ScriptLadder™ Service Agreement

PLEASE READ THIS LEGALLY BINDING AND IMPORTANT Scriptladder>™ SERVICE AGREEMENT (THIS "AGREEMENT") AND THE PRIVACY POLICY (THE "PRIVACY POLICY") CAREFULLY BEFORE CONTINUING REGISTRATION. BY CLICKING THE "I ACCEPT" BUTTON OR OTHERWISE ACCEPTING THIS  AGREEMENT THROUGH A PRICING PLAN THAT INCORPORATES THIS AGREEMENT (THE "PRICING PLAN"), YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND, IN SUCH EVENT, "YOU" AND "YOUR" AS USED IN THIS AGREEMENT SHALL REFER TO SUCH ENTITY, IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS. THESE TERMS APPLY TO ALL USERS IN THE PRICING PLAN, EVEN TRIAL OR FREE MEMBERSHIP WHERE NO FEE IS COLLECTED.

IN THIS AGREEMENT, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICES.

1.0       Definitions

"You" and "your" refers to the individual or entity that has ordered software as a service from High Point Software, Inc. ("High Point") or an authorized distributor by using the Services as per the Pricing Plan that accompanies and incorporates this ScriptLadder™ Service Agreement (collectively, the "agreement"). Services consist of offering the ScriptLadder™, LiveScript™ and SmartCast™ services, account administration, technical support and system monitoring activities that High Point performs in order to maximize the website functionality which includes data analysis, social collaboration and visual presentation of scripts, ideas and stories, as well as any other services you agree to accept that are offered by High Point from time to time (collectively, the "services"). The term "program documentation" refers to the program user manual as well as any other materials

The term "users" shall mean users authorized by you or on your behalf to use the services, as defined in the Pricing Plan. Once registered, each individual person becomes a "user" or "Member".  The term "your data" refers to the data provided by you that resides in your script, screenplay or other numbers, texts or symbols you enter into the services.

2.0. Applicability of Agreement

This software as a service agreement is valid for the Pricing Plan which this agreement accompanies.

3.0 Rights Granted

Upon High Point’s acceptance of your order and for the duration of the services term defined in the Pricing Plan, you have the nonexclusive, non-assignable, royalty free, worldwide limited right to use the services solely for your internal business operations and subject to the terms of the agreement. You may allow your users to use the services for this purpose and you are responsible for your users’ compliance with the agreement. The services are provided as described in, and subject to, the services policies referenced in the Pricing Plan.

You acknowledge that High Point has no delivery obligation and will not ship copies of the High Point programs to you as part of the services. You agree that you do not acquire under the agreement any license to use the High Point programs specified in the Pricing Plan in excess of the scope, duration or both, of the services. Upon the end of the agreement or the services thereunder, your right to access or use the High Point programs specified in the Pricing Plan and the services shall terminate. You many only use your output sheets for the specific data (e.g., scripts, screen plays, etc.) you provided and no title or license is given for you to apply the services to other data.

4.0 Ownership and Restrictions

You retain all ownership and intellectual property rights in and to your data. High Point or its licensors retain all ownership and intellectual property rights to the services and High Point programs. High Point retains all ownership and intellectual property rights to anything developed and delivered under the agreement.

Third party technology that may be appropriate or necessary for use with some High Point programs is specified in the High Point website,  documentation or Pricing Plan as applicable. Your right to use such third party technology is governed by the terms of the third party technology license agreement specified by High Point and not under the agreement.

You agree not to:

4.1 remove or modify any markings or any notice of High Point’s or its licensors’ proprietary rights (for example, notice of copyright, trademark, patents, patent pending or confidential designations);

4.2 make the programs or materials resulting from the services available in any manner to any third party for use in the third party’s business operations

4.3 modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services including, but not limited to, algorithms, data structures, wire frame data layouts, or similar output of the services or act as a service bureau, outsourcer, application service provider or assist any third party in using High Point services that may compete directly or indirectly with High Point; and

4.4 license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the services, High Point programs or materials available, to any third party other than, as expressly permitted under the terms of the agreement.

