general terms and conditions
GENERAL TERMS AND CONDITIONS CINECROWD
Article 1. Definitions
GENERAL TERMS AND CONDITIONS:
General Terms and Conditions of the CineCrowd Foundation of which the
SPECIAL PROVISIONS form an integral part.
SPECIAL PROVISIONS CineCrowd – supporter, Special Provisions CineCrowd – project holder
SPECIAL PROVISIONS project holder – supporter (either individually or in combination).
SPECIAL PROVISIONS CineCrowd – supporter: Special Provisions CineCrowd – supporter
SPECIAL PROVISIONS CineCrowd – project holder: Special Provisions CineCrowd – project holder
SPECIAL PROVISIONS project holder– supporter: Special Provisions project holder – supporter
CineCrowd: the CineCrowd Foundation in formation, holding office in Amsterdam and having its statutory seat in Amsterdam.
Project holder: the natural person or legal entity who has entered into a PLACEMENT AGREEMENT with CineCrowd.
Supporter: the natural person or legal entity that has a personal account with CineCrowd and currently donates money, has donated money or will donate money for the benefit of a PROJECT.
PROJECT: the project that has been placed on the CineCrowd SITE, with regard to which CineCrowd and the project holder have entered into a PLACEMENT AGREEMENT.
(CineCrowd) SITE: the websites http://www.CineCrowd.nl, http://www.CineCrowd.be and http://www.cinecrowd.com/
PLACEMENT AGREEMENT: the agreement between CineCrowd and the project holder by virtue of which the project holder presents a project on the CineCrowd SITE.
PROJECT PAGE: the page on the CineCrowd SITE on which the project holder presents his/her project.
AGREEMENT: any agreement between CineCrowd and project holder, between CineCrowd and supporter and between project holder and supporter.
Article 2. Applicability of the General Terms and Conditions
2.1 These General Terms and Conditions consist of a general section (Articles 2 through 7), a section that applies exclusively to the (legal) relations between CineCrowd and the project holder (the Special Provisions CineCrowd – project holder (Articles 1 through 4), a section that applies exclusively to the (legal) relations between CineCrowd and the supporter (the Special Provisions CineCrowd – supporter (Articles 1 and 2), and a section that applies exclusively to the (legal) relations between the project holder and the supporter (the Special Provisions project holder – supporter (Article 1).
2.2 These General Terms and Conditions apply to all submissions, quotations and agreements between CineCrowd and project holders, between CineCrowd and supporters and between project holders and supporters, unless parties have expressly agreed otherwise in writing. Other (General) Terms and Conditions of the project holder or supporter or other users of the SITE shall not apply.
2.3 Oral statements, commitments or agreements have no legal effect unless confirmed in writing.
2.4 If any provision of these General Terms and Conditions is held invalid or annulled, the other provisions shall not be affected, prejudiced or impaired.
Article 3. Agreement
3.1 Offers and quotations by CineCrowd are entirely without obligation and can be revoked by CineCrowd at any time before and immediately after the conclusion of the agreement.
3.2 The project holder and the supporter are obliged to provide the following information at the request of CineCrowd:
- project holder, if a legal entity:
a. copy of Commercial Register extract Chamber of Commerce (no more than 3 months old), and
b. copy of identification document of one or more authorized signatories, depending on the specification on the extract (in case of 'independent authorized signatory': 1 identification document, in case of ‘joint authorized signatory': 2 identification documents).
- project holder, if a natural person:
a. copy of valid identification document (passport or residence permit, not a driving license) + copy of bank statement with home address.
3.3 CineCrowd reserves the right to demand a review report by a certified public accountant registered in the Netherlands or by an Accountant Administration Consultant regarding the creditworthiness of the project holder if CineCrowd deems such a report necessary to support the accountability of CineCrowd to the supporter(s) who wish(es) to support a PROJECT at this time or in the future.
