These particular terms and conditions (the "Conditions") are in addition to the General Conditions
which apply to users who have subscribed to the International Film Festival Rotterdam ("IFFR") website (the "Site Members").
These Conditions apply in the event a Site Member wishes to also subscribe as Cinema Reloaded co-producer, to use the IFFR's Cinema Reloaded website (the "Site"), and/or to donate to one or more Cinema Reloaded film projects (each a "Project"). By subscribing as a Cinema Reloaded co-producer and by accessing the Site, the Site Member shall be deemed to have accepted these Conditions.
Article 1. Purpose
The purpose of these Conditions, which regulate the (contractual) relationship between the Site Member and the Site, is to define the conditions under which the Site Member:
Article 2. Projects
- has access to the Site and the services provided under the Cinema Reloaded project plan as set out in paragraph 5 of these Conditions and/or the Cinema Reloaded Q&A available on the Site;
- participates in the production of one or more Projects and, where applicable, obtain a mention in the final credits of a Project; and
- may obtain a copy of Project upon realization thereof (at all times for private use only) through video-on-demand.
Article 2.1. The Development Stage
A Site Member who wishes to make a contribution to a Project (the "Investment") may do so during its development stage. Each Investment will finance part of the development budget for a Project (including, but not limited to, costs for scripts, writing, acquisition of adaptation rights, filming, etc.).
A Site Member making an Investment may indicate the Project of his preference as set out in paragraph 4 of these Conditions. The Site will (subject to the terms in these Conditions) ensure that the Investment is transferred to the Project's filmmaker, upon realization of the minimum budget for the relevant Project.
For each individual Project, the IFFR will determine:
- a financing threshold which needs to be reached before the development stage can begin. The minimum budget to realize a Project is to be determined between film maker and IFFR per individual Project; and
- a deadline before which the relevant financing threshold must be reached. By way of example only: for Projects envisaged to be finalized before the IFFR 2011, the deadline is 31 December 2010.
If a Project receives sufficient funding before the funding deadline, it will be put into development, and the Investment will be invested in the Project and the Site will make the funds available to the Project.
2.2. The distribution stage
For every Project, all rights and all income and profit will be for the filmmaker, except if otherwise agreed between the filmmaker and the IFFR. The IFFR shall be entitled to income and profits realized in the Netherlands, Belgium and Luxembourg, for which area the IFFR shall own the theatrical rights. No Site Member shall hold any rights to any income or profit realized by any Project, regardless of the amount of Investments made by such Site Member.
Article 3. Purchase of Coins, making of Investments
A Site Member may make Investments by purchasing project coins (each a "Coin") on the Site, and using the Coins for Investments as set out in paragraph 4 of these Conditions. Each Purchase of Coins must be for EUR 5 (five euro) or multiples thereof. The amounts contributed are inclusive of any taxes, if applicable.
Coins are purchased by the Site Member through the payment page on the Site, in accordance with paragraph 6 of these Conditions.
An overview will be provided by the Site to the Site Member detailing the amount of the Investments made by the Site Member and the number of Coins still available to the Site Member.
Article 4. Investment, preferred Projects, Project termination
4.1. Investment in a Project. Preferred Projects
A Site Member can make an Investment by designating a certain number of purchased Coins to any Project available on the Site.
If and when the financial threshold set by the IFFR is timely achieved, the relevant Project shall go into development and/or production, and the Investment will be made in the preferred Project.
When making an Investment, a Site Member will be asked to indicate the Project of its preference.
In the event a Site Member makes an Investment (i) without indicating a preferred Project by the relevant deadline for the Project as set by the IFFR or (ii) indicating a preferred Project which ultimately does not go into development or production, then the IFFR and the Site will designate the Project to which the Investment will be allocated.
In no event shall the Site Member be entitled to a refund of an Investment. The IFFR and the Site have the right to limit the amount of possible Investments into any particular Project.
