Terms of Service
We at Reupp have built a platform for creating stories with the purpose of market research, to aid creators of story-based entertainment to better know what their customers want. Our users create their ultimate story based on what has inspired them in the past, or drawing on their own original work. Not only are we taking the opinion data of our users and getting it in front of content producers, we also will negotiate with anyone looking to option the stories created on Reupp to reproduce in a different format.
While we do look to create original productions based on Reupp shows, the main purpose of our site is market research. Every story on Reupp remains the property of the user who uploaded it until contact is made from an interested third party to buy the rights to production. If and only if a sale is agree upon, ownership of the show will split between Reupp Inc (in the form of a 5% negotiation fee), the show’s creator on Reupp.com, and the distributor who buys the rights to produce the original content. If the show’s creator on Reupp.com does not wish to sell, Reupp will cancel the deal and the ownership remains with the show’s creator.
The stuff below is meant to sound harsh, it’s just the nature of legal speak. Better safe than sorry ¯\_(ツ)_/¯ If you have any questions about any of this please contact us, we’d love to hear from you!
Now the rest:
1. Licenses to Users
- The Company hereby grants to Premium Creators (as defined herein), a non-revocable, assignable, exclusive license to use the marketing and opinion data deliveredy by Company (“Market Research Reports”). As used herein, a “Premium Creator” means a paying User that receives certain marketing and opinion data from the Company as it related to the content it uploads to the Website for user critique.
User may not circumvent any technological measures or features of the Website that are intended to or effectively control access to the Website, or any other protected content or information included on the Website. The Website may contain robot exclusion headers. User agrees to not use any robot, spider, crawler, scraper or other automated means to access the Website for any purpose without the Company’s express prior written consent. User further agrees to not (i) take any action that imposes or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Website’s infrastructure; s(ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures the Website may use to prevent or restrict access to the Website. The Company reserves the right to refuse the use of or access to the Website for any User for any reason in the Company’s sole discretion.
4. Intellectual Property Ownership
- Creator hereby grants to the Company a non-exclusive, revocable, worldwide, royalty free license to publish and display the story content contributed by a Creator (“Creator Content”), such as image-based or video-based story trailers, characters, settings and plot points, or any derivative works thereof on the Website. Such license shall be deemed granted as of the moment of upload without the necessity of any further action on the part of either party. Creator represents and warrants to the Company with respect to the Creator Content that the Creator Content, and the license of rights in and to the Creator Content, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party, and that posting any Creator Content will not violate any applicable laws, rules, or regulations.
- By submitting Content, User agrees to Company and its agencies use of his or her submissions of content to the Website for advertising and promotional purposes without additional compensation, unless prohibited by law.
- The Company makes no representations or warranties with respect to the reliability or performance of the Website, and will not be liable to anyone for losses, damages, liabilities, settlements, causes of actions, or other claims arising out of or due to the use of the Website. User waives any such claims it may have against the Company for access to or the use of the Website.
5. Links to Other Websites
The Website may contain links to other websites (“Linked Websites”). The Linked Websites are provided for User’s convenience and information only and, as such, User accesses them at its own risk. User agrees and acknowledges that the Company is not responsible for, and does not endorse, the content of or anything that may be delivered to User or User’s computer as a result of accessing any Linked Websites, whether or not the Company is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, the Company is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing a Linked Website.
6. No Assignment
7. Interruptions to the Website
If an Accepted Story is not selected by Reupp for production within nine months of initially launching on the “Dashboard” page of the Site, the Accepted Story Submitter has the option to, within one week of the aforementioned nine month deadline, acquire ownership from Reupp of all Intellectual Property Rights in the commercialized version of the Accepted Story Idea, in return for paying Reupp 5% of all revenues generated from such Intellectual Property Rights in perpetuity, and losing all accrued Influence concerning the Accepted Story. If the Story Submitter exercises the aforementioned option, Reupp shall receive a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, fully transferable license from the acquirer of the Intellectual Property Rights to use such Intellectual Property Rights in Reupp’s business, but not to develop pitches that compete with the acquired commercialized version of the Accepted Story. The foregoing acquisition of Intellectual Property Rights shall be contingent upon the acquirer signing Reupp’s standard intellectual property assignment and license agreement memorializing the foregoing terms. All net revenues, less associated costs such as, without limitation, attorney fees, actually received by Reupp in connection with the foregoing option shall be included with Product Sales Revenue when determining payments to Users under the above section titled “Payments by the Company to Users.”
8. Removal of Content
9. Notification of Potential Infringement
- If any User believes its copyright, trademark or other property rights have been infringed by any Content included or posted on the Website, User should immediately send a notification to the Company’s designated agent (“Designated Agent”), as identified below. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit the Company to locate the material;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), the Company’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be:
- User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, the Company may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
10. Representations, Warranties, and Covenants
- User is the age of majority in their jurisdiction and have the power to enter into binding contracts and not be not barred from doing so.
- User has all rights, title and interest, including all copyright rights and other intellectual property rights, in and to the Content it submits or posts.
- User shall not knowingly submit any information that is false or misleading, including any Content with any false or misleading information.
- User shall not use its account to breach the security or gain access to the account of any other User.
- If any graphical Content includes any persons, or the likeness or image of any person, User has obtained the written consent of each such person to the display of the person’s likeness or image in the graphic, including a waiver of all applicable publicity rights, and delivered a copy of such consent to the Company.
- There is no claim, litigation or proceeding pending or threatened with respect to the Content submitted by User.
- User shall not disclose any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- User shall not use the Website to post or transmit unsolicited email or spam to any other party, including other Users.
11. Confidential Information
12. No Warranty
13. Limitation of Liability
- WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
- WITHOUT LIMITING THE FOREGOING, USER ACKNOWLEDGES AND AGREES THAT THE COMPANY DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE WEBSITE AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USER’S OR OTHER THIRD PARTIES’ CONNECTIONS TO THE INTERNET, OR PORTIONS OF THE INTERNET. ALTHOUGH THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, THE COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
17. Proprietary and Other Notices
If to User:
At User’s street address or e-mail maintained by the Company.
If to the Company:
- Content means all data and content, including without limitation, all photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, and narratives submitted by Users to the Website.