The rights granted to you under the agreement are also conditioned on the following:

4.5 the rights of any user licensed to use the services are strictly on a named user basis and cannot be shared or used by more than one individual;

4.6 except as expressly provided herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and

4.7 you agree to make every reasonable effort to notify us and prevent unauthorized third parties from accessing the services, or to notify us of any breach that would permit unauthorized users to access the services.

4.8 you agree that any feedback, suggestion or improvements on the service ("Feedback") are the exclusive property, and by disclosing such Feedback, you transfer all right title and interest you may have to such Feedback to High Point.

5.0 Warranties, Disclaimers and Exclusive Remedies

High Point warrants that the services will substantially perform in accordance with the service description. If the services provided to you for any given month during the services term were not performed as warranted, you must provide written notice to High Point within five business days of the failure to perform.

HIGH POINT DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT HIGH POINT WILL CORRECT ALL SERVICES ERRORS. YOU ACKNOWLEDGE THAT HIGH POINT DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. HIGH POINT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. HIGH POINT IS NOT RESPONSIBLE FOR ANY DATA CORRUPTION OR LOSS AND YOU ARE RESPONSIBLE TO MAINTAIN COPIES OF YOUR INPUT DATA.

HIGH POINT SPECIFICALLY DISCLAIMS ANY WARRANTIES THAT YOUR SCRIPT WRITING ACTIVITIES AND THE USE OF THE SERVICE ALONG OR IN COMBINATION WITH OTHER SERVICES, WILL NOT INFRINGE UPON THIRD PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO THE SCRIPT AUTHOR'S RIGHTS.

 

FOR ANY BREACH OF THE ABOVE WARRANTIES, HIGH POINT WILL REMIT A SERVICES FEE CREDIT TO YOU EQUAL TO ONE MONTH'S USE OF THE SERVICE OR PERMIT CONTINUED USE FOR ONE MONTH IN THE CASE OF A FREE MEMBERSHIP.

TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING, BUT NOT LIMITED TO SERVICES, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY QUALITY, PROR DEALINGS, THAT HIGH POINT HAS THE RIGHT TO USE THE INTELLECTUAL PROPERTY IN CONNECTION WITH THE SERVICE, INDSUTRY STANDARDS AND FITNESS FOR A PARTICULAR PURPOSE.

6.0 Disclaimer for Alpha, Beta, Evaluation and Trial Use of the Services

You may be invited to participate in the High Point Alpha release, or Beta release of any goods, services, software or functionality offering in future versions of the services.You agree to report your user experience to us pursuant to the Alpha or Beta program terms and agree to keep such Feedback confidential.  You may use certain services for Alpha, Beta, trial, evaluation, nonproduction purposes subject to the terms and conditions of the agreement. Services acquired for trial purposes are provided "as is" and High Point does not offer any warranties for such services.

7.0 Indemnification

Any information, design, specification, instruction, software, service, data, hardware, content or material ("Material"), is subject to and if a third party makes a claim against either you or High Point ("Recipient" which may refer to you or High Point depending upon which party received the Material), for Material furnished by either you or High Point ("Provider" which may refer to you or High Point depending on which party provided the Material), and used by the Recipient infringes its intellectual property rights, the Provider, at its sole cost and expense, will defend the Recipient against the claim and indemnify the Recipient from the damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement or the settlement agreed to by the Provider, if the Recipient does the following:

7.1 notifies the Provider promptly in writing, not later than 30 days after the Recipient receives notice of the claim (or sooner if required by applicable law);

7.2 gives the Provider sole control of the defense and any settlement negotiations; and

7.3 gives the Provider the information, authority, and assistance the Provider needs to defend against or settle the claim.

