TSL Workshops Terms of Use
Welcome to TSL WORKSHOPS!
To summarize: by using TSL Workshops you agree to these terms.
These are TSL Workshop’s Terms of Use, and they apply to all users. “We,” “our,” and “us” refer to The Screenwriting Life LLC. “TSL Workshops” refers to this platform and the services offered by us. By using TSL Workshops, you agree to these terms and to the other policies we post, including the Privacy Policy, and Community Guidelines. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy and our Cookie Policy. We collect, use, and share information in accordance with those policies.
Your account
To summarize: You must be at least 13 years old to use TSL Workshops. You are responsible for your account.
When you create an account, you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account or otherwise use TSL Workshops, you must be at least 13 years old and you must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf). You must be at least 18 years old or have your parent’s or legal guardian’s permission to have a creator page on TSL Workshops or to purchase an offering or subscription on TSL Workshops. You must be at least 18 years old to subscribe to an Adult/18+ creator or purchase an offering related to such a creator. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.
Abusive conduct
To summarize: Be responsible and don’t violate our terms or policies.
You are responsible for all activity on your account. If you violate our terms or policies, then we may terminate your account. Don’t do anything illegal, abusive towards others, that abuses TSL Workshops in a technical way, or that exploits TSL Workshops in an unintended manner that is detrimental to us. If you find a new and creative way to hurt our community, we may take action to prevent it.
All about being a member
To summarize: A member is someone who subscribes and/or makes a purchase on TSL Workshops, which may come with special benefits from creators they love. Through a subscription or offering on TSL Workshops, members may receive benefits and directly interact with creators using tools supplied by us, and, through TSL Workshops, have the opportunity to engage with a community of members.
As a member, you’re supporting a creator and may receive special benefits like shoutouts, exclusive creations, or merchandise. You pay on a one-time or automatically-renewing subscription basis as specified; TSL Workshops is the billing entity that is associated with this charge. If your primary payment method fails and you’ve configured one or more backup payment methods, then we will charge those backup payment methods based on that configuration.
The timing and amount of each subscription or offering depends on the type of subscription or offering you select and the creator you support. You can see the details prior to purchasing the offering or starting the subscription and you can view all your active subscriptions and your billing history.
To become a member, simply subscribe or purchase a paid subscription or other offering on TSL Workshops. Subject to these terms and full payment of all applicable charges, to the extent a subscription or offering includes access to one or more of a creator’s creations, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and view those creations for your own private, personal, non-promotional, non-commercial use. Creations you gain access to in this manner will generally continue to be available to you, but may become unavailable at any time as described below.
You may cancel your recurring payments at any time. Canceling your membership or lowering the tier support below the applicable threshold may result in your loss of access to membership subscription benefits, including member-only posts and other benefits. You may also lose access to offerings you’ve purchased and membership subscription benefits if, for example and as applicable, your payment method fails, we terminate your account, we block you, we delete our account, we change who has access to an offering and/or membership, we remove a post or offering from our account, we change who has access to an offering and/or membership. We are not required to allow you to access an offering, or be a member.
If you are located in a jurisdiction in which TSL Workshops is required to charge and collect tax, for example VAT or sales tax, then this tax is added to the total charge. Except in limited circumstances, this tax is shown to you when purchasing an offering or starting a paid subscription. TSL Workshops remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you agree to keep your location complete and up to date in order to enable accurate collection of taxes.
If you pay in a currency that is different from the currency associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee.
Even if you pay in the same currency as the currency associated with your payment instrument, when your payment is processed in a country different from the one associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.
Refunds. Our policy is not to provide refunds, including if you lose access to offerings and/or membership subscription benefits as described above, though we may allow for some exceptions where refunds are granted at our sole discretion.
Indemnity
To summarize: If we are sued because of your use of or conduct on TSL Workshops, you have to help pay for it.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of TSL Workshops. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
Warranty disclaimer
To summarize: We do our best to make sure TSL Workshops works as expected, but stuff happens.
TSL Workshops is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty, whether express or implied, is excluded and disclaimed to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates, and third-party service providers.
