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Terms of Service

OptionAvenue Terms of Service

Original TOS Date: April 1, 2024
Updated: October 14, 2024
Effective Date: October 14, 2024


Introduction and Acceptance of Terms

Welcome to OptionAvenue. By accessing or using our website, mobile applications, or any related services (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these Terms, you may not use our Services.


Description of Services

OptionAvenue operates as a marketplace connecting authors and literary rights holders with producers and other stakeholders in the entertainment industry. We facilitate introductions and provide a platform for negotiations but do not act as an agent, representative, or party to any transactions unless explicitly agreed to in writing.


User Eligibility and Account Registration

3.1. You must be at least 18 years old to use our Services.
3.2. You are responsible for maintaining the accuracy of your registration information.
3.3. Not all book submissions will be approved for listing on our platform.


User Responsibilities and Warranties

By using our Services, you warrant and agree that:
4.1. You have the legal right to sell, option, or transact the rights to any work you list on our platform.
4.2. If you are an author, you either do not have a publisher for the listed work or have obtained necessary permissions from your publisher.
4.3. If you are representing an author, you have explicit authority to act on their behalf.
4.4. You will conduct all necessary due diligence before entering into any transactions facilitated through our platform.
4.5. You will not use our Services for any illegal or unauthorized purpose.


OptionAvenue’s Role and Limitations

5.1. OptionAvenue acts solely as a facilitator and is not a party to any transactions between users.
5.2. We do not conduct due diligence on users, listed works, or offered rights.
5.3. We do not guarantee the success, legality, or appropriateness of any deal made through our platform.
5.4. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.


Fees and Services

6.1. Free Account: Users who sign up for a free account are never charged. We do not collect credit card or payment information for free accounts, and they remain free indefinitely. There is no automatic conversion to a paid account.
6.2. Basic Book Listing: As of October 14, 2024, new users who opt for a Basic Book Listing will be charged $10 per month. However, existing authors with approved books prior to this date are grandfathered into the service and will receive their Basic Book Listing free of charge, unless they voluntarily choose to upgrade.
6.3. Premium Book Listing: For $100 per month, users can upgrade to a Premium Book Listing, which provides enhanced visibility, targeted marketing, and other premium features. This is a monthly subscription and can be canceled at any time.
6.4. Additional Services: Other services such as book cover redesigns, trailers, and author interviews are available at varying costs, as detailed on our platform.


Option Agreement Documents

7.1. OptionAvenue provides both Full PDF and Short Form Option Agreement documents for authors and producers to use as references when negotiating adaptations of literary works into film or TV.
7.2. These documents are provided solely as reference materials. OptionAvenue is not offering legal advice, and we are not responsible for the outcomes of any negotiations or agreements made using these documents. Users are encouraged to seek independent legal advice before entering into any agreements.


Intellectual Property

8.1. All content and materials on our platform are owned by OptionAvenue or its licensors.
8.2. By submitting content to our platform, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content as part of our Services.


Confidentiality and Data Usage

9.1. Manuscripts uploaded for review are held confidentially and used solely to generate Coverage Letters.
9.2. We will not share your personal information with third parties except as described in our Privacy Policy.


Disclaimer of Warranties

OptionAvenue, LLC provides its Services on an “as is” and “as available” basis. We do not make any warranties, express or implied, regarding the use or results of our Services.


Limitation of Liability

To the fullest extent permitted by law, OptionAvenue, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.


Indemnification

You agree to indemnify and hold harmless OptionAvenue, LLC, its affiliates, officers, agents, and employees from any claims, damages, or expenses arising from your use of the Services or your violation of these Terms.


Dispute Resolution

Any disputes arising from these Terms or your use of our Services will be resolved through binding arbitration in accordance with the laws of the state where OptionAvenue is headquartered, California.


Modifications to Terms

We reserve the right to modify these Terms at any time. Continued use of our Services after such modifications constitutes acceptance of the new Terms.


Contact Information

For questions or concerns regarding these Terms, please contact us at:

OptionAvenue, LLC
26565 Agoura Road, Suite 200
Calabasas, CA 91302
[email protected]
www.optionavenue.com