If the Provider believes or it is determined that any of the Material may have violated a third party’s intellectual property rights, the Provider may choose to either modify the Material to be non-infringing (while substantially preserving its utility or functionality) or obtain a license to allow for continued use, or if these alternatives are not commercially reasonable, the Provider may end the license for, and require return of, the applicable Material and refund any unused, prepaid fees the Recipient may have paid to the other party for such Material. If such return materially affects High Point’s ability to meet its obligations under the relevant order, then High Point may, at its option and upon 30 days prior written notice, terminate the order. The Provider will not indemnify the Recipient if the Recipient alters the Material or uses it outside the scope of use identified in the Provider’s user documentation or services policies or if the Recipient uses a version of the Materials which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Material which was provided to the Recipient. The Provider will not indemnify the Recipient to the extent that an infringement claim is based upon (i) any information, design, specification, instruction, software, data, or material not furnished by the Provider, or (ii) any Material from a third party portal or other external source that is accessible to you within or from the service (e.g., a third party Web page accessed via a hyperlink). High Point will not indemnify you to the extent that an infringement claim is based upon the combination of any Material with any products or services not provided by High Point. High Point will not indemnify you for infringement caused by your actions against any third party if the services as delivered to you and used in accordance with the terms of the agreement would not otherwise infringe any third party intellectual property rights. High Point will not indemnify you for any infringement claim that is based on: (1) a patent that you were made aware of prior to the effective date of the agreement (pursuant to a claim, demand, or notice); or (2) your actions prior to the effective date of the agreement. This section provides the parties’ exclusive remedy for any infringement claims or damages.

8.0 Support Services; Breach; Effect of Termination and Renewals

Support services provided under the agreement are specified as follows:

Email and telephone support; Hours: Monday through Friday from 9 a.m. to 5 p.m. Pacific Standard Time.Mail and phone support is not available on any official holidays of the United States.

Services provided under this software as a service agreement shall be provided for a term specified in the Pricing Plan, unless earlier terminated in accordance with the agreement. The term of the services and any renewal period are collectively defined as the "services term." At the end of the services term, all rights to access or use the services shall end.

If either of us breaches a material term of the agreement and fails to correct the breach within 30 days of written specification of the breach, then the breaching party is in default and the non-breaching party may terminate the agreement.

You agree that if you are in default under the agreement, you may not use the services ordered, High Point may immediately suspend your password, account, and access to or use of the services (i) if you fail to pay High Point as required under the agreement and do not cure within the first ten days of the 30 day cure period, or (ii) if you violate any provision within sections 3.0, 4.0, 13.0 or 17.0 of this software as a service agreement. High Point may terminate the services hereunder if any of the foregoing is not cured within 30 days after High Point’s initial notice thereof. Any suspension by High Point of the services under this paragraph shall not excuse you from your obligation to make payment(s) under the agreement.

 At your request, and for a period of up to 60 days after the termination of the applicable Pricing Plan, High Point may permit you to access the services solely to the extent necessary for you to retrieve a file of your data then in the services environment. You agree and acknowledge that High Point has no obligation to retain your data and that your data may be irretrievably deleted after 60 days following the termination of the term paid for from your selected Pricing Plan. If a credit or debit card transaction fails to clear because of expiration or reissue; your account will be deactivate in 14 days from the date the transaction failed to clear; you may still retrieve your data for 60 days, from the date the transaction failed to clear. You are not entitled to a refund for unused service if you stop actively using the service or terminate prior to the end of the Pricing Plan you selected. Your continued use of the service at the end of the Pricing Plan or renewal of a subscription to the service is acceptance of the current Pricing Plan in effect at time of subscription.

Provisions that survive termination or expiration of the agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive.

9.0. Fees and Taxes

You agree to pay for all services ordered as set forth in the applicable Pricing Plan. All fees due under the agreement are non-cancelable and the sums paid nonrefundable. You agree to pay any sales, value-added or other similar taxes imposed by applicable law that High Point must pay based on the services you ordered, except for taxes based on High Point’s income. You will reimburse High Point for reasonable expenses related to providing any on-site portion of the services. Fees for services listed in an Pricing Plan are exclusive of taxes and expenses. All amounts invoiced hereunder are due and payable within 30 days of the date of the invoice.

You agree that you have not relied on the future availability of any services, programs or updates in entering into the payment obligations in the Pricing Plan; however, the preceding does not relieve High Point of its obligation to deliver services that you have ordered per the terms of the agreement.

