Terms of Use

Terms of Use

Present document contains the terms and conditions which are applicable upon the use of the Scriptbase. With the use of the homepage you accepts the terms of the Service provider concerning the use of the homepages www.forgatokonyvtar.hu and www.scriptbase.eu (hereinafter referred to as: Site). Service provider reserves the right to amend the terms of use unilaterally. If you do not agree to these terms and conditions, please do not use the Site. With clicking on the button „I accept”, you shall accept approvingly the present conditions.

1. Definitions


1.1 Works: The screenplays and treatments uploaded on the site irrespective of its length and genre.


1.2 Service provider: Fade In Script Produkciós és Tanácsadó Korlátolt Felelősségű Társaság (1075 Budapest, Rumbach Sebestyén utca 12. B. lház. 5. em. 1., Company reg.no.: 01 09 723378), Service provider shall be considered as hosting service provider according to clause 2. § lb) of act CVIII of 2001 on certain issues of electronic commerce services and information society services.


1.3 Basic user: Each user uploading screenplay or treatment in the Screenplays section, the screenplays and treatments in this section are available for every visitor. The basic users are entitled to view the works and user data being in the normal Screenplays section, comment the screenplays, write professional reviews, upload screenplays, but are not entitled to view the works being in Premium section.


1.4 Premium user: Users with professional registration: Production companies, agencies, film professionals entitled to upload screenplays and search amongst the works in the Premium section. Also, each user, whose screenplay was transferred to the Premium section according to the evaluations of the users or the professional decision of the Site’s editors. The screenplays in this section are available for users with professional registration. The users in Premium section become entitled to the rights of the basic users and to view the works in the Premium section.


2. Services


2.1 Service provider declares that is provides the services detailed in present clause for the visitors of the Site. Service provider reserves the right to amend the scope of the detailed services, of which it shall notify the visitors 15 days before the modification on the main page of the Site.


2.2 On-line script-storage


2.2.1 The aim of the site is to create a screenplay marketplace for Hungarian and foreign scriptwriters, for this purpose each user are entitled to upload his/her screenplay or treatment on the site with the basic information set forth below:

- writer’s name;

- title of the work;

- year of publishing;

- genre;

- status of development;

- logline


2.2.2 The registered users have a separate profile on which the following obligatory and optional data are listed:

- name;

- photo;

- nationality;

- biography;

- references;

- profession;

- favourite genres


2.2.3 At the registration the user is obliged to give the real data connecting to him/her. In case Service provider becomes aware that the scope of data given by user contains not real elements (as well), is entitled to restrict the access of the User giving false data wholly or partly or terminate the access. User shall notify Service provider upon the modification of any personal data within 15 days.


2.2.4 Service provider shall create a searchable registration on the works uploaded and the user data. Service provider shall make the telephone number or e-mail address of the User available for the enquirers upon their demand. Users and visitors acknowledge that in case any agreement for audiovisual adaptation shall be concluded between the user and any visitor demanding the data of the User of the site, Service provider shall be entitled to a commission detailed in clause 5.3. Users are entitled to review the works.


2.3 Screenplay Agent activity


Service provider is entitled – according to the authorization of the users – to transmit the works for audiovisual adaptation to production companies, agencies against a commission of 10%. Service provider and User shall ascertain the conditions of present transmission in a separate written agreement.


2.4 The use of the Site can be available with the following registrations:


All registration is free of charge, the Users don't have to pay for the uploading of the works.


2.4.1 Basic registration

Basic members are enabled to upload their screenplays in the basic Screenplays section is free of charge, no additional or hidden charges apply. The screenplays and treatments in this section are available for every visitor. The basic users are entitled to view the works and user data being in the normal Screenplays section, comment the screenplays, write professional reviews, upload screenplays, but are not entitled to view the works being in Premium section.


2.4.2 Premium registration

Users with professional registration: Production companies, agencies, film professionals entitled to upload screenplays and search amongst the works in the Premium section. Also, each user, whose screenplay was transferred to the Premium section according to the evaluations of the users or the professional decision of the Site’s editors. The screenplays in this section are available for users with professional registration. The users in Premium section become entitled to the rights of the basic users and to view the works in the Premium section.

 

2.4.3 Premium Section

Any project can be relocated here according to the evaluations of the users or on discretion of the operators of the Site, in which case it is free of charge and it is only ever done with the agreement of the author. Users can also pay the amount of 300 Euros/year/work if they want their projects in the Premium Section without previous assessment. Anyone using the Script Consultation service may request their work to be put into the Premium Section, which depends on the evaluation of the work. If based on the analysis the total assessed point value of the screenplay is higher than 80%, the script gets into the Premium Section, if the author so wishes.

