Platform for discovery by Producers.
    • “Intellectual Property Rights” means all copyright, patents, database rights, registered and unregistered design rights, trade marks (and applications for any of the foregoing) together with all trade secrets, know-how, rights in confidential information and other intellectual and industrial property rights in all parts of the world.
    • “Platform” means the website operated and made available by Foliio through which Content can be shared by Screenwriters for consideration by Producers.
    • “Producer” means a person or organization that wants to discover Content through the Platform.
  2. CREATION OF AN ACCOUNT ON THE PLATFORM
    • We will consider all requests to create an account on the Platform, but we may decline or approve any application at our sole discretion.
    • We may require additional verification of identity or industry experience before we approve any request to create an account on the Platform.
    • You confirm that all information you provide to us is accurate, up-to-date, and complete to the best of your knowledge.  
    • You acknowledge that we will process your personal information in accordance with our Privacy Policy.  You must notify us immediately if any information you have provided to us changes.  We do not assume any liability for issues arising as a result of incorrect, out-of-date, or incomplete information provided by you.
    • You must keep your access details to your account on the Platform secure and confidential. You are responsible for any use of your account by anyone else.
    • You must only use the Platform for your own use, and not on behalf of anybody else.
    • You must not use the Platform for any unlawful or inappropriate purpose. We will not be liable for any costs, damages or losses arising from any use by you of the Platform in breach of applicable laws and these terms.
    • We may suspend access to or close your account on the Platform at any time and for any reason, including for any non-payment of access charges, for breach of these terms, or for abuse of the Platform in any way.
    • We may require payment for access to certain tiers of functionality or account on the Platform.  If you elect to pay for such access on the Platform, you agree that your subscription will automatically renew each month.  You will be charged monthly in advance to the same payment method previously provided to us.  If you wish to cancel or downgrade your subscription, you can do so at any time by contacting us at admin@foliio.com and we will endeavour to make the requested changes as soon as possible. 
    • You must notify us in writing and/or update your account at least 2 business days prior to the next billing day. If you cancel your subscription less than 2 business days prior to the next billing day, you will be charged the fee on the next billing day and your cancellation of the subscription will be effective for the following month.
    • All amounts are stated in Pounds Sterling and are inclusive of VAT and duty (where applicable). We reserve the right to amend our prices and amend or withdraw any special offers at any time without notice.
    • You must not pay, or attempt to pay, any fees by fraudulent or unlawful means. We reserve the right to contact your card issuer for the purposes of carrying out security checks.
    • To the extent permitted by law, the fees are non-refundable and non-cancellable once paid.
    • You acknowledge that when purchasing a subscription you are requesting that we provide our services immediately, and that the provision of our services may be made fewer than 14 days from when you purchased the subscription.  If we have started to provide our services to you within that 14 day period, you agree that you will not have the right to cancel the subscription in relation to that order.
    • Nothing in these terms shall affect your statutory rights in relation to faulty services which are not provided as described.
  3. SUBMITTING CONTENT TO THE PLATFORM
    • Any Content you wish to submit to us for inclusion on the Platform must be submitted using any platform or mechanism that we notify to you, which may be updated from time to time.
    • We will, at our sole discretion, determine whether any particular piece of Content is suitable for inclusion in the Platform.  We will notify you promptly if any Content is rejected for any reason. You acknowledge that we have no obligation to include any Content submitted by you on the Platform, and that we do not guarantee that any Content you provide will result in any particular outcome.
    • We reserve the right to remove any Content from the Platform at any time at our sole discretion, for reasons including notification of a claim of infringement of third party Intellectual Property Rights, or any breach of these terms.
    • You may be permitted to exchange messages with other users of the Platform.  We ask you to limit your discussions to topics which are relevant to the Platform and our services. We reserve the right to remove any messages which we, in our sole discretion, deem to be in breach of these terms or which defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person; use obscene or foul language; include link(s) to inappropriate, offensive or illegal material; could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and interfere with another user.
