This submission agreement (the “Agreement”) is a binding agreement between
BOOSTYOURFILM SAS (“BOOSTYOURFILM”, “we” or “us”) and you or, if
applicable, the individual, company or other legal entity you represent (“you”). This
Agreement includes the terms of the BOOSTYOURFILM User Conditions, which also
contains limitations of liability, governing law and other provisions relevant to all of
your activities under this Agreement. This Agreement sets forth our submission
policies for any screenplay, video, or other content (“Content”) that you submit to
BOOSTYOURFILM using the content submission tool we provide on
boostyourfilm.com or another portal we designate (« BOOSTYOURFILM”).
You accept the terms of this Agreement by clicking to confirm acceptance or by
contributing Content to BOOSTYOURFILM. If you are entering into this Agreement
on behalf of a company or other legal entity, you represent that you have the legal
authority to bind that company or legal entity to this Agreement. If you do not have
the authority, or if you do not agree with the terms of this Agreement, you must not
confirm acceptance and you may not submit Content to BOOSTYOURFILM.
2. Purpose of Agreement
In this Agreement, you grant us rights to display, use, modify and distribute Content
on BOOSTYOURFILM. This Agreement does not grant us rights to create a
television series, movie, or other work based on your Submission. The specific rights
you grant to us depend on whether you submit your Content to us for private review
as a “Private Submission” or for public review as a “Public Submission”:
2.1. A “Submission” is content, like an original screenplay that is wholly new to
BOOSTYOURFILM when it is submitted. A Submission can be based on or contain
elements of a public domain work, but that work must be public domain in all
countries worldwide, and only your original contributions (like new dialogue you
create) will be considered your Submission, not any element from the public domain
work. A Submission you submit to us is for public review using a tool we provide to
you on BOOSTYOURFILM for doing so.
3. Authority to Enter Into this Agreement
In order for BOOSTYOURFILM to function well, it’s crucial that you have the right to
enter into this Agreement and to grant us all of the rights described in this Agreement:
3.1 You represent and warrant that you are at least 18 years old (or the age of
majority where you reside, whichever is older), can form a legally binding contract by
accepting a contract online (without exchange of paper), and have the full right,
power and authority to enter into and comply with your obligations under this
3.2 You acknowledge that your activities on BOOSTYOURFILM, including those
under this Agreement, are subject to the terms of the Account Agreement and you
represent and warrant that you are in compliance with the terms of the Account
3.3. If you submit a Submission to BOOSTYOURFILM, you represent and warrant
that you are legally entitled to do so because:
3.3.1 you are the sole author or creator of the Submission (for example, you are
contributing an original screenplay you have written completely on your own); or
3.3.2 you are the sole holder of rights in the Submission because all rights in the
Submission have been assigned or transferred to you (for example, you are
contributing a concept video you created and all talent who helped you create the
concept video assigned all their rights to you).
4. Representations, Warranties and Covenants
You further represent and warrant the following with respect to any Submission you
4.1 you have obtained all rights of publicity to any cast members or other individuals
appearing in your Content;
4.2 you have obtained all rights necessary to use any music in your Content and are
in compliance with all licenses to use the music in your Content;
4.3 you have obtained all rights necessary to use the locations or premises in your
4.4 you have obtained all rights necessary to use any images or footage
recognizable in your Content and are in compliance with all licenses to use such
images and footage;
4.5 neither your Content nor the exercise of the rights you grant in this Agreement will
infringe or violate any copyrights, contract rights, rights of privacy or other rights of
any person or defame any person;
4.6 if your Content is based in whole or in part on the life of any real person, you will
identify that during the submission process using the means we provide for doing so;
4.7 our exercise of the rights you grant under this Agreement will not give rise to any
obligation to pay you or any third party any royalty or other payment;
4.8 if your Content is appropriate only for viewers 17 and older, you will identify the
Content as such during the process using the means we provide for doing so;
4.9 your Content is free and clear of any pending or threatened litigation; and
4.10 your Content complies with this Agreement, the Conditions of Use posted on
BOOSTYOURFILM (“Conditions of Use”)
5. Grant of Rights from You to BOOSTYOURFILM for Original Properties
5.1. Submissions. The following provisions apply to any Submission you submit to
5.2. Review. Your submission will be subject to review by us. You grant us the right to
review and consider your Submission and, in connection therewith, share the
Submission with our subcontractors engaged in review and, together with our
subcontractors, annotate your Submission.
