Rights Holders Terms and Conditions

Last updated: Dec 20, 2017.

CINE-BOOKS Entertainment Limited (herein after referred to as "the Company"), on the one part, and any interested person that accepted this offer placed online at cine-books.com, on the other part, presuming that the terms and conditions below do not in any way contradict, but complement the Terms of Use, hereby (hereinafter "the Terms & Conditions") agreed the following:

1 Terms and definitions

For the purposes of these Terms & Conditions, the terms below are used in the following meanings:

The Company means CINE-BOOKS Entertainment Limited, including its affiliates, subsidiaries, agents and partners.

The Parties means the Company and any interested person.

Website is the Internet site owned by the Company and having the URL of cine-books.com, where the User can place information on his or her projects, products, special offers, and Gifts for further reading the information about projects and an opportunity to transfer funds to the Project.

User is any individual over 18 years old, addressing the Company information, materials, and services by visiting the Website.

Application is a form with required information about the Work, individually filled in and placed by the User on the Website with limited access "for the Company only." The Application shall be verified by the Company within a reasonable time. The Company itself makes a positive or negative decision on granting the Application the status of Project, upon which the User shall receive a corresponding notice. The bases for refusal from the placement may include, inter alia, incompliance with ethical and moral criteria, inacceptable for the Company volume of the Work offered by the User, no copyright held by the User, non-compliance with the Company's genre policy.

Project is the announcement of publishing the Work in a digital format with the features specified by the Company to raise donations within a limited period and also to collect data on the Users interested in participating in these Projects. Project-based publication of the Work is performed by the Company under the conditional publishing agreement by and between the User-owner and the Company.

Cine-books (format) is a unique digital book format developed by the Company, which enables to present the Work in three synchronized options—either simultaneously or at the choice of the final consumer, namely: READ - a highly illustrated e-book with photo realistic illustrations; LISTEN - an audio mode with professional voice-acting and soundtracks; WATCH - a motion slide picture mode.

Backer is a User over 18 years-old participating in the Project by means of donating to it.

Gift is a material item or a non-material object that the giver voluntarily presents free of charge for the pleasure and benefit of the recipient of the gift. The commitment for keeping the promise on providing the gift is taken by the person who declares to be the giver.

Personal Account is the personal area of the User over 18 years-old on the Company Website for placing information about themselves, their Works, Gifts, and managing personal information. The access to the Personal Account is provided after the successful registration procedure. It is possible to submit Applications only via the Personal Account.

The other terms and definitions, not mentioned above in paragraph 1 hereof, shall be defined in compliance with the interpretation accepted in the Internet, business practices, and the existing laws of Cyprus.

2 General provisions

The Company provides, through the Website, the platform for Project implementation.

When the Company submits a Project to the Website, it invites Users to become Project Backers.

In case of successful donation raising for the Project by quantity and time, specified on the Website, the Company shall complete it and fulfill all its obligations.

During the entire implementation process, the Company shall honestly and openly inform the Backers of the Project's progress. At the same time Backers shall understand that when participating in the Project they help create something new. Therefore, the Company may face changes or delays, which may entail the emergence of the circumstances, preventing from completing the Project in the timely manner.

Provided these circumstances emerge through the fault of the Company, the latter shall put all reasonable efforts to find another way of achieving the Project results, which enable the Company to perform its obligations to the Backers in this situation. Therewith:

  • the Company shall publish an update on the website, explaining the work completed, the way of using Funds and what prevents it from completing the Project, as planned;
  • the Company shall work pro bono to bring the Project to the best possible result within the time frame communicated to the Backers;
  • and
  • the Company offers to refund proportionally any outstanding Funds to the Backers, or explains how these funds will be used to complete the Project in any alternative form.

3 Finance

The Backer provides his or her payment details, but the payment is not charged. The payment will be charged only if, by the time of the Project funding expires, it achieves its fundraising goal.

The Company shall not charge the commission fee from the donation amount. The only deductions, which the Backer might have to make, are related to the money transfer, which must be covered by the Backer at extra cost according to the payment service providor's terms. Provided the Project does not achieve its fundraising goal, no money will be charged.

