B2B TERMS AND CONDITIONS

Last updated: Oct 26, 2018.

Your use of web-site https://cine-books.com (the Platform), including all the software hosted on it, including but not excluding otherwise, CINE-BOOKS-player, means your consent with the terms of these B2B Terms, including B2C-Agreement and Security Agreement (Privacy Policy). CINE-BOOKS means CINE-BOOKS Entertainment Limited with a principal place of business at 4 Afentrikas, Afentrika Court, Office 2, 6018, Larnaca, Cyprus.

These B2B Terms declare principles and terms, according to which Platform is ready to interact with you, and is not a collection of step-by-step algorithms for using a Platform in any case.

Technical and legal definitions and terms, which are not specially defined, should be interpreted in the usual way, as they are generally accepted in technology and jurisprudence.

1. Platform description

Platform – is a place, where Literary Right Holders can propose by posting as Digital Content their works – books/stories, including but not excluding otherwise, scripts etc. – for creating a Product, their fans – vote for the works, participate in crowdfunding and consume Digital Content and Products, Content-Producers – film them for their own money or for the money of investors or put them on crowdfunding, and Investors – finance Product creating.

Digital Content, which is posted, should not be pornographic, contain excessively violent scenes etc. The Platform has a right not to allow for posting any Digital Content uploaded by a user without explanation of reasons.

In the case when film rights for the works (book/story, including script) were purchased through the Platform or as a result of negotiations held on the platform, the Product, created by such a work, should be distributed through the Platform on exclusive terms. In the case, if the Product is ready for consumption, the Platform gets non-exclusive distribution rights for this Product unless otherwise specified. Distribution is carried out by the Platform by all available channels and instruments.

2. Service access

To get access to all opportunities of the Platform or other elements of the Platform, you need to create an account. During creating your account, you should provide full, correct and reliable information. It’s important for you to provide safe storage of your account password.

You should notify the Platform about any security violation or unauthorized use of your account about which you became aware immediately.

You agree, that you are solely responsible (to the Platform and other entities) for any acts performed from your account.

3. Platform members

B2B Terms are used to every users of the Platform, who have registered at least in one of these roles: (a) Literary Rights Holder; (b) Content Producer; (c) Investor. Financial relationships between the Platform and its members are based on the following terms: https://cine-books.com/platform#revenue.

4. Digital Content

Digital Content includes texts, literature works, scripts, graphic images, photos, sounds, music, video, audiovisual combinations, interactive functions, and other materials, which you can view, receive or provide with the help of website www.cinebooks.com and application to it.

It is permitted to post, store and get access on request to Digital Content at the Platform, and the Platform does not make any changes or corrections to the Digital Content without coordination with the content owner.

5. Limitation of use of the Platform

You cannot use the Platform if you don’t agree with the terms of service. You cannot use the Platform and you cannot confirm your agreement with B2B Terms, if (a) you haven’t attained years when you can conclude a legally binding contract with the Platform, or (b) you are a person who is legally prohibited to receive or to use the Platform according to legislation your country of residence or country where You apply to the Platform or use it.

The platform reserves the right to make the changes to B2B Terms from time to time, for example, to reflect changes in regulatory acts or changes to functionality, which is provided by the Platform. For these purposes, you should check B2B Terms for such changes regularly. The abrogated version will be published at the address: https://cine-books.com/b2b-terms-and-conditions or provided within the Platform (in consideration with changed additional terms). If you don’t accept the changes to B2B Terms, You should stop using the Platform. Continuation of using the Platform after publishing changes to B2B Terms means your accordance with such changes.

6. General liability provisions

You agree that you are solely responsible to third parties for the violation of Your - both contractual and non-contractual – obligations, which arose resulting your use of the Platform, and a Platform is not responsible to you or to any third party in any case, and also for the consequences of such violation, including any loss and damage, which can be caused by the Platform.

