Welcome to plotsa.com (the "Site"). This is the official site of PLOTSA Entertainment, LLC ("PLOTSA," "us," "we," etc.). By using the Site and setting up a member account, you are agreeing to these terms. These terms, along with our Privacy Policy, and other agreements referenced in these terms, govern your use of the Site and your relationship with us. Please read these terms carefully.
Plotsa is a cooperative online movie studio, for producing, distributing, and exhibiting movies curated by filmmakers, according to proven industry standards, for a wide audience of 13+.
Filmmakers keep all rights to materials they submit to the site, except those explicitly granted to us in this and our submission agreement, until they sign a contract with PLOTSA for producing, distributing, or exhibiting their movies. We collect site review fees, and we collect funds for online distribution and exhibition of movies that pass our review process ("Movie Revenue"). Filmmakers cooperatively share 70% of Movie Revenue, subject to our standard distribution agreements, which spell out details of creating a movie on the site and sharing proceeds with cast, crew, investors, and distributors.
Peer reviewers of movies, or stages of movies, submitted to the site are paid "Credits" for their reviews. Filmmakers use these Credits to pay for peer reviews for their own submissions and to pay for a percent of their pay-per-view watching of PLOTSA streaming movies. Credits can also be lost for those whose reviews are deemed to have been done in bad-faith. But there can be no negative balance of Credits.
Staff reviewers of movies, or stages of movies, submitted to the site are paid "Plotsa Bucks" for their reviews. Plotsa Bucks are paid for by writers and filmmakers seeking staff reviews. Plotsa Bucks can be paid for and redeemed in cash through PayPal.
Your Account
You must be 18 years of age or older to create a member account. You are responsible for all use tied to any account you create, so please keep your password confidential. If you learn of any unauthorized use of your account, contact accounts@plotsa.com.
You must keep your payment information updated in your Paypal account.
Using the Site
Do not misuse the Site. Do not interfere with, hack, or covertly access our servers or the Site. Don’t misuse, copy, or misappropriate our intellectual property. You may not copy, modify, distribute, sell, lease, or reverse engineer any part of the Site, our software, or any intellectual property on the Site. We may suspend your account or your access to the Site if you do not comply with our terms or policies or if we are investigating suspected misconduct. You agree to pay for all damages caused by your misuse of our Site.
Using the Site does not give you ownership of any intellectual property rights or licenses in our services or the content you access. You may not use content from the Site except as outlined in these terms. On the Site, you may have access to view scripts and movies in production on the Site. You agree to not work on or produce scripts or movies as your own with the same subject matter or plot as any script or movie in production on the Site.
The Site displays some content that is posted by Members or other visitors. Members and other third parties control their content on the Site. PLOTSA is not responsible for third-party content.
Nationwide, over 70% of all revenue comes to movies with less than R ratings. PLOTSA focuses on these movies for mass audiences. Therefore, when you submit any content, make sure that your content would not likely be rated R or more restrictive by the Motion Picture Association of America if made into a movie, and so would be appropriate for the mass audience of 13-year olds and older. You may, however, submit R-rated completed movies if they are currently carried by filtering sites like ClearPlay. And you may submit an R-rated movie if you can still make a good case that it is fitting for ages 13+.
Terminating Services
We may add or remove functionalities or features, and we may suspend or cancel our services altogether without prior notice.
Our Warranties and Disclaimers
Other than as expressly set out in these terms, PLOTSA does not make any commitments about the content on the Site, the specific functions of the Site, or the reliability, availability, or ability of the Site to meet your needs.
To the extent permitted by law, we exclude all warranties.
Liability
When permitted by law, PLOTSA, and its affiliates, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of PLOTSA, and its affiliates, for any claim arising under or relating to these terms, including for any implied warranties, is limited to Credits for peer review fees, Plotsa Bucks for Site review fees, or Movie Revenue.
All Legal Notices
You agree that we may, at our discretion, send you any required notices, including (without limitation) legal notices, notice of subpoenas or other legal process, by email to the most recent address that you provide in your account information. Please keep your email address up to date.