DONATIONS AND PAYMENTS
Article 4. Donating
4.1 Both natural persons and legal entities can donate money for the benefit of a PROJECT by means of a personal account with CineCrowd.
4.2 CineCrowd only pays out the donations to the project holders when the PROJECT will actually be realized.
4.3 To the legal relationship(s) between project holder and supporter, the Articles 175 through 188 of Volume 7 of the Civil Code concerning 'donations' apply mutatis mutandis.
4.4 In accordance with Article 7:175 subsection 2 of the Civil Code, a donation by a supporter to the project holder shall be considered accepted if the project holder does not immediately reject the donation upon having taken note of the donation.
4.5 Under Article 46 a through f of Volume 7 of the Civil Code, section 9A (Distant Agreements), donations cannot be recovered once paid, unless the target amount of the project is not fully matched.
4.6 If the target amount at the end of the running time of the crowdfund campaign has been in the ranks of 80% to 99%, all Supporters will receive an updated projectplan of the Projectholder. Within 5 days of receiving this projectplan a Supporter can choose if he sustains his Donation to the Project or that he/she withdraws the Donation to the Project. Supporter can also choose to support a different project with his Donation.
4.7 If the target amount is at least sustained for 80% after 5 days, this amount will be the actual realised amount and considered as 100% successful. CineCrowd will then pay the donations to Projectholder.
4.8 If the target amount is less then 80% after 5 days after sending the updated projectplan, Supporters an choose tot reimburse their Donation or donate this to another project. In case of reimbursement CineCrow will do its maximum to reimburse the Donation to the Supporter.
Article 5. Services and liability CineCrowd
5.1 CineCrowd does not control the communication between project holder(s) and supporter(s) in terms of content. Consequently, CineCrowd has no, or at most very limited, control over the quality, safety, legality, integrity or accuracy of the (various parts of) the communication between project holder and supporter pursuant to the rights and obligations set forth in the agreement.
5.2 project holder, supporter and any other user of the SITE shall indemnify CineCrowd now and in the future against all claims by third parties for damages related to the communication between the aforementioned parties as well as between aforementioned parties and CineCrowd pursuant to the rights and obligations set forth in any agreement or other legal relationship.
5.3 Under no circumstances shall CineCrowd be liable for the manner in which project holders, supporters or others makes use of the services rendered and/or equipment and associated facilities supplied by CineCrowd. In particular, project holders, supporters or others shall indemnify CineCrowd against claims by third parties that concern the content of files, data and/or materials made available on its SITE(S) by CineCrowd.
5.4 CineCrowd is not liable for any damages caused by nonfunctioning or malfunctioning of its services, equipment or facilities, unless there is intent or gross negligence on the part of CineCrowd.
5.5 If CineCrowd is liable as a result of attributable failure, this liability will be limited to the immediate material damages that are related directly to the failure. Liability for any form of indirect or consequential damage is excluded.
5.6 CineCrowd is entitled to (temporarily) deactivate its SERVICE, or to restrict its use or to terminate the services rendered in name of CineCrowd without prior notice, without having to state a reason and without CineCrowd incurring any liability for damages or compensation.
5.7 CineCrowd does not guarantee that the SERVICE by CineCrowd will be available at all times without interruption or malfunctioning.
5.8 In addition to other (legal) means that are at the disposal of CineCrowd, CineCrowd has the right to temporarily restrict the activities related to CineCrowd as undertaken by the project holder or the supporter, to terminate the account temporarily or permanently and/or to delete the account and/or to continue to exclude the account, to remove files, data and/or materials, to inform the users of the SITE of the activities, to issue a warning, and to refuse to provide services to the project holder or to the supporter or to other users of the SITE, under certain circumstance that include, but are not limited to:
- if the project holder/supporter/other user(s) of the SITE act(s) contrary to the General Terms and Conditions and/or contrary to these Special Provisions;
- if CineCrowd is unable to verify or ascertain any or all information provided to CineCrowd by the project holder/supporter/other user(s) of the SITE;
- if CineCrowd believes that the actions of the project holder/supporter/other user(s) of the SITE will cause damages or liability on the part of themselves or on the part of other users, or on the part of CineCrowd. CineCrowd will in no way be held liable for this.