In the case of concluding any contracts through the Platform or as a result of negotiations which were held at the Platform, you confirm that you have a right to conclude a contract, as to your legal capacity, competency and powers (in the case, if You conclude the contract on behalf on third entity).

7. Copyright

The Platform adopts a clear copyright protection policy for any Digital Content, which allegedly violates the copyright of the third party, by stopping access to such Digital Content.

As you are the owner of your Account and/or personal cabinet, we remind you that you are solely responsible as an owner of the account and/or a user of the Platform, in the case of your violation copyright or related to copyright rights, of the third party, or during using the Platform in illegal purposes.

Posting of Digital Content on the Platform does not mean the transfer of copyright to the Platform or giving a license, excluding the right to perform certain actions, due to the technical need and Platform operation logic.

8. Crowdfunding

If you initiate a fundraising process for your project – film adaptation of the work, you need to complete a crowdfunding form and send it to the Platform for review.

You should provide and maintain current information about you and contact details so that the Platform or Bakers can contact you, and you hereby agree to receive e-mails from the Platform and respond to them.

You start a crowdfunding campaign for a certain period. The collected funds will be transferred to your account by the Platform only after 7 working days from the date of completion of the project if at least 100% of the target amount of the project will be declared.

The Platform is not responsible for the total sum, received by you as a result of a crowdfunding campaign, what can happen, for example, because at the time of withdrawal of money the users may have a card expired or there is no necessary amount in the account or because of other reason.

The Platform doesn’t take any commission charge from the sum of donation.

The only deductions, which Baker will be obliged to make, are connected with money transfer, which should be extra paid by Baker.

The platform is not responsible in any way for technical problems in making payments, or for the validity of the sum which is promised to the project, and is not responsible for the acts of the parties, who do not complete their financial, payment and other obligations, which are directly or indirectly connected with the project, including obligations to the participants of the crowdfunding campaign.

You accept and agree that after the realization of the project – film adaptation of the work – you provide the Product, which is ready for distribution by all available to the Platform channels and instruments on exclusive terms.

Any payments, which are connected with the project, which are directly or indirectly connected with the Platform can be checked for the subject of the proper use of funds at any time, and for the subject of project implementation schedule. Verification procedure can be carried out an interview with you and/or audit of documents, which are connected with the financing of the project. You accept and agree that raised funds cannot be used for any other purposes then project realization.

You accept and agree that if the Platform –as during the fundraising, as during 60 days from the date of fundraising is closed has any doubts about your good faith or proper use of funds, you will immediately refund the entire amount of funds collected, including any taxes and fees charged by the Platform.

The rules of fundraising can be changed by the Platform at any time. In the case, if you don’t agree with such changes you should stop fundraising process for your project at the Platform.

You are solely responsible for the choice of legal form of business, completing the payment of taxes and financing the project and for the observance of terms of all contracts, which are connected with the project realization.

9. Confidentiality

The platform applies and constantly improves reasonable technical and organizational measures aimed to protect your personal information from accidental loss and from unauthorized access, use, modification or disclosure. However, the Platform cannot guarantee that unauthorized actions of third parties can never circumvent these measures and/or use your personal information for improper purposes. You confirm that you provide your personal information and any Digital Content or other information at your own risk, and you hereby free the Platform from any liability with respect to any failure of the Platform to protect such information and/or Digital Content.

10. Termination of your relationships with the Platform

If you wish to terminate the relationships with the Platform, you can do this by (a) submitting a notification to the Platform at any time and (b) closing your Platform account. You should contact our support team.

The platform may terminate the relationships with you at any time if:

(a) You have violated any of the terms of these B2B Terms (or your behavior clearly indicates that you do not intend or are unable to comply with the Terms of B2B Terms); or the Platform is obliged to do this by law (for example, if provision of the Platform services to you is or becomes unlawful).

(b) The Platform can terminate its contract with you if, in the Platform’s opinion, the provision of services to you is no longer commercially viable. Notification of termination of relations initiated by the Platform is sent to the email address specified in your account. The consequence of the termination of the relationship initiated by the Platform is the closure of your account, which occurs in 10 calendar days from the date of sending the termination notice.