 


3. Warranties


3.1 Upon the uploading of the screenplays and treatments the Users declare that the works are their exclusive copyright work, or in case of co-authorship they are entitled to upload the works according to the authorization of the other co-authors, and they are obliged to make every reasonable protection measures to prove the status of authorship, especially including the registration at common right management societies or at other authorized institute, Service provider declares that in case of an occasional litigation, the date of the uploading on the site shall not prove solely the authorship.


3.2 Service provider reserves the right to remove the screenplays and treatments immediately from the homepage in case it shall be notified about the unlawful nature of the works according to the Act CVIII of 2001 on certain issues of electronic commerce services and information society services (hereinafter referred to as: E-commerce Act).


3.3 According to the notice of rightholder in the form of a private document with full probative force or a notarised deed, the service provider shall remove the unlawful work without any deliberation.


3.4 The notice shall contain the following:

a) the subject of the infringement and the establishment of the facts that provide reasonable cause to believe that infringement has taken place;

b) the data needed to identify the unlawful work;

c) the name, address of residence or head office, phone number and electronic mail address of the rightholder.

d) the authorisation for representation in case rightholder shall act via authorized representative.


3.5 The Service provider shall arrange for the removal of the work identified in the notice, within 12 hours of receiving the notice, specifying the rightholder whose right was infringed based on the notice; and shall concurrently give written notice to the affected recipient of the service who had provided the information that infringes the right of the rightholder (hereinafter: “affected recipient of the service”) within three working days. The Service provider shall refuse the removal, if the Service provider has already previously taken the measures in relation to the same work based on the notice of the same rightholder, unless the removal of the work was ordered by a court or authority.


3.6 Within 8 days of receiving the notice the affected recipient of the service may lodge an objection with the Service provider, in the form of a private document with full probative force or a notarised deed, regarding the removal of the relevant information according to clause 13. § section (6) of the E-commerce Act.


3.7 Upon receiving the objection specified in clause 3.6 the Service provider shall expeditiously make the relevant information accessible again and notify the rightholder thereof by sending the objection to the rightholder, unless the removal of, or disabling access to the information was ordered by a court or authority.


3.8 Should the rightholder enforce his claim related to the infringement of right specified in the notice within 10 working days after receiving the notice detailed in clause 3.7 through a request of injunction for abandonment and prohibition or an order of payment or file a criminal report with the police, within 12 hours of receiving the court decision ordering interim measures to that effect, the Service provider shall once again remove the work identified in the notice under clause 3.4. The Service provider shall notify the affected recipient of the service of the measure that it has taken within one working day by supplying a copy of the court decision.


4. Obligations of User during the use of the Site


4.1 With the use of the Site and the services the User declares that his/her activity is corresponding to the applicable laws. User acknowledges and accepts that Service provider is entitled to control the Site and the Works continuously and to supply information for third persons for the adequate operation of the Site.

4.2 Each User may have only one User-profile

4.3 While using the Site, User agrees not to:

- Restrict any other user from using the Site;

- Transmit any content or information that is unlawful, harmful, defamatory, vulgar, obscene, or otherwise objectionable content, or infringes intellectual property or other rights;

- Transmit any material that contains a virus, worm, spyware or other harmful or disruptive component;

- Modify, copy, the works available on the Site or use in a manner infringing copyrights, other than reading, viewing, printing for private purposes and reviewing it.

- Do any act which interferes with or slows the operation of the Site or the Services;

4.4 While reviewing the works User agrees not to:


  • Scold and call other users with vulgar remarks. Comments which are offending, degrading other users;

  • Mention other’s religious conviction, ethnical or other groups or present information suitable for criticism, hatred, intimidation;

  • Appear commercial advertisements. Commercial advertisements are the comments advertising goods, services, website, job or companies;

  • Appear unlawful comments. The presentation of the information shall be deemed unlawful, in case it conflicts with the Hungarian law in force of the appearance or urges to do unlawful acts/crime.


Service provider shall bear no liability for the reality of the comments; however in case a comment offends its own or others rightful and respectable interest, or the public interest, it can delete the comment without any reason.


5. The manner of use


5.1 The copyrights of the works uploaded on the Site shall invariably belong to the author after the uploading, Service provider is not entitled to use the works otherwise than providing the server and systematizing the works.


5.2 The visitors of the Site are entitled to make copy for private purposes of the work without any payment of license fee in case it does not conflicts with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the rights holder, corresponds to the requirements of righteousness and its purpose is not against the free exploitation. Every exploitation beyond the above mentioned shall be subject of a written agreement with the author, or in absence of this, it can result in consequences of civil or criminal law.