6.1 It is possible that the SITE contains links to third party website (for example, by way of a hyperlink, banner or button). CineCrowd has no control or influence over the content and policies of these websites. When you visit these websites, you are subject to the (privacy) rules of that site. Consequently, CineCrowd is not responsible for the content and methods of these websites and accepts no liability whatsoever for these websites.
6.2 CineCrowd will not make personally identifiable information available to third parties without the express permission of the person concerned and CineCrowd uses personal information only in accordance with its Privacy Statement.
Article 7. Other provisions; applicable law
7.1 These General Terms and Conditions are governed by Dutch law. Any and all disputes arising from this agreement will be brought exclusively before the competent court in Amsterdam.
SPECIAL PROVISIONS CineCrowd – project holder
Article 1. Account
1.1 In order to make use of the SERVICE(S) of CineCrowd, the project holder is required to create a personal account in the manner described on the CineCrowd SITE.
1.2 The handling fee for a project approved by CineCrowd and placed on the SITE of CineCrowd is a one-off charge and non-refundable amount of € 50,- excl. 21% VAT, effective per September 1st, 2015.
1.3 The project holder is, if a natural person, 18 years of age or older.
1.4 The project holder shall guarantee to CineCrowd that the information provided by the project holder to CineCrowd is complete, truthful and accurate, including but not limited to the personal information concerning the project holder such as his or her name and e-mail address.
1.5 The project holder is solely responsible for withholding the password that allows access to his or her personal account from others and will not provide others with access to CineCrowd by means of his or her personal account.
1.6 The project holder is personally responsible for anything that results from others using his or her personal account, with or without the consent or knowledge of the project holder, in the period prior to the time that the project holder is informed by CineCrowd of any unauthorized use. In addition, the project holder is responsible for reporting all revenue received through CineCrowd to the tax authorities, if required, and to account for and administer such revenue according to the usual legislation.
1.7 10% of all donations to a PROJECT will benefit the CineCrowd Foundation, for the purpose of its continuation as well as the objectives that are described in the Foundation's mission statement.
1.8 The agreement as included in the Appendix to the General Terms and Conditions will be used, in all fairness, as a basis for any agreement between the PROJECT HOLDER and CINECROWD. If separate arrangements have been made, these will prevail over the text stated in the Appendix.
Article 2. Submitting a PROJECT
2.1 Natural persons and legal entities may submit a PROJECT to CineCrowd.
2.2 The project holder is, if a natural person, 18 years of age or older.
2.3 The project holder must have a bank account in the country of residence.
2.4 The Board of CineCrowd determines whether a PROJECT will be placed on the SITE.
2.5 CineCrowd acts as an editor and filter, and allows itself as such to be guided by:
a. the quality of previous projects by the filmmakers;
b. the degree to which a PROJECT meets the requirements set forth in the General Terms and Conditions and/or the Special Provisions;
c. the extent to which a project holder honors or has honored the obligations arising from the Placement Agreement and the General Terms and Conditions and the Special Provisions, at present or in the past;
d. the quality and feasibility of the submitted content (trailer, photos, updates), script and proposed crew.
Article 3. Duration and content of PROJECT
3.1 The PROJECT will have a maximum duration of 24 months, including all activities pertaining to providing information, fundraising and project realization, which duration begins on the date that CineCrowd places the PROJECT on the SITE.
3.2 Unless otherwise agreed with one of the partners, the PROJECT will have up to six (6) months to achieve sufficient funding through the SITE, which duration begins on the date that CineCrowd places the PROJECT on the SITE.