Limitation of liability
To summarize: If you lose money as a result of using TSL Workshops, any payment to you is limited to the amount of money we have earned through your use of TSL Workshops.
To the greatest extent permitted by law, we are not liable to you for any incidental, consequential, or punitive damages arising out of these terms, or your use or attempted use of TSL Workshops. To the greatest extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of TSL Workshops. We are specifically not liable for loss associated with unfulfilled offerings and benefits and from losses caused by conflicting contractual agreements. For this clause, “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
Dispute resolution
To summarize: If you have a problem, please talk to us. Any disputes with us must be resolved in San Francisco under California law.
We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or in relation to your use of TSL Workshops, then the dispute will be resolved in the federal or state courts located in …, California. Both parties consent to the exclusive jurisdiction and venue of the … courts for the purpose of resolving any such dispute. California law, excluding its conflict of law provisions, governs these terms, all other TSL Workshops policies, and any dispute that arises between you and TSL Workshops.
Everything else
To summarize: These terms are the final word on TSL Workshps’ policies and we will tell you if we make material changes to them.
These terms and any referenced policies are the entire agreement between you and us, supersede all prior agreements, and don’t create any partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and us. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified to make it enforceable, then it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, then it does not waive the ability to enforce any rights in the future.
We may sometimes make changes to these terms. If we make a change to these terms that, in our sole discretion, is material, then we will let you know before the changes come into effect. Continuing to use TSL Workshops after a change means you accept the new terms or policies.
WAIVER AND RELEASE
This agreement (“Agreement”) dated as of TODAY,, along with the Submission Release annexed hereto as “Exhibit A” and incorporated by reference herein, is by and between The Screenwriting Life, LLC (“Producer”) and YOU, in choosing to agree to these terms of service ("Participant") and governs Participant’s appearance and participation solely in connection with the project and/or service “The Screenwriting Life with Meg LeFauve and Lorien McKenna” (the “Project”). The parties agree as follows:
1. For good and valuable consideration, including the consideration of the right to appear and/or participate in the Project, the receipt and sufficiency of which is hereby acknowledged, Participant hereby grants to Producer, its owner, employees, affiliates, sponsors, agents, licensees and assigns the right to photograph, film, record and/or videotape Participant and the right to use and exploit Participant’s name, voice, biographical information, likeness, image, picture, photograph, silhouette and other reproductions of Participant's voice and/or physical
likeness (the “Materials”) and the Submitted Materials (as defined in Exhibit A and solely as embodied in the Materials) in and in connection with the production, distribution, exhibition, promotion, advertising, and/or other exploitation of the Project, derivatives thereof, and/or Producer’s products and services, including, without limitation, any promotional, editorial, advertising, marketing or publicity materials related to the Project, Producer’s products and services, and/or any of their sponsors, in all media and by any means whatsoever, whether now known or hereafter devised, throughout the universe in perpetuity, and in the exercise of all subsidiary and ancillary rights in the Project.
2. Participant agrees that Producer, its owner, officers, employees, affiliates, partners, agents, sponsors, licensees and assigns shall not have any liability to Participant and Participant hereby waives any and all claims or causes of action of any nature whatsoever against Producer and its owners, officers, employees, affiliates, partners, agents, sponsors, licensees and assigns arising from or in connection with any and all damages, liabilities, losses, costs and expenses of any kind by reason of personal injury, illness, emotional distress, invasion of privacy, copyright infringement, infringement of publicity rights or other adverse effects suffered or incurred by Participant in connection with Participant’s participation hereunder or the production, distribution, exhibition, promotion, advertising or other exploitation of the Materials and Participant expressly waives any claim for invasion of privacy, false light, misappropriation of name, voice, or likeness or defamation against Producer and its owner, officers, employees, affiliates, partners, agents, licensees and assigns in connection with Producer’s use of the Materials.
3. Participant agrees to indemnify and hold harmless Producer, its owner, officers, employees, affiliates, partners, agents, sponsors, licensees and assigns from and against any and all claims, liabilities, costs and expenses (including reasonable attorneys’ fees) resulting from or arising out of: (i) a breach of any of Participant’s representations and warranties hereunder or as contained in Exhibit and/or (ii) Producer’s use of the Materials and Submitted Materials pursuant to this Agreement as authorized and permitted hereunder.