10.0 Nondisclosure

By virtue of the agreement, the parties may have access to information that is confidential to one another ("confidential information"). We each agree to disclose only information that is required for the performance of obligations under the agreement. You agree not to include personally identifiable information ("PII") in correspondence or communications with us, unless you need to consummate a financial transaction.  Confidential information shall be limited to the terms and pricing under the agreement, your data residing in the services environment, and all information clearly identified as confidential at the time of disclosure, but not data you wish to make publicly available.

A party’s confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party. We each agree to hold each other’s confidential information in confidence for a period of three years from the date of disclosure, unless that information is used as a trade secret.

Also, we each agree to disclose confidential information only to those employees or agents who are required to protect it against unauthorized disclosure in a manner no less protective than under the agreement. High Point will protect the confidentiality of your data residing in the services environment in accordance with the High Point security practices specified in the services policies referenced in the privacy policy. Our current financial transactions processor is PCI-Compliant as of the writing of this agreement which is agreement Version: 2014 November 1.0. Nothing shall prevent either party from disclosing the terms or pricing under the agreement in any legal proceeding arising from or in connection with the agreement or from disclosing the confidential information to a court of competent jurisdiction.

11.0  Entire Agreement

You agree that the agreement (including the information which is incorporated into the agreement by written reference (including reference to information contained in a URL or referenced policy), is the complete agreement for the services ordered by you, and that the agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such services.

If any term of the agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of the agreement. It is expressly agreed that the terms of the agreement, including any High Point Pricing Plan, shall supersede the terms in any purchase order or other non-High Point document and no terms included in any such purchase order or other non-High Point document shall apply to the services ordered.

The agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online through the High Point Store by authorized representatives of you and of High Point.

12.0 Limitation of Liability

NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THE AGREEMENT), DATA, OR DATA USE. HIGH POINT’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS SOFTWARE AS A SERVICE AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO HIGH POINT FOR THE SERVICES UNDER THE ORDER THAT IS THE SUBJECT OF THE CLAIM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. ANY DAMAGE IN YOUR FAVOR AGAINST HIGH POINT SHALL BE REDUCED BY ANY REFUND OR CREDIT RECEIVED BY YOU UNDER THE AGREEMENT AND ANY SUCH REFUND AND CREDIT SHALL APPLY TOWARDS THE LIMITATION OF LIABILITY.

13.0 Export

Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the services. You agree that such export control laws govern your use of the services (including technical data) and any services provided under this agreement, and you agree to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). You agree that no data, information, software programs and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.

14.0  Miscellaneous Provisions.

14.1     High Point is an independent contractor and we agree that no partnership, joint venture, or agency relationship exists between us. We each will be responsible for paying our own employees, including employment related taxes and insurance. You shall obtain at your sole expense any rights and consents from third parties necessary for High Point and its subcontractors to perform the services under the agreement.

14.3. The agreement is governed by the substantive and procedural laws of Oregon and you and High Point agree to submit to the exclusive jurisdiction of, and venue in, the courts in Multnomah County in any dispute arising out of or relating to the agreement.

14.4. If you have a dispute with High Point or if you wish to provide a notice under the Indemnification section of this software as a service agreement, or if you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to SCHWABE, WILLIAMSON & WYATT 1211 SW 5th Ave., Ste. 1900 Portland, OR 97204. High Point may give notice applicable to High Point’s software as a service customer base by means of a general notice on the High Point portal for the services, and notices specific to you by electronic mail to your e-mail address on record in High Point’s account information or by written communication sent by first class mail or pre-paid post to your address on record in High Point’s account information.

14.5. You may not assign the agreement or give or transfer the services or an interest in them to another individual or entity. If you grant a security interest in any portion of the services, the secured party has no right to use or transfer the services.

14.6. Except for actions for nonpayment or breach of High Point’s proprietary rights, no action, regardless of form, arising out of or relating to the agreement may be brought by either party more than two years after the cause of action has accrued.

14.7. High Point may audit your use of the services. You agree to cooperate with High Point’s audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with your normal business operations. You agree to pay within 30 days of written notification any fees applicable to your use of the services in excess of your rights. If you do not pay, High Point can end your services, the agreement or both. You agree that High Point shall not be responsible for any of your costs incurred in cooperating with the audit.