3.3 CineCrowd is a platform for film projects. In this context, a PROJECT is defined as a unique submission, limited in time and resources, to be concluded with a project result. CineCrowd is not a platform to be used to fund the general operating costs of organizations. Any support requested must therefore be related directly to the realization of a PROJECT.
3.4 If CineCrowd is of the opinion that a PROJECT is conflicting with the terms and conditions mentioned here, CineCrowd reserves the right not to place the PROJECT on the SITE, or to remove the PROJECT from the SITE and to continue to exclude the PROJECT from the SITE, with or without consulting the partner(s) involved. CineCrowd will inform the project holder of such a decision by e-mail with reasons given. The decision by CineCrowd is final.
Article 4. Responsibilities of the project holder in relation to the PROJECT
4.1 The project holder is responsible for realizing, monitoring, evaluating and following up on the PROJECT.
4.2 The project holder shall keep the supporter(s) informed of the progress of the PROJECT, by way of the CineCrowd SITE, in at least the following ways:
a. providing information regarding the progress of the PROJECT: in the course of realizing the PROJECT, the project holder will keep the supporter(s) who are donating to the PROJECT informed on a monthly basis with regard to the progress of the PROJECT by placing content on the PROJECT PAGE of the CineCrowd SITE (such as text, photos and videos). .
b. answering questions posed by the supporter(s): the project holder must respond to the questions of the supporter(s) as much as is possible within the limits of reason.
c. announcing new developments related to the PROJECT: the project holder announces new developments related to the PROJECT as soon as possible on the PROJECT PAGE of the CineCrowd SITE.
4.3 the project holder places a CineCrowd banner or a link to the CineCrowd SITE on his or her own website, if he or she has a website.
4.4 if the above responsibilities are not met to the full satisfaction of CineCrowd, CineCrowd reserves the right not to place the PROJECT on the SITE, or to remove the PROJECT from the SITE and to continue to exclude the PROJECT from the SITE.
SPECIAL PROVISIONS CineCrowd – supporter
Article 1. Account
1.1 In order to make use of the SERVICE(S) of CineCrowd, the supporter is required to create a personal account in the manner described on the CineCrowd SITE.
1.2 The supporter is, if a natural person, 18 years of age or older.
1.3 The supporter may terminate his/her account at any time.
1.4 The supporter shall guarantee to CineCrowd that the information provided by the supporter to CineCrowd is complete, truthful and accurate, including but not limited to the personal information concerning the supporter such as his or her name and e-mail address.
1.5 The supporter is solely responsible for withholding the password that allows access to his or her personal account from others and will not provide others with access to CineCrowd by means of his or her personal account.
1.6 The supporter is personally responsible for anything that results from others using his or her personal account, with or without the consent or knowledge of the supporter, in the period prior to the time that the supporter is informed by CineCrowd of any unauthorized use.
1.7 Up to 10% of all donations (excl. 21% VAT) to a PROJECT will be allocated to the foundation's operational costs, fundraising and any other costs and investments that will guarantee the sustainability of the CineCrowd Foundation.
1.8 If a PROJECT cannot be realized, the supporter may transfer his or her donation to another project, or be refunded the full amount minus a handling fee.
1.9 The supporter will not make any effort to influence the filmmaker supported in the realization of the project, whether this is on the artistic side, the concept, the people involved or any other relevant way as governed by the Dutch Media Authority.
Article 2. Access and content
2.1 In application of the General Terms and Conditions and the Special Provisions CineCrowd – supporter, the supporter in principle retains the copyrights and other intellectual property rights that properly belong to the supporter with regard to the files made available by the supporter through CineCrowd.
2.2. The supporter acknowledges and agrees that by making available files, data and/or materials to CineCrowd (by which in the context of these provisions is also meant: uploading them), the supporter automatically:
a. grant a free unlimited, worldwide, non-exclusive license to CineCrowd to (i) use, reproduce, distribute and disclose the files, data and/or materials for the purpose of the SERVICE of CineCrowd and to (ii) use and reproduce the files, data and/or materials (and to allow third parties to use and reproduce them) through any medium whatsoever for the purposes of marketing and/or promotion related to the SERVICE of CineCrowd;
b. grant CineCrowd the right to remove any of the files, data and/or materials made available by the supporter from the CineCrowd servers and SERVICE, intentional or unintentional, for whatever reason, without CineCrowd being held liable by the supporter or by a third party in any way whatsoever.