4. All results and proceeds hereunder shall constitute a "work made for hire" for Producer, and Producer shall be the sole and exclusive owner and author thereof. Producer shall have the right, but not the obligation, to use, adapt, change, alter, delete from, add to or rearrange such results and proceeds, or any part thereof, to combine the same with other works, and to use, distribute, exploit and advertise any and all of the foregoing in any manner in any and all media, whether now known or hereafter devised; it being agreed that Participant hereby waives any and all so-called “moral rights.” Without limiting the generality of the foregoing, Participant hereby assigns to Producer and authorizes Producer to exploit in its sole discretion in perpetuity throughout the universe, all rights (including all rights of copyright) in and to the results and proceeds hereunder.
5. For the avoidance of doubt and notwithstanding anything to the contrary contained herein, nothing herein shall grant, transfer, assign or in any way provide Producer or any third party with any right, title or interest in or to any (a) underlying intellectual property (e.g., stories, anecdotes, characters, ideas, jokes or concepts, etc.) which may be contained in any materials provided to Producer by Participant, including the Submitted Materials (as defined in Exhibit A) and/or (b) any preexisting photographs, images, audio and/or audiovisual recordings or other materials which may be provided to Company by Participant, all of which are now and shall remain solely, exclusively and irrevocably owned by Participant in perpetuity throughout the universe unless otherwise agreed to in writing by Producer and Participant.
6. Participant represents and warrants that Participant is free and authorized to enter into this Agreement and is not subject to any obligation or disability which will or might prevent Participant from keeping and performing all of the conditions, obligations, covenants and agreements to be kept or performed hereunder; that Participant has not made, and will not make, any agreement or commitment, which could or might be inconsistent or conflicting with this Agreement and has not done, and will not do, any act or thing which could or might impair the value of, or interfere with Producer's complete enjoyment of, the rights granted hereunder. Participant represents to Producer that Participant is duly authorized to execute and deliver this Agreement and that this Agreement is sufficient to grant all necessary rights and licenses to Producer in and to the results and proceeds for the purposes set forth herein, and that no consent or authorization is needed from any other person or entity with respect thereto.
7. Participant agrees not to disclose to any third party any information to which Participant has had or will have access to concerning the Project, any of Producer’s operations or programming or other services or the terms and conditions of this agreement, except as required to fulfill Participant’s obligations hereunder, as expressly permitted by Producer in writing or as required by law or court order. Participant acknowledges and agrees that through their participation in or observation of the Project, Participant may come into contact with or learn confidential information (including proprietary information, scripts, screenplays, storyboards, pitch decks, ideas, sketches, drawings, plans, business development, creative developments, potential cast lists, business and contractual relationships and any other information that Participant knew or reasonably should have known was confidential; collectively, “Confidential Information”) owned and/or controlled by other individuals (the “Disclosing Party”) and that such Confidential Information shall remain the exclusive and sole property of the Disclosing Party. Any unauthorized disclosure of Confidential Information shall cause irreparable harm and significant injury to the Disclosing Party and/or Producer, the extent of which will be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, the Disclosing Party and/or Producer, in addition to any other available remedies, shall have the right to an immediate injunction and other equitable relief enjoying any breach or threatened breach of this Agreement, without the necessity of posting any bond or other security.
8. Participant agrees that if Producer breaches this Agreement, the damage, if any, caused Participant thereby will not be irreparable or otherwise sufficient to entitle Participant to injunctive or other equitable relief. Participant agrees that no breach by Producer shall entitle Participant to rescind this Agreement, to restrain Producer's exercise of any rights hereunder, to enjoin Producer's use of the Materials hereunder, or to restrain the exhibition or exploitation of the Materials, or any elements thereof or ancillary rights therein; in the event of any breach hereof by Producer, Participant's sole remedy shall be an action for damages. This Agreement shall be construed and enforced in accordance with the laws of the State of California governing contracts to be wholly performed in California, without regard to laws regarding co nflict or choice of law provisions. Producer hereby makes no representation whatsoever that Participant shall in fact appear in any of Producer’s projects, and Producer’s exploitation of the Materials, if at all, shall not entitle Participant to any monetary or other consideration from Producer or any person. This Agreement is not subject to and/or governed by the terms and conditions of any labor, guild or union organization representing persons
performing services of the type and character required to be performed by Participant. The parties acknowledge that they have had ample opportunity to seek and receive advice from their counsel about this Agreement and its legal effect prior to its execution and that they have received such advice or have freely elected to waive their opportunity for such advice
EXHIBIT A
SUBMISSION RELEASE
By agree, participant desire to submit to The Screenwriting Life, LLC (“you”) for your consideration certain material, ideas and/or creative work (hereinafter referred to as “Submitted Materials”).
