You (“Author”) have read, understood and acknowledged this agreement and you (“Author”) hereby agree to its terms, as described below.
You (“Author”) have produced a story outline, Beemgee project, manuscript or screenplay, or rough cut (“Work”) for possible future publication or production in whatsoever story format. You as Author submit to Beemgee (as organization Beemgee GmbH or a Beemgee representative or partner, in the following “Advisor”) the Work or story Idea in the form of a text document, PDF, electronic data file, link, or verbally, for assessment, evaluation and advice (“Service”). The Work or Idea is thus submitted under the terms and conditions stated here in this “Terms and Conditions Agreement”.
Should Beemgee software be employed or put to use by Author or the Work be submitted as a Beemgee project, the respective Terms and Conditions apply.
Author has obligations to Advisor only as set forth in this Agreement. There are no refunds for the services.
This Agreement is binding jointly and severally upon all persons and the organization or company should the Work be submitted by more than one person or by an organization or company (see paragraph 7.).
The parties (Advisor and Author) agree as follows:
1. i. All information disclosed by Author to Advisor, in writing as well orally, that relates or refers directly or indirectly to the Work or Idea, including any form of the Work or Idea itself is deemed confidential and constitutes Confidential Information.
ii. The Work or Idea that constitutes Confidential Information is and shall remain the property of the author and shall not be disclosed or revealed by Advisor.
2. Author declares that Author is the owner of the copyright and all other pertaining rights to the Work sent to Advisor, and that sending the Work to Advisor represents no breach of the rights of any third party in any form. Advisor shall not be liable.
3. The Work (or idea) remains the copyrighted property of Author throughout and after the completion of the Service; Author alone may exercise the corresponding rights of use. Beemgee (or Coach) does not make any commercial or non-commercial claims arising from the Service.
4. It is Author’s sole responsibility to protect the rights to Work or Idea, including for example by submission to a copyright service or office. Advisor will not be held accountable in any form for any perceived or actual copyright breach.
5. No Professional Advice Guarantee or Promise: Whether or not Author is advised of the possibility of any potential damages, Advisor is not liable for any direct, indirect, consequential, exemplary, particular, personal, special or other damages, including economic loss, that may result from the use of, or the inability to use, the materials, information or strategies communicated through the Service, or any advice or information provided before or after the Service. Under no circumstances, including but not limited to negligence, will Advisor be liable for any special or consequential damages that result from Author’s use of the Service and participation in any consultation. You, the Author, alone are responsible and accountable for your decisions, actions and results, and by your use of the Service and participation in any consultation you agree not to attempt to hold Advisor liable for any decisions, actions or results that you make or experience due to your use of the Service or participation in the consultation at any time now or in the future, under any circumstance.
6. Beemgee GmbH is free to decide when to issue the invoice: upon booking, after partial delivery or after completion. A claim for reimbursement exists only in the event of invoicing in advance and only in the event that Beemgee GmbH is unable to render the service (even within a reasonable period of grace), for example due to force majeure.
7. If the work or idea is submitted by more than one person or by a company or organisation, these Terms and Conditions shall be binding on all persons and the company or organisation jointly and severally.
8. i. This agreement sets forth the entire agreement between the parties and may only be amended or modified in writing, and any amendments or modifications must be signed by all of the parties.
ii. This Agreement may not be changed, modified, terminated, annulled or discharged except in writing signed by both Author and Advisor.
9. This Agreement, regardless of where executed or performed, is subject to and enforced in accordance with the laws of Berlin, Germany.
Beemgee GmbH, March 2019