2.3 The activities undertaken by the supporter in the context of CineCrowd may not (i) be misleading or based on untruths, (ii) infringe upon the rights of third parties, including copyrights, neighboring rights, trademark rights or any other intellectual property rights or rights regarding the protection of privacy, (iii) be contrary to any law, regulation, ordinance or other applicable legislation, (iv) contain viruses, Trojan horses, worms, bots or other software that could damage, disable, render inaccessible, delete or appropriate an automated work or data.
2.4 The supporter guarantees to CineCrowd that he/she is authorized to make use of (the services of) CineCrowd and to act in accordance with the General Terms and Conditions as well as with these Special Provisions. In addition, the supporter promises to honor the obligations arising from the General Terms and Conditions and these Special Provisions at all times, and to abide by all laws and regulations that apply to the use of CineCrowd.
2.5 The following is a (non-exhaustive) list of content that may not be made available on CineCrowd by the supporter under any circumstances (such at the sole discretion of CineCrowd):
- content that is discriminatory with respect to appearance, race, religion, sex, culture, ethnicity, or that could be considered offensive in any other way;
- content that incites violence and/or the harassment of another or others and/or leads to, or is the result of, the exploitation or abuse of others;
- content that is contrary to good morals or good taste, that is violent or that contains a link to pornographic material or a pornographic website;
- content that discloses personal information;
- content that facilitates or perpetrates illegal activities;
- content involving chain mail, junk mail or spamming;
- content that requests passwords or other personally identifiable information for the purpose of commercial or illegal activities;
- content involving commercial activities without the prior written consent of CineCrowd, such as advertisements, lotteries, contests or pyramid schemes;
- content including a photograph or image of another person without the consent of that person.
SPECIAL PROVISIONS project holder – supporter
Article 1. Responsibilities of the project holder in relation to the supporter
1.1 The project holder will keep the supporter informed of developments related to the PROJECT by means of the update section on the PROJECT PAGE.
1.2 Project holder shall ensure that, once the PROJECT has successfully been funded through CineCrowd, the supporter will receive the agreed reward within a period of three months or, in exceptional cases, by a specified date. The obligation to provide the supporter with the reward in a timely fashion lies with the project holder; CineCrowd bears no responsibility for this.
CineCrowd.nl respects and protects the privacy of its users and will take the necessary steps to protect any personal information concerning its users. This Privacy Statement explains what types of information CineCrowd.nl receives and collects when the user makes use of the CineCrowd.nl SITE and the SERVICE.
Since the SERVICE is intended, among other things, for users to share information with third parties, it is important to specify what type of information we share with third parties and what type of information the user himself or herself makes available to third parties through the SITE. The user is responsible for any content shared through the SITE, as well as for any information made available on the SITE to third parties by the user. Under no circumstances will CineCrowd.nl sell personal information concerning its user to third parties. The information we collect, as described below, will be used only to make possible the use of the SERVICE and the SITE by the user. Despite the policy not to sell personal information concerning its user to third parties and not to use such information for any other purpose than to make possible the use of the SERVICE and the SITE, users should be aware of the fact that any information they themselves share on the SITE may be discovered and used by third parties without the involvement of CineCrowd, including (but not limited to) so-called search engine crawlers, bots and other tools. When sharing information, users should always consider the foregoing.
Information collected by us:
Information provided by users
When the user creates a CineCrowd.nl account, we request certain personal information such as name, address, place of residence and e-mail address. The user is asked to create a password for the CineCrowd.nl account.