    • We are not responsible for the conduct of any user of our Platform. You agree and acknowledge that you participate on the Platform at your own risk.
  4. INTELLECTUAL PROPERTY RIGHTS
    • You remain the owner of the Intellectual Property Rights in all Content that you submit to us for inclusion in the Platform.
    • You hereby grant us an exclusive, sublicensable, irrevocable and royalty-free licence to use the Content and any interactions with other Platform users and all associated Intellectual Property Rights for the purposes contemplated by these terms, including to promote the Content on your behalf and make it available to Producers and other users of the Platform.
    • We will take appropriate steps to protect your Content (including notifying other Platform users of your rights), but we shall have no liability to you in relation to any use of any Content by any Producer or other users of the Platform or any third party who may access your Content.
    • We will notify you of any third party claim that the Content infringes any Intellectual Property Rights.  You remain solely responsible for the handling of any such claim.
  5. WARRANTIES & INDEMNITY
    • In respect of all Content you submit to us for inclusion on the Platform, you hereby warrant and undertake that:
      • the Content is your own original work, and has not been copied from any third party;
      • you are the sole owner of the Intellectual Property Rights in the Content and have full authority to enter into these terms and conditions;
      • you have not sold or licensed any Intellectual Property Rights in the Content to any third party prior to submitting it to us;
      • the Content does not incorporate any material that infringes the Intellectual Property Rights of any third party;
      • the Content does not contain any offensive or defamatory matter, and the use of the Content by us shall not infringe any laws or regulations;
      • you have not received any notification that the Content infringes or threatens to infringe any third party Intellectual Property Rights; and
      • the use of the Content as contemplated by us does not require the payment of any licence fee or royalty to any third party, or the use of any notice of attribution.
    • You hereby indemnify us in relation to all actions, proceedings, costs, claims and damages whatsoever incurred by us or awarded against us in consequence of any breach by you of any of the warranties and undertakings in these terms.
  6. FURTHER USE OF CONTENT
    • We make the Platform available so that you can interact with Producers who wish to engage with you in relation to commercialization of your Content.  You agree that any agreements you come to with any Producers are entirely independent of us and the Platform, and we shall have no responsibility or liability to you in relation to any such agreements.
  7. TERMINATION
    • These terms and conditions may be terminated immediately by either party for failure of the other party to comply with any material term of these terms and conditions, unless the failure to comply has been remedied within 30 days of notification of such failure.
    • Upon termination of these terms and conditions for any reason and unless specified otherwise herein, all rights and licences granted pursuant to this terms and conditions shall cease, save that Foliio’s right to use any Content submitted to it before the date of termination shall continue as if these terms and conditions were still in force.
  8. OTHER PROVISIONS
    • Nothing in the terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under applicable law. Any and all other warranties or conditions not set out in these terms or provided by applicable law are expressly excluded where permitted.  
    • Whilst we make reasonable efforts to ensure that all information provided by us, whether through the Platform, as part of our services, or in any other way, is accurate and up-to-date, we make no warranty and provide no guarantee that it is.  We do not make any representation, warranty, or any kind of assurance that your use of the Platform will lead to any particular outcome.  We expressly waive all liability for any reliance you may place on use of the Platform, and you agree that you are solely responsible for any consequences arising from any such reliance.  You use the Platform and share your Content at your own risk.
    • We do not guarantee that the Platform will be available to any particular standard of uptime.
    • We are entitled to amend or vary these terms and conditions from time to time at our sole discretion.  We will notify you of any change which materially affects your rights and obligations.
    • We are entitled to assign or license all of the rights granted to us under these terms and conditions to any third party. You shall not be entitled to assign or sublicense your rights under these terms and conditions.
    • If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms and conditions.
    • These terms and conditions and the documents referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    • These terms and conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England in relation to any disputes arising under them.