14.8. The Uniform Computer Information Transactions Act does not apply to this software as a service agreement or orders placed under it. You understand that High Point’s business partners, including any third party firms retained by you to provide computer consulting services, are independent of High Point and are not High Point’s agents. High Point is not liable for nor bound by any acts of any such business partner, unless the business partner is providing services as an High Point subcontractor on an engagement ordered under this software as a service agreement.

15.0 Force Majeure

Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. We both will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either of us may cancel unperformed services upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for the services.

16.0  Your Data

In performing the services, High Point will comply with the High Point Privacy Policy, which is available at http://www.scriptladder.com/policy/services-privacy-policy.html and incorporated herein by reference. The High Point Services Privacy Policy is subject to change at High Point’s discretion; however, High Point policy changes will not result in a material reduction in the level of protection provided for your data during the period for which fees for the services have been paid. The services policies referenced in your Pricing Plan specifies our respective responsibilities for maintaining the security of your data in connection with the services.

17.0  Restrictions on Use of the Services

You agree not to use or permit use of the services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote

bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, "junk mail", "spam" or chain letters; (e) constitute an  infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations.

In addition to any other rights afforded to High Point under the agreement, High Point reserves the right to remove or disable access to any material that violates the foregoing restrictions. High Point shall have no liability to you in the event that High Point takes such action.

You agree to defend and indemnify High Point against any claim arising out of a violation of your obligations under this section.

18.0 Services Tools

High Point may use tools, scripts, software, and utilities (collectively, the "tools") to monitor and administer the services and to help resolve your High Point service requests. The tools will not collect, report or store any of your data residing in the service production environment, except as necessary to troubleshoot service requests or other problems in the service. Data collected by the tools (excluding production data) may also be used to assist in managing High Point’s product and service portfolio and for license management. You agree that (a) except as set forth in the following paragraph, you may not access or use the tools, and (b) you will not use or restore the tools from any tape backup at any time following termination of the agreement.

If High Point provides you with access to or use of any tools in connection with the services, your right to use such tools is governed by the license terms that High Point specifies for such tools; however, if High Point does not specify license terms for such tools, you shall have a non-transferable, non-exclusive, limited right to use such tools solely to facilitate your administration and monitoring of your services environment, subject to the terms of the agreement. Any such tools are provided by High Point on an "as is" basis and High Point does not provide technical support or offer any warranties for such tools. Your right to use such tools will terminate upon the earlier of High Point’s notice (which may be through posting on https://support.scriptladder.com or such other URL designated by High Point), the end of the services term, or the date that the license to use such tools ends under the license terms specified for such tools.

19.0 Statistical Information

High Point may compile statistical information related to the performance of the services, and may make such information publicly available, provided that such information does not incorporate your data and/or identify your confidential information or include your company’s name. High Point retains all intellectual property rights in such information.

20.0Third Party Web Sites, Content, Products and Services

The services may enable you to add links to Web sites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of such third parties. High Point is not responsible for any third party Web sites or third party content provided on or through the services and you bear all risks associated with the access and use of such Web sites and third party content, products and services.

 

 

PRIVACY POLICY

Our Privacy Policy

We understand how important the privacy of personal information is to our users.

Our Privacy Policy will tell you what information we collect about you and about your use of High Point Software, Inc. ("HIGH POINT") Applications and its services. It is part of our ScriptLadder TM Service Agreement. It will explain the choices you have about how your personal information is used and how we protect that information. We urge you to read this Privacy Policy carefully.

Your Consent

By accessing or otherwise using our service or the site, you agree to the terms and conditions of this Privacy Policy, which is incorporated into and forms a part of the HIGH POINT Privacy Policy for all our products including, but not limited to, ScriptLadder™ LiveScript™ and SmartCast™.You expressly consent to the processing of your personal information and anonymous information according to this privacy policy.  If you do not agree, you must stop using our site or service.

Information Your Provide

We collect information data that you submit to us voluntarily when you use the service.  We also collect information that you submit in the process of creating or editing your account and user profile on the site. For example, our registration and login process requires you to provide us with your name, valid email address and password of your choice. If you personalize your profile and use the features, we will collect any information you voluntarily provide, and we may also request optional information to maximize the functionality of the site or App, such as your year of birth, gender and other demographic information. We collect information in the form of the content that you submit and other information you choose to submit.