Any Content placed on the SITE by the user, including texts, images, photos and audio(visual) files, is stored and saved on our servers in order to be placed on the SITE and to be used for the purpose of providing the SERVICE. Content placed by the user is linked to the user's account.
When the user sends e-mails or other messages to CineCrowd.nl, CineCrowd is allowed to save this communication in order for notices, requests etcetera to be processed.
This type of information is usually supplied by web browsers and servers, such as the browser type used, language preferences, referring websites and the date and time at which the user accesses the website. This information is used to monitor the visits to the SITE.
We preserve and process personal information concerning our users in order to make the SERVICE and the SITE available to users. If a user sends a message through the CineCrowd.nl SERVICE or SITE, certain personal data will be identified in relation to the message. CineCrowd.nl will use the user's name and e-mail address to keep the user informed of updates related to certain projects, such in accordance with the settings selected by the user with regard to the use of the SITE. CineCrowd.nl is allowed to process its users' personal information to:
* send information to the user regarding the CineCrowd.nl account or other services;
* perform audits, research and analyses in connection with the maintenance and improvement of the SERVICE(S) and the SITE;
* monitor the technical functionality of the SITE and the SERVICE;
* develop new services.
CineCrowd processes personal information on its servers. If you are located outside the Netherlands, you should be aware that the personal information that has been provided by you to the SERVICE and the SITE will be transferred across national borders. You hereby consent to the transfer of information. You guarantee that you are entitled to take this information beyond the borders of your country and to the Netherlands.
CineCrowd.nl only shares personal information concerning its users with third parties in the following circumstances:
- If we have obtained the consent of the user to do so. Sharing your personal information always requires your explicit approval, possibly through an opt-in system.
- If we believe in god faith that accessing, using, preserving or sharing such information is reasonably required to
Safety of information
CineCrowd.nl takes the necessary safety precautions to protect the users, the SITE and the SERVICE against unauthorized access or unauthorized modification, disclosure of removal of information. These precautions include in-house evaluations of the practical implementation and the safety precautions related to collecting, saving and processing data, as well as ensuring the existence of physical security measures for systems on which the personal information is stored. Access to personal information concerning users is limited to the staff of the CineCrowd Foundations who need to have knowledge of such information in order to supply, develop or improve the SERVICE provided by CineCrowd.nl.
Any personal information collected by CineCrowd.nl will only be used for the purpose to which it was collected and in accordance with the Privacy Statement. CineCrowd.nl evaluates the collection, storage and processing of personal information to ensure that the collection, storage and processing of personal information is necessary only to provide and/or improve the SERVICE. We take all reasonable steps to guarantee that all processed personal information is accurate, complete and up-to-date, but such is dependent on being provided with correct information by the users.
Users may submit any questions and/or comments regarding this Privacy Statement or the processing of personal information to CineCrowd by sending an e-mail to info@CineCrowd.nl. With regard to collecting, storing and processing personal information, CineCrowd.nl adheres to the regulations adopted by the designated authorities.
The Privacy Statement may be amended periodically by CineCrowd.nl. CineCrowd.nl will not be allowed to restrict the rights granted to you in this Privacy Statement without your consent. Any amended version of the Privacy Statement will be placed on the SITE. In case of substantial changes, the user will receive explicit notification thereof.
APPENDIX - AGREEMENT PROJECT HOLDER - CINECROWD
The agreement below will be used, in all fairness, as a basis for any agreement between the PROJECT HOLDER and CINECROWD. If separate arrangements have been made, these will prevail over the text stated below.