Send us legal notices at:
PLOTSA
Attn.: legal
141 Wolverine Creek
Elk Ridge, UTAH 84651
About these Terms
We may modify these terms from time to time. We will post notification on the Site when changes are made to these terms. Changes will not apply retroactively and will become effective no sooner than fourteen days after we first post notification.
However, changes addressing new functions of the Site or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, discontinue using the Site. By your continued use of the Site, you agree that these terms amend and replace any previous agreements and that you agree to the new terms.
These terms, along with the agreements and policies referenced herein, are the entire agreement between you and PLOTSA concerning the subject matter. This is a fully integrated contract. These terms cannot be modified except as provided for in the previous paragraph, even by PLOTSA employees.
If there is any conflict between these terms and any other written agreement entered into between PLOTSA and a particular Member, including (without limitation) the standard agreements referenced herein, or any other agreements for a particular screenplay or movie, the conflicting terms of that other agreement will govern.
Because the production and directing of movies is highly specialized work, you may not assign or delegate any right or obligation in these terms.
These terms do not create any third party beneficiary rights.
Our failure to take action in response to a violation of these terms does not mean that we are giving up any rights that we may have (such as taking action in the future).
If a particular term is not enforceable, this will not affect any other terms.
The laws of Utah, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Site. All conflicts between you and PLOTSA must be resolved in the State of Utah. You and PLOTSA agree to exclusive personal jurisdiction in Utah.
We value your patronage and prefer to settle disputes. You have the right to seek arbitration if you feel that we have violated these terms. All claims arising out of or relating to these terms are subject to final and binding arbitration governed by the rules set forth by the American Arbitration Association. Both you and PLOTSA will pay your own share of arbitration for non-frivolous claims. You will pay all arbitration costs, including our attorney’s fees, for frivolous claims. If the total claim is less than $5,000, you may choose to arbitrate by paper or by phone. You explicitly waive your right to class arbitration. In the event that a claim is for less than $1,000, it may be brought in small claims court in lieu of arbitration.
Submitting
By submitting content to PLOTSA ("us, we, our, etc."), you or, if applicable, the individual, company, or other entity you represent ("you") are agreeing to these terms. This Agreement includes the terms of our Privacy Policy and Terms of Use. You retain all rights to the content you submit except those explicitly granted to us in these agreements. So please read these terms carefully, as they are an agreement between you and us for any screenplay, video, review, annotations, or other content ("Content") that you submit.
If you are submitting content on behalf of another person or entity, you represent that you have legal authority to enter this Agreement. If you do not have the legal authority, you must not submit Content to us for them. You may submit content only if you have exclusive rights to exploit all of the Content that you submit. Parts of the Content may be in the public domain, if they are in the public domain in every country worldwide.
Rights That You Grant to Us
You may choose three levels of availability for your submission: private, basic, or full. Writers submit stages of screenplays, and directors submit later stages of movies.
If you choose private availability, only the following have full viewing access: assignees, reviewers for the current stage selected by the Site’s algorithm, PLOTSA personnel, invitees chosen by the user during audience review, PLOTSA confirmed film festival programmers, sales agents, distributors, publishers, and investors during audience review, and PLOTSA partners granted access by PLOTSA. If you choose basic availability, then in addition to the viewing access of private availability, all Members can view the main description (or main line of action) of your submission. If you choose full availability, then in addition to the viewing access of basic availability, all Members can view the full content, including during audience reviews.
You grant us a worldwide, royalty-free, non-terminable, sub-licensable, transferable right to copy, transfer, stream, make available for download, add captions and make other distribution-related modifications to your Submission as we desire 1) to facilitate the distribution of your Content for review or annotation or 2) to facilitate the distribution of your Content for viewing for completed movies or in-progress movies with full availability.
However, we have no obligation to make any Content available or to otherwise use it in any way. If we make any Content available or otherwise commence exploitation, we may still remove it and cease further exploitation at any time in our sole discretion.
You also grant to us the right to use user profile information in connection with your Content or otherwise.