Data You Upload

In addition to keeping all sensitive information encrypted in the database which includes member personal information: name, email address, city, state, country, company name, "roles" (actor, director, etc), as well as who your other ScriptLadder member connections might be all content of your uploaded script resides on our servers which includes script text, script annotations regarding story structure, title, logline, genre selections, and synopsis text supplied by Member; as well as all derived data (page-count, number of characters, etc.)  All users of the service may provide comments which may be viewable by other individuals, including but not limited to the author, as controlled by the author.

 

 

HIGH POINT Data Security:

Data obtained from evaluations and program use that is stored locally, is housed in a secure database accessible only to authorized HIGH POINT team members with a need to access this information.With some of our services, HIGH POINT must send data to external parties for assembly and analysis, such processing may take place in other jurisdictions, even outside the United States of America.  As a part of HIGH POINT information system design and policy, this data is de-identified and aggregated to protect the privacy of our end-users and partners.

 

Your login and identification are for your use only.  We are not responsible for any and all security breaches that happen because your login and identification information was given to anyone else or not secured and allowed another to access it.

 

Disclaimer about the Internet security: 

HIGH POINT’ information systems architecture makes standard use of technologies such as SSL encryption, firewall protection, and intrusion detection systems that help protect data and information housed on these systems. Our products are hosted in protected server environments that use these advanced security technologies in addition internal security procedures to help prevent disruption or unauthorized access to data and information systems from external security threats.We make reasonable efforts to protect your data. However, we cannot guarantee the privacy of information that is sent over the Internet. Your confidentiality will be kept to the degree allowed by the technology.

 

Third party services:

Some HIGH POINT products are able to integrate data from third-party databases and products. Third party technology that may be appropriate or necessary for use with some HIGH POINT software is specified in the related documentation for those products.  Any data obtained in this manner is subject to the same level of security and access restriction as data obtained from native HIGH POINT applications and products. (See data security)

 

Electronic Communications

When you visit any of HIGH POINT’ support links, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you using methods such as e-mail, SMS, push notifications, or by posting notices on the particular site accessed. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Anti-spam policy

We do not sell lists to third parties.

 

You tell us how often you want contact.

SPAM

We have a no spam policy.

Receipt of unwanted messages from us

In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the details below and the matter will be investigated.

support@scriptladder.com

We won’t spam you. We DO send you emails that supply tips and tricks to help you best use our applications. If you don’t want those, simply unsubscribe and we won’t send them.

Children

This site is not directed towards children

1.      You must be 14 years of age or older to access or use the site or service.If you are under 14 years of age and you wish to use access or use the service or the site, you must get consent from your parent or guardian before doing so. We may also impose restrictions on the length and manner of usage of any part of the service or site for any reason.If we impose restrictions on you personally, you must not attempt to use the service or site under any other name or user or on any other mobile device.

Copyright and other Intellectual Property

The information on our website is protected. Please don’t use it without our permission.

Copyright licence

2.     We are the owner or the licensee of all known intellectual property rights in the site or service, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You agree not to reproduce, duplicate, copy or re-sell the site or service or any part of the site or service except as may be permitted by the ScriptLadder™ Service Agreement and this privacy policy.Any reproduction, duplication, copying or reselling of the site or service without our permission is a violation of copyright, patent, trademark and possibly other laws.

a.      You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

b.      You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from us.

c.      You are permitted to and are hereby licensed to generate and download a .pdf report that includes the graphs and charts and output of your ScriptLadder™, LiveScript™ and SmartCast™ output.  You many not remove any trademark, copyright, other proprietary notices or otherwise imply ScriptLadder or High Point was not used in producing the report.

d.      If you print off, copy or download any part of the site or service in breach of the ScriptLadder™ Service Agreement or this Privacy Policy, your right to use the site or service is immediately terminated and you must, at our option, return or destroy any copies of the materials you have made.

e.      You must not without our permission:

    1. Use or copy any material from the site or service, including but not limited to, using or copying material onto other websites or other applications; or
    2. Frame any of the site or service onto your own or another person’s website or mobile application.