CROWD FUNDING CONTRACT - CINECROWD
The CineCrowd Foundation, having its domicile in Amsterdam, legally represented by In-Soo Radstake, hereinafter referred to as “CineCrowd”
Name: XXX Address: XXX Place of Residence: XXX, legally represented by XXX, hereinafter referred to as “the producer” (the PROJECTMANAGER)
hereby agree as follows:
THE PRODUCER DECLARES:
· that he has the necessary authorization to enter into the obligations stated in this agreement;
· that he will produce the film, entitled XXXX, hereinafter referred to as "the film”;
· that the film will be directed by XXXX, hereinafter referred to as “the director”;
· that the script for the film has been written by XXXX;
· that the final agreement between the producer and the director dated XXX and the final agreement between the producer and the scriptwriter dated XXX has been submitted to CineCrowd by the producer and has been approved by CineCrowd; that upon completion the film will fulfill all conditions set forth in the financing agreements;
· that there are currently no legal procedures underway that might impede the production of this film;
· that he indemnifies CineCrowd against all claims by third parties relating to this film;
· that he will not do or omit anything that may harm the rights of CineCrowd;
· that he will fulfill all obligations as set forth in the General Terms and Conditions of CineCrowd, in particular those obligations towards supporters.
C O N D I T I O N S
1. PROJECT DESIGN
The (technical) specifications of the film are included in Appendix 1 to this agreement.
2. PRODUCTION COSTS AND FINANCIAL CONTRIBUTION
2.1. The total production costs of the film will amount to XXX (written out: XXX Euro).
Total sum of donations transferred to the CineCrowd bank account in name of the film: xxx Euro
10% of the total sum of donations to be paid t the CineCrowd Foundation: xxx Euro
The total sum of financial contributions by individuals and businesses to the film's production costs as acquired through CineCrowd amounts to: (total sum of donations – 10% of total sum payable to CineCrowd): xxxx Euro (written out: XXX Euro).
This total sum will be transferred in two stages, see Appendix 3.
The producer declares:
· that he will take responsibility for ensuring that the film will be ready to be exhibited;
· to use the received contribution only for the purpose of covering the production costs of the film.
. he has paid the handlingfee of € 50,- (excl. 21% VAT) to Stichting CineCrowd
2.2. The contribution by CineCrowd will be paid in installments as specified in Appendix 3, provided that the producer has fulfilled all obligations set forth in this agreement.
3. TERMS OF PAYMENT
3.1. The payments by CineCrowd will take place in accordance with Article 2, subsection 2.
· The producer will keep proper records with regard to the film, showing which funds have been spent, which funds have been received and which funds remain to be received.
· The costs of the film will be administrated using a chart of accounts that corresponds with the budget as discussed with CineCrowd.
· The second payment will take place only if all conditions of Article 3 have been met.
3.2. Within three months after the commencement of the exploitation of the film, the producer will submit an overview of production costs and expenses (final settlement) to CineCrowd.
3.3 Within three months after the commencement of the exploitation of the film, the producer will submit two DVDs, a digital pro res – version of the film and a digital version of the official film poster to CineCrowd.
3.4 The producer has correctly delivered all rewards (as indicated on the SITE) to all supporters.
3.5 The producer has fulfilled all commitments as described in Appendix 4.
4. VISIT TO THE FILM SET
4.1. The producer is obliged upon request to allow a representative of CineCrowd or a person appointed by CineCrowd to be present during the shooting of the film or during any other activities related to the production.
5. MENTION ON CREDITS
5.1. Given the special nature of the PROJECT, the CineCrowd logo as well as the statement "Financed by crowd-funding” shall be added to the credits.
5.2. The producer will ensure that this mention on the credits will also be observed by third parties who are licensed to exploit or exhibit the film, or have it be exhibited. .
5.3. The producer will make a minimum of 5 reservation available at the CineCrowd premiere for CineCrowd Board members, members of the Advisory Board, CineCrowd ambassadors and CineCrowd staff.
6. TRANSFER OF MATERIALS TO CINECROWD
6.1. Within three months after the exploitation of the film, the producer will submit a DVD of the film to CineCrowd.
6.2. The producer grants CineCrowd the right to exhibit the film starting one year after its release in the context of their usual activities, including those for publicity and promotional purposes. Within the first year after the film's release, CineCrowd may only exhibit the film in a closed setting, so that opportunities for festival selections and/or sales will not be jeopardized. CineCrowd needs the producer written approval to screen the movie on each occasion.