Our users may help develop and submit scripts, movies, shows, and videos. They may also submit material that is similar to your Content. In order to prevent legal claims that may impede the ability of scripts, movies, shows and videos to be developed and released, you agree to irrevocably and forever waive any legal claim you may have under any theory of law in any territory, including, without limitation, copyright infringement or breach of implied in fact contract (idea submission), that your rights were infringed due to any similarity between your Content and any other content that is or may become available, unless there is substantial similarity of protectable expression under United States copyright law between your Content and the other content and the other content includes a verbatim copy of a material portion of your script or other written material, if your Content is a script or other written material, or a re-use of a material portion of footage from your movie, show or other video if your Content is a movie, show, or other video.
You will have no right to financial compensation in connection with the rights you grant under this Agreement.
You acknowledge that your in-progress Content is freely available for download without copy protection to all assignees, including assigned reviewers. Furthermore, if submitted with full availability, your in-progress Content is freely available for download without copy protection to all Members. Furthermore, if submitted with basic or full availability, your in-progress description is freely available for download without copy protection to all Members.
In no event will PLOTSA or any of its licensees, its sublicensees, its distributors, its producers, any party to which it assigns any of its rights hereunder, or its or their affiliates, successors or assigns, or any of their directors, officers, members, shareholders, employees, associates, agents or representatives be responsible for any reproduction, display, modification, or use of your Content or any portion thereof by you or any third party.
All remedies will be cumulative and pursuit of any one will not waive any other. Captions and headings are for convenience only and will not be used to construe meaning.
Representations and Warranties
When you submit Content as your own (rather than a recommendation of existing Content), you represent and warrant that:
- the Content was created by and is wholly original with you, or that you are the sole holder of rights related to the Content as the result of an assignment or transfer of rights;
- nothing in the Content violates the right of privacy of, constitutes a libel or slander against, or otherwise violates the rights of any person, firm, or corporation;
- if the Content is based in whole or in part on the life of any real person, you certify that you have obtained permission to do so from the person or a representative of that person;
- you have the exclusive right to grant all rights in the Content, and the Content is free and clear of any actual, pending, or threatened litigation;
- you have exclusive rights in the title, with regard to its use in any connection with the Content;
- you have the full right and authority to submit the Content to us upon all of the terms and conditions herein stated;
- you will provide all necessary and customary documentation and assistance to validly preserve all copyrights in the Content, to show a chain of title, or any other actions needed to procure distribution;
- you do not belong to any guild or association that may affect your obligations under the terms of this Agreement with us;
- you have obtained all necessary rights to use the locations, music, artwork, images, and footage used in the Content; and
- that our use of the Content in accordance with the terms of this Agreement will not give rise to any royalty or other payment to you or any third party.
Liability and Miscellaneous
When permitted by law, PLOTSA, and its affiliates, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
You agree to indemnify PLOTSA and hold us harmless from and against any claim, loss, obligation, liability, cost or expense, including attorneys' fees and costs, which may be asserted against us or incurred by us that arise out of or in connection with your submissions or any use of the Content according to this agreement.
To the extent permitted by law, the total liability of PLOTSA, and its affiliates, for any claim arising under or relating to these terms, including for any implied warranties, is limited to Credits for peer review fees, Plotsa Bucks for site review fees, and Movie Revenue.
You will perform under this Agreement as our independent contractor. Nothing in this agreement will be deemed to constitute a joint venture or partnership between you and us. Neither party will have the right to bind the other in any manner.
All rights you grant to us may be exercised by us or by any of our affiliates, subcontractors, or sublicensees.
You will not assign any part or all of this Agreement without our prior written consent.
Any attempt to assign in violation of this section is void in each instance. We may assign any or all of our rights or obligations under this Agreement to any party, and the assignment will be deemed a novation under law forever releasing us from any and all obligations and liabilities under this Agreement.
We may also, from time to time, change the terms of this Agreement. If we do, we will notify you at the email address in your profile information. If you leave your Content on our site, you will be bound by the changed terms
Submission Fees
There is normally a fee, paid through PayPal for site reviews, or earned by doing peer reviews for others, for submitting each stage for PLOTSA review. The stage may need to be resubmitted one or more times, each time for a fee.
