ELORA MEDIA Online Submission Release

Elora Media actively develops products and ideas of its own. So, while we are interested in new ideas, technology and products, we have to preserve our own ability to innovate. For that reason, we must limit our review of unsolicited proposals, materials or ideas and wish to be clear as to the conditions under which we will accept them for review.

Elora Media does not accept complete material submissions at this time. However, following your careful review and acceptance of the following submission agreement, you may provide Elora Media with a written synopsis (please keep it under 100 words) outlining the material(s) that you would like Elora Media to review and consider for possible production and/or distribution.

You must read the terms and conditions of this release carefully before clicking on the “Agree” button. By clicking on the “Agree” button you agree to be bound by the terms of this release form and you become a party to the agreement.

You must agree to the following release agreement to allow Elora Media, LLC to review your submission. If you are not willing to be bound by the terms of the agreement, you must not click the “Accept” button and your application cannot be processed.

ELORA MEDIA (“EM") is engaged in the production and distribution of children’s books and other entertainment product for exploitation in any and all entertainment media. In this context, EM reviews various source ideas, proposals and suggestions. Such materials may be related to format, theme, treatments and/or means of exploiting a production once completed. In order to avoid misunderstandings, EM will not review or discuss ideas, scripts, treatments, formats or the like submitted to it on an unsolicited basis by persons not employed by EM without first obtaining the agreement of the person submitting the material to the terms set forth below (the “Agreement”).

The following shall constitute a release (the “Release”) by you (“Submitter”) with regard to the submission of an application, program outline, pitch and any other materials submitted by you for consideration to Elora Media for possible production, financing or distribution (the “Material(s)”) for review by EM. Submitter understands and agrees that the execution of this Release is a prerequisite to EM’s review of any materials submitted. All references herein to EM shall include any related entities as well as EM’s directors, officers, agents, employees, consultants, lessees, licensees, successors and assigns.

In consideration of EM’s review of the Material, Submitter hereby agrees as follows:

1. Submitter understands and agrees that EM does not undertake to consider the Material in confidence. Submitter acknowledges that EM must disclose the Material to various employees, and possibly even to those outside EM’s employ (including, if you become a finalist, posting the Material on-line for evaluation by the public to select the Audience Favorite), to determine the Material’s value. It is understood that no confidential relationship is entered into by reason of EM ‘s consideration of the Materials or by reason of discussions at any time between EM and Submitter.
2. Any submission to EM is made with the understanding that EM shall give the Material such consideration as it merits in EM’s sole and final judgment, and EM is under no obligation to Submitter to use the Material. EM is under no obligation to release to Submitter either any details of EM’s actions in connection with the Material or any information regarding EM’s activities in the field to which the Material pertains.
3. Consideration of the Material is not an admission by EM of the novelty, propriety or originality of the Material. EM shall not be obligated to further consider a Submitter’s Material or to negotiate with or enter into an agreement with Submitter pertaining to the Material.
4. Any parts of the Material that are solely owned and controlled by Submitter pursuant to 15 U.S.C.A. 1051 et seq. and/or protected by copyright for the benefit of Submitter pursuant to 17 U.S.C.A. 101 et seq. (collectively, the “Statutes”) shall be deemed protected materials for the purpose of this Release and EM claims no ownership in such protected materials by virtue of this Release.
5. Submitter hereby represents and warrants that:
   a) Submitter is the sole originator of the Material, that the Material is solely owned by Submitter and that no other person, firm or corporation has any right, title or interest therein or thereto.
   b) Neither the Material nor EM’s review or use thereof shall violate any personal or property rights of any third party including, but not limited to, rights of droit moral, privacy, publicity, copyright, trademark, or other intellectual property rights, nor shall the Material or EM’s review or use thereof constitute defamation, libel or slander against any third party.
   c) Submitter has the full right and authorization to submit the Material to EM upon all of the terms and conditions herein stated.
   d) No persons other than you or those executing a separate but contemporaneous Release with respect to the Material have collaborated with Submitter in creating the Material, nor do any persons other than you and those executing a separate but contemporaneous Release have any rights in such Materials inconsistent with Submitter’s agreement hereunder.
   e) Submitter has fully read and understands and agrees to this Release.
6. Submitter agrees to indemnify, defend and hold harmless EM and its Related Entities from and against any claim, loss, obligation, liability or expense including reasonable attorney’s fees that may be asserted against or incurred by EM in connection with the Material submitted hereunder, any use of such Material by EM or any breach of any representation, covenant or warranty made by Submitter hereunder.
7. The Material has not been previously disclosed to EM, and EM has not made any prior inducements, promises or representations to Submitter regarding the Material. This Release constitutes the entire understanding of Submitter and EM as of the date hereof. No other agreement, written or oral, expressed or implied, exists between Submitter and EM with respect to the Material. Any modification or waiver hereunder or termination hereof must be in writing and signed by both Submitter and EM. The invalidity of any provision hereof shall not affect the remaining provisions. The representations, warranties and indemnities herein shall survive the termination, execution, completion or expiration of this Release.
8. Submitter has retained a copy of the Material and agrees that EM shall not have any obligation to return the submitted copy of the Material to Submitter and that EM shall be under no obligation for any loss or damage to such copy.