6.3. The producer shall produce a statement showing that the co-producers and co-financiers have accepted the foregoing provisions. The producer shall indemnify CineCrowd et al against claims from third parties when using the film as referred to above.
6.4. The Producer hereby grants CineCrowd et al the right to use publicity material and stills from the film free of rights for publicity purposes in connection with the usual activities of CineCrowd et al. This right of display includes the right to disclose publicity material through digital media. The producer shall indemnify CineCrowd et al against claims by third parties relating to the use of this material.
6.5. The film will be made available through the CineCrowd YouTube channel for a period of at least one year after the premiere. This means that the film will be made freely available to the public. Crowd funding is made possible by the public, therefore the CineCrowd films are also for the public. If the producer indicates that the commercial life of the film can be extended, the period specified in this clause will be extended in consultation with the producer.
7. SUSPENSION OF THE AGREEMENT
CineCrowd may suspend the payment of the installments, in accordance with Appendix 3 to this agreement, if:
· the production comes to a (temporary) halt, for whatever reason;
· it is proven that the producer has provided CineCrowd with incorrect or incomplete information;
· the producer does not fulfill the obligations that arise from this agreement.
8. REVOKING THE CONTRIBUTION
8.1. If the producer, after the occurrence of one or more of the circumstances mentioned in Article 7, is unable, within a reasonable period set by CineCrowd, to indicate how the production will continue, CineCrowd is entitled to revoke its financial contribution and to recover any advances already paid.
8.2. In any event, CineCrowd will be allowed to revoke its financial contribution if any of the following circumstances occur:
• the producer is granted suspension of payment;
• the producer in declared bankrupt;
• the producer should die;
• the producer as a legal entity enters into liquidation;
• the producer as a natural person is placed under guardianship;
• the producer refuses or is unable to continue or complete production, except in cases of force majeure.
8.3. CineCrowd must notify the producer by registered letter that the financial contribution has been revoked.
8.4. In cases of force majeure, and if such force majeure has been recognized by CineCrowd, CineCrowd will determine new conditions in consultation with the producer in order to make possible the completion of the film. The responsibility to prove force majeure lies with the producer.
8.5. In the context of this agreement, Force majeure includes in any case the forced termination of the film's production:
· as a result of unforeseen national and/or international political and/or economic tension;
· as a result of a national disaster or state of emergency;
· by order of any statutory authority;
· as a result of natural disasters which the producer could not reasonably have safeguarded himself against.
8.6. In cases as referred to in subsection 2 of this Article, CineCrowd reserves the right to recover any installments already paid.
The Appendices attached to this agreement shall be deemed to form an integral part of this agreement.
Amendments to this agreement only become applicable if agreed in writing, signed by both parties and attached to this agreement, with the exception of a (partial) revocation of the contribution as referred to in Articles 8.1 and 8.2.
11. APPLICABLE LAW
This agreement is governed by Dutch law.
The producer declares to have taken note of the full text and Appendices of this agreement and to agree to it.
Thus drawn up and signed in duplicate in Amsterdam, xx-xx-xxxx
for the CineCrowd Foundation, for the producer,
In-Soo Radstake XXXXXXXXX _____________________________ _____________________________
Managing Director XXXXXXXX
Total sum: XXXX
Payable to CineCrowd (10% of total sum excl. 21% VAT): XXX -
Total sum to be received by the producer (final sum): XXXX
first installment: € X.XXX,- (90% of the final sum) upon the signing of this agreement and insofar as the producer will have complied with al relevant conditions of the agreement at that time.
second installment: € X.XXX,- (10% of the final sum) upon acceptance of the film by CineCrowd and insofar as the producer will have complied with al relevant conditions of the agreement at that time. Payment is always upon written request by the producer.
Compensation. The following compensation (rewards) must be provided by the producer.