These terms and conditions govern your use of the Foliio platform.  By accepting these terms and conditions, you agree to enter into a contract with Foliio Ltd of 7b Florence Road, London, England, N4 4BU, as set out below.

PURCHASER TERMS AND CONDITIONS

  1. DEFINITIONS
    • “Content” means any script, screenplay, summary or any other materials uploaded to the Platform by a Screenwriter.
    • “Screenwriter” means a person that has uploaded Content to the Platform for discovery by Producers.
    • “Intellectual Property Rights” means all copyright, patents, database rights, registered and unregistered design rights, trade marks (and applications for any of the foregoing) together with all trade secrets, know-how, rights in confidential information and other intellectual and industrial property rights in all parts of the world.
    • “Platform” means the website operated and made available by Foliio through which Content can be shared by Screenwriters for consideration by Producers.
    • “Producer” means a person or organization that wants to discover Content through the Platform.
  2. CREATION OF AN ACCOUNT ON THE PLATFORM
    • We will consider all requests to create an account on the Platform, but we may decline or approve any application at our sole discretion.
    • We may require additional verification of identity or industry experience before we approve any request to create an account on the Platform.
    • You confirm that all information you provide to us is accurate, up-to-date, and complete to the best of your knowledge.
    • You acknowledge that we will process your personal information in accordance with our Privacy Policy.  You must notify us immediately if any information you have provided to us changes.  We do not assume any liability for issues arising as a result of incorrect, out-of-date, or incomplete information provided by you.
    • You must keep your access details to your account on the Platform secure and confidential. You are responsible for any use of your account by anyone else.
    • You must only use the Platform for your own use, and not on behalf of anybody else.
    • You must not use the Platform for any unlawful or inappropriate purpose. We will not be liable for any costs, damages or losses arising from any use by you of the Platform in breach of applicable laws and these terms.
    • We may suspend access to or close your account on the Platform at any time and for any reason, including for any non-payment of access charges, for breach of these terms, or for abuse of the Platform in any way.
    • We may require payment for access to certain tiers of functionality or account on the Platform.  If you elect to pay for such access on the Platform, you agree that your subscription will automatically renew each month.  You will be charged monthly in advance to the same payment method previously provided to us.  If you wish to cancel or downgrade your subscription, you can do so at any time by contacting us at admin@foliio.com and we will endeavour to make the requested changes as soon as possible. 
    • You must notify us in writing and/or update your account at least 2 business days prior to the next billing day. If you cancel your subscription less than 2 business days prior to the next billing day, you will be charged the fee on the next billing day and your cancellation of the subscription will be effective for the following month.
    • All amounts are stated in Pounds Sterling and are inclusive of VAT and duty (where applicable). We reserve the right to amend our prices and amend or withdraw any special offers at any time without notice.
    • You must not pay, or attempt to pay, any fees by fraudulent or unlawful means. We reserve the right to contact your card issuer for the purposes of carrying out security checks.
    • To the extent permitted by law, the fees are non-refundable and non-cancellable once paid.
    • You acknowledge that when purchasing a subscription you are requesting that we provide our services immediately, and that the provision of our services may be made fewer than 14 days from when you purchased the subscription.  If we have started to provide our services to you within that 14 day period, you agree that you will not have the right to cancel the subscription in relation to that order.
    • Nothing in these terms shall affect your statutory rights in relation to faulty services which are not provided as described.
  3. ACCESSING CONTENT ON THE PLATFORM
    • We will provide you with access to the Platform, through which you can browse Content from Screenwriters with whom Foliio has chosen to collaborate.
    • We reserve the right to remove any Content from the Platform at any time at our sole discretion, for reasons including notification of a claim of infringement of third party Intellectual Property Rights, or any breach of these terms.
    • You may be permitted to exchange messages with other users of the Platform. We ask you to limit your discussions to topics which are relevant to the Platform and our services. We reserve the right to remove any messages which we, in our sole discretion, deem to be in breach of these terms or which defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person; use obscene or foul language; include link(s) to inappropriate, offensive or illegal material; could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and interfere with another user.