I recognize the possibility that the Submitted Materials may be identical or similar to material that has or may come to you from other sources. For good and valuable consideration, including the right to appear and/or participate in the “Monthly Virtual Workshop” hosted by “The Screenwriting Life with Meg LeFauve and Lorien McKenna” (the “Workshop”), the receipt and sufficiency of which is hereby acknowledged, I am executing this Release to induce you to examine and consider the Submitted Materials and I acknowledge that, in accordance with your established policy, you have refused to accept, examine or otherwise evaluate the Submitted Materials without my acceptance of each and all of the provisions of this Release and that you have not examined said Submitted Materials prior to my execution of this Release. I retain all rights to submit the Submitted Materials or similar materials to persons other than you.
As an inducement to you to examine the Submitted Materials, and in consideration of your so doing and my participation in the Workshop, I represent, warrant, and agree as follows:
1. I acknowledge and agree that: (i) I am the sole owner and/or author of the Submitted Materials and that I have the exclusive right and authority to submit the same to you upon the terms and conditions herein; (ii) the Submitted Materials are submitted by me voluntarily, on an unsolicited basis, and not in confidence; (iii) no confidential relationship is intended or created between us by reason of the submission of the Submitted Materials; and (iv) nothing in this agreement, nor the submission of the Submitted Materials, shall be deemed to place you in any different position from any other member of the public with respect to the Submitted Materials and, accordingly, any part of the Submitted Materials that could be freely used by any member of the public may be used by you without liability to me.
2. I acknowledge that at this time you have no intent to compensate me in any way and I have no expectation of receiving any compensation. You agree, however, that you shall not use the Submitted Materials unless you shall first negotiate with me and agree upon compensation to be paid to me for such use, but I recognize that you and your employees, partners and/or representatives have access to, may have or have had possession of, and/or may create or have created other materials and ideas which may be similar or identical to the Materials in theme, idea, plot, format or other respects. I agree that I will not be entitled to any compensation because of the use of any such similar or identical materials or ideas and that my permission is not needed for the use of such similar or identical materials or ideas.
3. I agree that no obligation of any kind is assumed or may be implied against you by reason of your consideration of the Submitted Materials or any discussions or negotiations we may have with respect thereto, except pursuant to an express written agreement hereafter executed by you and me, which, by its terms, will be the only contract between us. I agree that no promise or guarantee of any kind has been or will be conveyed from you to me in connection with the Submitted Materials, including any actual or implied promise or guarantee of employment, financial success, financial support and/or career support in connection with your consideration of the Submitted Materials and my participation in the Workshop.
4. I have retained at least one copy of the Submitted Materials and hereby release you of and from any and all liability for loss of, or damage to, the copies of the Submitted Materials submitted to you hereunder.
5. I have read and understand this Release and acknowledge that it sets forth the entire agreement between you and me relating to the Submitted Materials. There are no other agreements, oral or written, between you, on the one hand, and me, on the other, relating to the Submitted Materials. In signing this agreement, I am relying only on the language in this written release and am not relying on any other representations or warranties, express or implied, oral or written. I agree that any modification or waiver of any of the provisions of this Release must be expressly approved by you in writing.
6. This Release shall be governed and construed in accordance with the laws of the State of California applicable to agreements executed and fully performed therein. Should any provision part of any provision of this release be void or unenforceable, such provision or part thereof shall be deemed omitted, and this Release with such provision or part thereof omitted shall remain in full force and effect.
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