1. I am submitting to you herewith and under the terms and conditions stated herein the following material (hereinafter referred to as the “Material”).
  2. I acknowledge that because of your position in the entertainment industry you receive numerous solicited and unsolicited submissions of ideas, formats, stories, suggestions and the like, and that many such submissions heretofore or hereafter received by you are similar to or identical to those developed by you or your employees or to those otherwise available to you. Further, I acknowledge that you have adopted the policy, with respect to unsolicited submission of material, of refusing to accept, consider or review such material unless the person submitting such material has reviewed and agrees to terms in a form substantially the same as this. Accordingly, I acknowledge that you would refuse to accept, consider or otherwise review the Material in the absence of my acceptance of each and all provisions of these Terms (“Terms”;). I acknowledge that no fiduciary or confidential relationship now exists between you and me, and I further acknowledge that no such relationships are established between you and me by reason of these Terms or by reason of my submission to you of the Material.
  3. In consideration of your receipt of the Material, I hereby acknowledge that by submitting the Material to you, I agree to these Terms. I acknowledge that you have no obligations to me except as set forth in these Terms, and that no other obligations exist or shall exist or shall be deemed to exist. I further acknowledge that at this time you have no intent to compensate me in anyway and I have no expectation of receiving any compensation.
  4. I warrant that I am the sole owner and author of the Material and that I have full right to submit it to you upon the terms and conditions stated herein. I will indemnify you from and against any and all claims, expenses, losses or liabilities (including attorneys’ fees) that may be asserted against you or incurred by you, at any time, in connection with the Material or any use thereof, arising from any breach or alleged breach of these warranties.
  5. I acknowledge that materials developed by you may contain similarities to the Material. I hereby waive and agree that I will never make any claim or demand or bring any action against you in connection with the use of the Material. In this connection, I hereby release and absolutely and forever discharge you of and from any and all claims, damages, legal fees, costs, expenses, debts, actions and causes of action of every kind and nature whatsoever, whether now known or unknown, suspected or unsuspected, asserted or unasserted, which I now have, or at any time heretofore ever had or which I may have in the future, against you which in any way arise out of or in connection with the Material.
  6. I hereby acknowledge that I am familiar with Section 1542 of the Civil Code of the State of California, which section reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”; I hereby waive and relinquish any and all rights and benefits which I have or may have under Section 1542 of the Civil Code to the full extent that I lawfully may waive and relinquish any and all such rights and benefits.
  7. The terms and conditions of these Terms shall be interpreted and governed by California law applicable to contracts entered into and to be wholly performed in California without reference to choice of law rules. I consent to the jurisdiction and venue of the State of California in the City and County of Los Angeles. Any dispute arising hereunder shall be resolved solely through binding arbitration conducted in Los Angeles, California under and pursuant to the commercial arbitration rules of the American Arbitration Association (“AAA Rules”), as said rules may be amended from time to time with rights of discovery if requested by the arbitrator. Such rules and procedures are incorporated and made part of these Terms by reference. It is agreed that the arbitration shall be before a single arbitrator. The arbitrator shall, in his/her sole discretion, award the prevailing party in such arbitration the right to recover its reasonable attorneys’ fees and costs incurred in connection with such arbitration. The parties hereby expressly waive any and all rights to appeal, or to petition to vacate or modify, any arbitration award issued in a dispute arising out of these Terms. Each party hereby irrevocably submits to the jurisdiction of the state and federal courts for the County of Los Angeles in connection with any petition to confirm an arbitration award obtained pursuant to this Paragraph. Any award shall be final, binding, and non-appealable. The parties agree to accept service of process in accordance with AAA Rules. The arbitration will be confidential and conducted in private, and will not be open to the public or media. No matter relating to the arbitration (including but not limited to, the testimony, evidence or result) may be (i) made public in any manner or form; (ii) reported to any news agency or publisher; nor (iii) disclosed to any third party not involved in the arbitration.
  8. I have retained a copy of the Material, and I release you from any liability for loss or other damage to the copy or copies submitted by me. I understand that your returning the Material to me shall not terminate or affect any rights or obligations under these Terms. You shall have the right, but not the obligation, to retain a photocopy of the Material for your files.
  9. The words “you” or “your” in these Terms refer to Vidi Space Inc. and any parent company, any company affiliated with it by common stock ownership or otherwise, its subsidiaries, subsidiaries of such affiliates, any person, corporation or entity for which it acts as a distributor or furnishes financing, and the officers, agents, servants, employees, stockholders, licensees, successors and assigns of it and all such persons, corporations and entities referred to in this paragraph. If the Material is submitted by more than one person, the word “I” shall be deemed changed to “we” (and the corresponding verb changed to the first person plural), and these Terms will be binding jointly and severally upon all such persons.
  10. Any provision or part of any provision which is void or unenforceable shall be deemed omitted, and these Terms with such provision or part thereof omitted shall remain in full force and effect. These Terms shall at all times be construed so as to carry out the purposes stated herein.
  11. I hereby state that I have read and understand these Terms; that no oral representations of any kind have been made to me; that there are no prior or contemporaneous oral agreements in effect between us pertaining to the Material; and that these Terms states our entire understanding. By submitting the Material on this page, I agree to be bound by these Terms.