 

Report abuse

·        If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

·       You can let us know at support@scriptladder.com.

Enforcement of copyright and other intellectual property rights

·       We take the protection of our copyright and other intellectual property rights very seriously.

·       If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages, an injunction to stop you using those materials. You could also be ordered to pay legal costs.We reserve all rights we may have at law or in equity.

Cookies policy

 

We may use cookies to provide a more personalized experience for you and to learn about your behavior to provide better content over time.

 

We don’t use them to track your personal information or to bombard you with ads.

COOKIES

About cookies

·       A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

·       Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

·       Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

·       Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.

Third party cookies

Blocking cookies

·       Most browsers allow you to refuse to accept cookies. If you configure your browser to disallow  cookies use of our site may be impacted.

 

Non-Fiction Personal and Medical information Privacy Policy

 

None of your data uploaded or input may contain personal health information ("PHI") or Personally Identifiable Information (PII)

·       You may not post any works with PHI or PII to a real person.You covenant, represent and warrant that you have legally obtained permission of any person mentioned in any work to use their name.  Non-Fictional works, or works that may be reasonably interpreted to deal with those of a live person, many not include or PII PHI . Consult your attorney for compliance with the relevant privacy laws in your jurisdiction.

Interactive Features and Advice

We try to optimize your user experience but it may not be for all person's preferences

·       Our website includes interactive features that allow users to communicate with us.

·       You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

·       Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation

Liability

 

We are not liable if something goes really wrong.

Limitations and exclusions of liability

·       We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

·       We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill; even if we were advised that such losses may occur.

·       We will not be liable to you in respect of any loss or corruption of any data, database or software.

·       We will not be liable to you in respect of any special, indirect or consequential loss or damage.

·       You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this Privacy Policy (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

·       Please consult the ScriptLadder TM Service Agreement whose terms take priority over these if there is a conflict.

Updates and Questions

The terms of this Privacy Policy is dynamic, as the laws are:

·       We may revise this policy from time to time.

·       The revised policy shall apply to the use of our website from the time of publication of the revised Privacy Policy on the website.

If you have any questions regarding the site or service, please contact us at support@scriptladder.com.If you have legal questions regarding this Privacy Policy, contact your attorney.

Feedback

If you provide feedback to us, we may use such feedback for any purpose, provided we do not associate such feedback with your personal identifiable information. You agree that any such comments, suggestions, postings and any email we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services, goods or software without paying any royalties or other compensation to you.

General Terms .

·       If a provision of this Privacy Policy is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect and the remainder interpreted so as to preserve the parties' original intent.

·       you may redistribute our newsletter, links to our blog posts, and the .pdf report for your personal purposes to other individual people in print and electronic form and not for commercial purposes, including but not limited to the resale repackaging, reverse-engineering or otherwise use or compete, directly or indirectly, with us.

·       We reserve the right to restrict access to areas of our website, or our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website

·       This Privacy Policy is governed by the laws of the State of Oregon, but not that state's conflict of laws provisions. By using this site or service, you submit to the state and federal courts in Multnomah County, Oregon and waive any right to claim the venue or jurisdiction is improper

·       If there is a conflict between this Privacy Policy and the ScriptLadderTM Visual Collaboration Service Agreement, the ScriptLadder™ Service Agreement shall prevail.

 


 

 

SERVICE DESCRIPTION

ScriptLadder enables script writers, producers to appeal to visual learners on project management, financing and production aspects of a performance, including script analytics, script sharing and table reads.  By using our intellectual property, that may include patents, trademarks copyrights and trade secrets, we work to lower the cost and improve the quality of managing a production. .


 

 

PRICING PLAN

Users must register as "Members" and a Member is one individual person, you many not share your membership with other individual persons. Scriptladder™ Service Agreement applies to all membership types.

You are not entitled to a refund for unused service if you stop actively using the service or terminate prior to the end of the Pricing Plan you selected.  Your continued use of the service at the end of the Pricing Plan or renewal of a subscription to the service is acceptance of the current Pricing Plan in effect at time of subscription.