(c) The platform is not responsible for any losses (direct or indirect) connected with the closure of your account.

(d) Termination of these B2B Terms does not affect legal rights, financial and other obligations that you or the Platform used or fall within (or that arose during the validity of these B2B Terms), or that are marked as continuing indefinitely, or that arose because of contracts concluded (directly or indirectly) through the Platform.

11. Warranty exclusion

No term of B2B Terms affects your rights under the law, which you cannot waive under contractual terms. The service is provided on the terms "as is", and the Platform does not give you any guarantees or assurance regarding it.

In particular, the Platform does not guarantee that:

  • Your use of the Platform will meet your needs,
  • Your use of the Platform will be uninterrupted, timely, safe or error-free,
  • Any information you receive as a result of your use of the Platform will be accurate or reliable, and
  • Defects in operation or functionality of any software provided to you through the Platform will be corrected.

Any terms, warranties or other terms (including any implied terms regarding satisfactory quality, suitability for intended use or compliance with the description) do not apply regarding the Platform, excluding those cases, when they are directly set in B2B Terms.

12. Limitation of Liability

No term of these B2B Terms excludes or limits the Platform’s liability for damages that cannot be excluded or limited by applicable law, including liability for an intentional violation. Considering the foregoing, the Platform is not responsible to you for:

(a) Any indirect or implicit damages you may incur. This includes lost profits, loss of business reputation, or loss of data that you have incurred;

(b) Any loss or damage that you may incur as a result of:
any case in which you relied on the completeness, accuracy or availability of advertising, or as a result of any relationship or transactions between you and another Platform member (Literary Rights Holder, Content Producer, Investor);

(c) Any changes that the Platform can make to the services or any permanent or temporary termination of the provision of services (or any opportunities under the Platform);

(d) Deletion, damage or inability to store Digital Content and other message data that are supported or transmitted through your use of the Platform;

(e) Your inability to provide the Platform with accurate account information;

(f) Your inability to keep your password or account information on the Platform secret. The limitations of the Platform’s liability to you, listed above, apply regardless of whether the Platform has been warned or should have been aware of the possibility of such losses.

(g) Responsibility in connection with the approval or disapproval of any proposed project (book / story, including script) for the film adaptation, the finished Product for distribution, with the approval or disapproval of the campaign of voting, crowdfunding, rewards, updates, comments and/or any other information posted on the Platform, or sent to the Platform.

13. General legal terms

B2B Terms constitute the entire amount of the terms and regulate your use of the Platform, and complement any other agreements between you and the Platform regarding services. You agree that the Platform can notify you, including with regard to changes of the terms of service provision, by e-mail, regular mail or through announcements on the Platform's website.

You agree that if the Platform does not use the remedy reflected in B2B Terms (or which the Platform has under any applicable law), this should not be considered as a formal waiver of the Platform’s rights, and such rights or remedies remain at the disposal of the Platform.

If the court, which has the competence to consider such a question, decides that any condition of these B2B Terms is invalid, this term will be excluded from B2B Terms without affecting the validity of the other terms. The remaining terms of B2B Terms remain valid.

You confirm and agree that each member of the Associated Companies Group (affiliates, agents and business partners of CINE-BOOKS, as well as their officers, directors, employees) to which the Platform belongs, are the beneficiaries of B2B Terms and that such companies are entitled to directly apply in court and rely on any term of B2B Terms that gives them an advantage (or rights). No other physical or legal entity is a third party beneficiary of B2B Terms.

The terms and your relationship with the Platform are regulated in accordance with B2B Terms, and all disputes arising from these B2B Terms or your use of the Platform are resolved in accordance with the applicable laws of the Republic of Cyprus. At the same time, the Platform has the right to apply for provisional measures (or other equivalent types of urgent legal protection) in any jurisdiction.




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