    • We are not responsible for the conduct of any user of our Platform. You agree and acknowledge that you participate on the Platform at your own risk.
  4. INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge that the Screenwriters are the owners of all Content available on the Platform. You shall not copy, adapt, or otherwise use any Content without the appropriate permissions and authorisations from the applicable Screenwriter. All access to the Content on the Platform is for the limited purpose of consideration of the Content prior to negotiating an agreement with the Screenwriter. You must delete all copies of any Content stored by you upon our request or upon request of the Screenwriter.
    • We accept no responsibility or liability for any interaction with any Screenwriter, and make no commitments to you regarding the quality or authenticity of any Content, any third party claims of infringement of Intellectual Property Rights, or claim of ownership by any Screenwriter. You are responsible for conducting your own due diligence on any Content and Screenwriter and we accept no liability in relation to any Content whatsoever.
    • We make the Platform available so that you can interact with Screenwriters who wish to engage with you in relation to commercialization of their Content. You agree that any agreements you come to with any Screenwriter are entirely independent of us and the Platform, and we shall have no responsibility or liability to you in relation to any such agreements.
    • You hereby grant us an exclusive, sublicensable, irrevocable and royalty-free licence to use any materials you upload to the Platform for the operation of the Platform.
  5. WARRANTIES
    • You warrant to us that you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions on behalf of the organization that you represent.
    • We confirm that the Screenwriters have provided us with warranties as to the originality of the Content available on the Platform, that they do not infringe third party Intellectual Property Rights, and that we are authorized to act on their behalf in relation to the acts contemplated by these terms and conditions
    • These terms and conditions set out the full extent of our obligations and liabilities in respect of the Content available on the Platform. To the maximum extent permitted by applicable law, all conditions, warranties or other terms concerning the Content which might otherwise be implied into a contract with a business customer are expressly excluded
    • Our maximum aggregate liability arising from or in connection with the terms (including our services and/or the subject matter of the terms) will be limited to the amounts paid to you by us in the 12 months preceding the date of any claim for liability.
    • Nothing in these terms and conditions will (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.
    • We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    • We will not be liable to you in respect of any loss or corruption of any data, database or software
    • We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    • You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms and conditions.
  6. TERMINATION
    • These terms and conditions may be terminated immediately by either party for failure of the other party to comply with any material term of these terms and conditions, unless the failure to comply has been remedied within 30 days of notification of such failure.
    • Upon termination of these terms and conditions for any reason and unless specified otherwise herein, all rights and licences granted pursuant to this terms and conditions shall cease, save that Foliio’s right to use any materials submitted to it before the date of termination shall continue as if these terms and conditions were still in force.
  7. OTHER PROVISIONS
    • Whilst we make reasonable efforts to ensure that all information provided by us, whether through the Platform, as part of our services, or in any other way, is accurate and up-to-date, we make no warranty and provide no guarantee that it is. We do not make any representation, warranty, or any kind of assurance that your use of the Platform will lead to any particular outcome. We expressly waive all liability for any reliance you may place on use of the Platform, and you agree that you are solely responsible for any consequences arising from any such reliance. You use the Platform and use any Content at your own risk.
    • We do not guarantee that the Platform will be available to any particular standard of uptime.
    • We are entitled to amend or vary these terms and conditions from time to time at our sole discretion. We will notify you of any change which materially affects your rights and obligations.
    • We are entitled to assign or license all of the rights granted to us under these terms and conditions to any third party. You shall not be entitled to assign or sublicense your rights under these terms and conditions.
    • If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these terms and conditions.
    • These terms and conditions and the documents referred to in them constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
    • These terms and conditions shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England in relation to any disputes arising under them.

These terms and conditions govern your use of the Foliio platform.  By accepting these terms and conditions, you agree to enter into a contract with Foliio Ltd of 7b Florence Road, London, England, N4 4BU, as set out below.