5.3. Our Rights to Distribute Your Submission. You grant us a worldwide, royalty-free,
non-terminable, sub-licensable, transferable right to copy, transfer, stream, make
available for download, add captions and make other distribution-related
modifications to your Public Submission as we desire to facilitate such distribution.
6. Profile Information.
For all Submissions, you grant to us the right to use profile information you submit on
7. Similar Content
Given the open nature of BOOSTYOURFILM, BOOSTYOURFILM participants may
develop and submit scripts, movies, shows, and videos that are similar to each other.
In order to prevent legal claims that could be disruptive to BOOSTYOURFILM
participants and impede the ability of BOOSTYOURFILM scripts, movies, shows and
videos to be developed and released, you agree to irrevocably and forever waive any
legal claim you may have under any theory of law in any territory, including, without
limitation, copyright infringement or breach of implied in fact contract (idea
submission), that your rights were infringed due to any similarity between your
Content and any other content that is or may become available on
BOOSTYOURFILM, unless there is substantial similarity of protectable expression
under United States copyright law between your Content and the other content and
the other content includes a verbatim copy of a material portion of your script or other
written material, if your Content is a script or other written material, or a re-use of a
material portion of footage from your movie, show or other video if your Content is a
movie, show, or other video. Note that the Account Agreement includes additional
waivers of claims related to Content that apply to the BOOSTYOURFILM Parties, as
defined in Section 11.4 below.
8. No Obligation to Make Available or Use.
We have no obligation to make any Content available on BOOSTYOURFILM or to
otherwise use it in any way. If we make any Content available on BOOSTYOURFILM
or otherwise commence exploitation, we may remove it from BOOSTYOURFILM and
cease further exploitation at any time in our sole discretion.
You will have no right to compensation in connection with the exploitation of rights
you grant under this Agreement.
10. Cumulative Rights
All rights you grant under this Agreement are cumulative and we may exercise or
refrain from exercising any one or more of them separately from, simultaneously and/
or in connection with any other rights you grant us or with any rights we obtain from
other sources. In addition, if any grant of exclusive rights you make to us is deemed
invalid or to be less than exclusive, we will, nonetheless, have a non-exclusive
license to use the Content as authorized in this Agreement to the fullest extent
permissible under law.
11.1. Relationship of the Parties. You will perform under this Agreement as an
independent contractor of BOOSTYOURFILM. Nothing in this agreement will be
deemed to constitute a joint venture or partnership between the parties. Neither party
will have the right to bind the other in any manner.
11.2. Affiliates. All rights you grant to us may be exercised by us or by any of our
affiliates, subcontractors or sublicensees.
11.3. Assignment. You will not assign any part or all of this Agreement without our
prior written consent. Any attempt to assign in violation of this section is void in each
instance. We may assign any or all of our rights or obligations under this Agreement
to any party, and the assignment will be deemed a novation under law forever
releasing BOOSTYOURFILM from any and all obligations and liabilities under this
11.4. No Responsibility for Third-Party Actions. You acknowledge that, if submitted to
BOOSTYOURFILM, your Content is freely available for download without copy
protection. In no event will BOOSTYOURFILM or any of its licensees, its
sublicensees, its distributors, its producers, any party to which it assigns any of its
rights hereunder, or its or their affiliates, successors or assigns, or any of their
directors, officers, members, shareholders, employees, associates, agents or
representatives (collectively, the “BOOSTYOURFILM Parties”) be responsible for any
reproduction, display, modification, or use of your Content or any portion thereof by
you or any third party.
11.5. Remedies and Interpretation. All remedies will be cumulative and pursuit of any
one will not waive any other. Captions and headings are for convenience only and
will not be used to construe meaning.