ScriptLadder™ Service Agreement
PLEASE READ THIS LEGALLY BINDING AND
IMPORTANT Scriptladder>™ SERVICE AGREEMENT (THIS "AGREEMENT") AND THE PRIVACY
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.
"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.
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
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
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
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
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
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
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
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
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.
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
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
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
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
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.
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.
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
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
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.
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.
In performing the services, High Point will comply
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.
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.
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.
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.
20.0 Third Party Web Sites, Content, Products
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
We understand how important the privacy of
personal information is to our users.
your use of High Point Software, Inc. ("HIGH POINT") Applications
and its services. It is part of our ScriptLadder
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
By accessing or otherwise using
our service or the site, you agree to the terms and conditions of this
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
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.
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.
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
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
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.
We do not sell lists to third
You tell us how often you want
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
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.
This site is not directed towards
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.
and other Intellectual Property
The information on our website is protected.
Please don’t use it without our permission.
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™
reselling of the site or service without our permission is a violation of
copyright, patent, trademark and possibly other laws.
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
You must not
use any part of the materials on the site for commercial purposes without
obtaining a license to do so from us.
permitted to and are hereby licensed to generate and download a .pdf report
that includes the graphs and charts and output of your
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.
If you print
off, copy or download any part of the site or service in breach of the ScriptLadder™
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.
You must not
without our permission:
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
Frame any of the site or service onto your own or
another person’s website or mobile application.
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.
can let us know at firstname.lastname@example.org.
of copyright and other intellectual property rights
take the protection of our copyright and other intellectual property rights very
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
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.
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.
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.
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.
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
browsers allow you to refuse to accept cookies. If you configure your browser
to disallow cookies use of our site may
Non-Fiction Personal and Medical information Privacy
None of your data uploaded or input may contain
personal health information ("PHI") or Personally Identifiable
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
Features and Advice
We try to optimize your user
experience but it may not be for all person's preferences
website includes interactive features that allow users to communicate with
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.
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
We are not liable if something goes really
Limitations and exclusions of liability
will not be liable to you in respect of any losses arising out of any event
or events beyond our reasonable control.
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.
will not be liable to you in respect of any loss or corruption of any data,
database or software.
will not be liable to you in respect of any special, indirect or
consequential loss or damage.
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
not, of course, limit or exclude the liability of the limited liability entity
itself for the acts and omissions of our officers and employees).
Service Agreement whose terms take priority over these
if there is a conflict.
dynamic, as the laws are:
may revise this policy from time to time.
revised policy shall apply to the use of our website from the time of
If you have any questions regarding the site
or service, please contact us at email@example.com.If you have legal questions regarding this
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.
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.
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.
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
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
Collaboration Service Agreement, the ScriptLadder™
Service Agreement shall prevail.
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
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
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.