SCRIBE
CONSULTATION AND PROJECT SERVICE TERMS
This policy describes the terms during a phone, email or in person consultation (a “Consultation”) and then when you engage us for certain services (the “Services”) in connection with a project or projects (“Project(s)”). Please read this policy carefully. If you do not agree with these terms, it is your choice not to use our Services. By engaging us and by using our Services, you agree to this policy. This policy may change from time to time, and updates will be posted here, so please check the policy periodically for updates.
Your privacy is important to us
During a Consultation and throughout our Services for a Project, you will provide us with certain materials, documents and information, either verbally or in writing, in order for us to provide the Services (“Materials”). The Materials may include, without limitation, names, addresses, personal relationships, personal details, birth dates, dates of occasion, photographs, writings, ideas, concepts, suggestions, intellectual property, trademarks and other materials.
We will use best efforts to keep the Materials confidential, and to protect the Materials with the same degree of care we normally use to protect our own similar confidential information.
You Own Your Materials and the Completed Project
When we complete a Project, upon payment in full of our Service Fees, we will give you certain materials (the “Completed Project”). You shall own all right, title and interest in and to the Completed Project and any other materials or information you give us during the Consultation and until the Project is completed.
All the Materials you provide to us shall remain your exclusive property, and no interest, license or any right respecting the Confidential Information, other than set out herein, is granted to us while we provide you our Services.
We Have to Protect Ourselves a Bit Here
We work on a lot of different projects! By agreeing to share Materials during a Consultation or a Project, you recognize and accept that we may be working on other projects that may be similar or identical to the Materials or the Project, and that we may develop, created, write, produce, exploit or otherwise use a project or projects that are based, in full or in part, on such similar or identical materials, ideas, concepts, projects, actual events, stories, characters in connection with the Materials or a Project, even if such creation occurs after the Services have been delivered in full. You accept and agree that you will not be entitled to any compensation of any kind in any manner however defined for such projects, and forever disclaim any right, title and interest in those projects.
Nothing contained herein shall be deemed to create or constitute a joint venture by, or partnership or agency between us. The Services shall be governed by the laws of the State of California applicable to agreements made and wholly performed therein. All disputes which cannot be resolved in consultation between us will go to mediation based in Los Angeles, California. If a mediator cannot resolve a dispute between us, then we shall file for a final and binding arbitration under the rules, regulations and procedures of Arts Arbitration and Mediation Services (AAMS) in Los Angeles, California before a single arbitrator. Each of us will pay for our own legal fees and costs in connection with any disputes, mediation or arbitration.
You hereby release us and our officers, partners, representatives, related corporations and entities, employees, agents, licensees and assigns from any and all claims, demands and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the Materials or by reason of any claim now or hereafter regarding that you have misused or misappropriated the Materials.
We may assign the rights to any person or entity without limitation, and these rights shall inure to our benefit and our respective heirs, successors, representatives, assigns, licensees and clients.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY ASPECT OF THE SERVICES, MATERIALS OR A PROJECT, AND IN NO EVENT SHALL OUR TOTAL OBLIGATION OR LIABILITY TO YOU EXCEED THE TOTAL SERVICE FEE RECEIVED BY US ON A PROJECT, REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT HEREUNDER.