4.3. Cancellation / abandonment of a Project
The Site Member acknowledges and accepts that, due to circumstances, a Project may be or may have to be cancelled or abandoned following the making of the Investments. In such event, the Site Member shall not be entitled to a refund of its Investment.
The Site Member acknowledges and accepts that, due to circumstances, a producer of a Project may or may have to cancel or abandon the Project following the making of the Investments. In such event, the Project may be sold and/or ceded to a third party producer wishing to continue the production of the Project. If and when the IFFR receives any funds in relation to such sale and/or cession, the IFFR and the Site will allocate such funds to an alternative Project.
Article 5. Site Member's rights
Upon a Site Member making an Investment in a Project, the IFFR and the Site shall provide to the Site Member the following general services and services specific to the Projects to which a Site Member contributes by making an Investment (the "Services"):
Article 6. Payment procedures
6.1. Purchase of Coins, payment
- access to the Site, with the possibility of maintaining a digital profile. The profile may be private or a publicly available, subject to the choice of the Site Member, whereby paragraph 8 of these Conditions applies;
- access to the forum, intended to offer a platform to discuss the relevant Project;
- access to downloads of one or more special widgets for the promotion of the Project;
- access to privileged information, updates and news regarding the Project, directly from the people involved in the Project;
- the right to obtain a copy of the Project upon realization thereof (at all times for private use only) through video-on-demand;
- if the Site Member has contributed an Investment of at least five (5) Coins to a Project: the right to obtain a mention in the final credits of a Project either by role (co-producer) or by name (as entered in the Site Members online user-profile) if you became a co-producer before 11 January, 2011; and
- depending on availability and at all times at the sole discretion of the Site and the IFFR: an invitation to the theatrical premiere of the Project
The purchase of Coins and payment thereof can take place only through the payment page(s) on the Site.
The Site may offer various ways of online payment, including but not limited to bankcard (ideal), credit card, PayPal, etc.. The Site Member is free in its choice between the options offered at any time by the Site. The Site is not obliged to facilitate any specific form of payment and may at any time decide to add or remove one or more payment form options.
The amount of the payments for purchase of Coins shall be deemed paid only when the Site receives validation from the relevant financial institutions. Payment for the purchase of Coins cannot be cancelled or rescinded by the Site Member, and the IFFR and the Site shall have no obligations to refund any payment.
The Site shall ensure privacy and security for the Site Members payment details. The Site shall undertake reasonable efforts to maintain a safe and protected environment system.
The Site shall not be liable for any damage, loss or harm caused to any Site Member as a result of or in connection with a payment through the Site.
6.3. Electronic signature and records
There is an explicit understanding between IFFR, the Site and the Site Member that the utilization of the Site Member's identification and personal access codes, as required, sufficiently identifies a user as the Site Member.
The Site may for reference purposes keep a record of all transactions between the Site and the Site Member.
Article 7. Cancellation of Site membership
A Site Member may request cancellation of its account at any time. Cancellation of an account can be requested through the account cancellation page on the Site, and in writing or email to the Site's ad-ministrators by using the contact form. The IFFR and the Site shall have no obligation to refund any Investment made or Coins purchased.
Article 8. Data confidentiality and privacy
The Site shall ensure the confidentiality of all personal information with regard to the Site Members. The Site and the IFFR shall not share any no such information with any third party but may use such information for purposes related to their own (market) research and customer relationship management.
The profile information which has been designated as publicly available by the Site Member shall be excepted from this confidentiality obligation, and may be published for the benefit of the IFFR, the Site, and any and all Projects, including for promotional purposes (including but not limited to the IFFR’s daily newspaper and other IFFR festival publications).
Article 9. Changes to the Conditions
The IFFR has the right to amend and to replace, in whole and in part, these Conditions at any time. The IFFR will inform the Site Members of any changes to these Conditions through the Site.
Last updated: January 14, 2011