5.3 In case any third person transmitted by or independent from Service provider concludes exclusive agreement for audiovisual adaptation with the author, the work shall be transferred in inactive status. The author shall notify the Service provider in writing about the fact of the conclusion of the agreement for audiovisual adaptation with the following data: name of the contracting party, seat, territorial and temporal force of the agreement, manners of exploitation, OR the copy of the agreement certified by a notary public in case the author and the user of the screenplay have contacted through the Site. From the date of the notification the basic data, the short content of the work, and the fact of the purchase shall be available on the Site. In case the author (including the company or other legal entity acting on behalf of the author) and the representative of the user of the screenplay have contacted through the Site, for the transmission Service provider shall be entitled to a commission of 10% of the whole net remuneration determined in the agreement, Services provider shall issue an invoice on this sum within 10 days following the notification of the conclusion of the agreement. In case of failure of the settlement Service provider is entitled to enforce its claim legally. Remunerations in foreign currencies shall be converted according to the middle-rate of the Hungarian National Bank being in force on the day of the invoicing. If the agreement for audiovisual adaptation of present clause shall cease and the rights of exploitation shall revert to screenwriter, the author shall notify the Service provider in writing, who shall put the work back on the homepage free. Non-exclusive agreement for audiovisual adaptation and other agreements not affecting the rights of audiovisual adaptation (e.g. publishing agreements, agreements for stage adaptation) shall not affect the status of the work. According present clause net remuneration is the part of the remuneration reduced with the taxes and other costs.


5.4 Service provider declares that it is obliged to publish only works belonging to the scope of activity of the Site (screenplays, treatments, synopses), in case of different works it is entitled to refuse the publishing.


5.5 With regards to competitions organized by Service Provider and published on the Site Service Provider reserves the right to withhold the prize without any elaboration.

 

5.6 User acknowledges to upload the works exclusively on his/her own risk, concerning the occasional infringements of copyrights Service provider shall exclude its liability.


6. Rules of privacy


6.1 During the operation of the Site, Service provider shall control the following user data:


Basic-user:


first name

last name

username

password

birth date

gender

e-mail

phone

nationality

country

city

zip

mailing address

billing address

biography

photo


Premium-user:


profession

first name

last name

company name

password

e-mail

phone

country

city

zip

mailing address

billing address

references

 

6.2 These data are essential for the identification, the contacting and the billing.


6.3 The purpose of the data control is the adequate identification of the users, the visitors of the Site can know the data (except phone and e-mail address), the period of the controlling shall last until the user-status exists, the data shall be forwarded to any third person to the extent necessary for the contacting with the User.


6.4 Irrespective of the data carrier or the manner of data transfer, personal data can be transferred to data controller or data processor of a third country in case the data subject has given his/her explicit consent or is provided for by an Act and the adequate level of protection of the personal data in the third country is ensured during the controlling or technical processing of the transferred data. Any transfer to the European Economic Community shall be deemed as a transfer in Hungary.


6.5 The courts, the public prosecutor and the investigating authorities can ask the Service provider for disclosing data, or putting documents at them disposal.


6.6 Data of data controller:

Name: Fade In Script Produkciós és Tanácsadó Korlátolt Felelősségű Társaság

Address: 1075 Budapest, Rumbach Sebestyén utca 12. B. lház. 5. em. 1.

Phone: +36-1-327-0006.

E-mail: info@fadein.eu

Company reg.number: 01 09 723378

Identity number of the data controlling registry: 02869-0001

Representative: Balázs Lovas managing director


6.7 The data subject may ask information on the controlling of the data and ask the correction and deleting of the data.


6.8. Upon request of the data subject, the Service provider, as data controller gives information on the data controlled by it, the purpose, legal reason, period of data control, name, address of the data processor and of the persons who got or shall get the data and about its purposes. The data controller shall give the information in writing and in an understandable form as soon as possible, but not later than within 30 days following the submit of the request. This information is free of charge, in case the requester has not submitted in the same year any request for information concerning the same area. In other cases the Service provider can determine allowance.


6.9 Service provider shall delete the personal data, in case the control of it is unlawful, the data subject asks it, the purpose of the data control ceased, the period of data storing determined in any act has elapsed or court or the ombudsman ordered it.


6.10 Service provider shall notify the data subject on the correction and the deleting, and all other persons to whom the data were previously transferred for data control. The notification can be omitted, in case it does not offend the interest of the data subject concerning the purpose of the data control.


7. Applicable law


Concerning any matter not regulated by present terms the law of the Hungarian Republic shall be applicable. In case of any legal dispute deriving form the use of the Site or the services, the courts of Hungary have exclusive jurisdiction.


Budapest, 15.02.2009

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