In some cases, the Company may reserve the declared by the Backer amount on his/her bank/credit card. The Backer may change (increase or decrease the contribution) or cancel his or her promises at any time before the deadline of the Project funding, except for the period of the final 24 hours of the campaign when he or she is not allowed to decrease the amount or cancel the promise, without contacting support service, if this action lowers the Project's chances to achieve its funding goal.

The estimated date of the Project's completion shall be defined by the Company.

The Company or User-owner may need information from the Backers, required for the performance of their obligations, including a postal address, the size of clothes, etc., e.g. for giving a gift, etc. In this case, the Backer needs to be provided this information within the reasonable period.

4 Company rights and obligations

The Company is entitled to change and/or amend the conditions hereof unilaterally without any special notice to the Users. These Terms & Conditions are open and publicly accessible. The valid edition hereof is on the Company website at: cine-books.com. The Company advises all stakeholders to check the conditions hereof regularly in terms of their changes and/or amendments. Continuation of Website use by all the stakeholders after changes and/or amendments hereto by the Company shall mean the unconditional and full acceptance and agreement of the User with these changes/amendments.

In case the User violates the conditions hereof, the Company is entitled to block his or her access to the Website, as well as cancel, e.g., the Personal account with or without prior notice.

The Company is entitled to contact the stakeholders by the contact details provided and advise the latter on executing/confirming/paying for the participation in the respective Project.

The Company shall perform day-to-day Website management, identify its appearance and structure, grant or restrict access of the stakeholders to the website, and take any other actions required for website normal operations.

The Company shall inform the Backer of the fact of receiving the donation under the respective Project by sending an electronic notice, containing the confirmation, to the electronic address of the Backer, specified while registering at the Company Website.

5 User rights and obligations

User's registration on the Website is free and voluntary. The Company does not charge Users for using the Website services, unless otherwise explicitly provided herein.

When registering on the Website, the User shall indicate the required reliable and updated information to create the Personal account, including the unique User login (electronic mail address or a combination of Latin letters and digits to enter the website) and the password to access the Website, as well as the full name.

The User shall be responsible for the reliability, validity, completeness and compliance of the provided registration information with the laws of Cyprus and its release from any third-party claims.

When registering, the User agrees with the terms hereof and accepts the rights and obligations set herein in relation to the Website use and operations, and with the defined by the Company conditions of participation in respective Projects.

By accepting the terms hereof when registering on the Website, the User, provided the placement of the information, considered personal by law, on the Website, agrees for its processing either using the means of automation or without using them, in particular, the collection, storage, transfer to third parties, and the use of the information by the Company for the purposes of its performance of the obligations to the User hereunder.

After the successful registration of the User on the Website, the Company assumes all rights and obligations to the User, indicated herein.

The login and password selected by the User are required as well as sufficient information for the User to access his or her Personal account. The User is not entitled to assign his or her login and password to third persons, is fully liable for their security, individually selecting their method of storage. On his/her hardware, the User may allow storage of the login and password (using the cookies files) for further automatic authorization on the Website.

Any actions taken by using the login and password of the User are considered to be taken by the respective User. In case of unauthorized access to the login and password and/or Personal account, or distribution of the login and password unauthorized by the User, the latter shall immediately inform the Company thereof by sending an e-mail to business.

Accepting these Terms & Conditions, the User agrees to receive information and advertising materials of the Company by electronic mail, indicated by the User on the Company website when registering. If the User does not wish to receive the above information, he or she shall request to cancel this communication by sending an e-mail to business or changing the respective notice settings in the Personal account.

The User shall provide reliable and complete information when registering on the Company Website and using it afterwards. If the User provides unreliable information or the Company has reasons to consider the information provided by the User is incomplete and/or unreliable, the Company is entitled, at its own discretion and without any further responsibility to the User, to block the User's access to the Website and ban the use of the Company Website by the User, either with or without prior notice.

The User, before becoming a Backer, shall individually check the Project content, conditions, procedure, organization and implementation of the Project, and other Company's additional requirements and conditions for participating in the respective Project. In case of any questions regarding the Project implementation, the User may request specific information from the Company by sending an electronic request.

In case of any questions related to the procedure and methods of donating, the User may contact the Company for further information.

At the same time, the User shall read about the methods of donating and the commission fees of the payment systems for the participation in the Project, placed on the Company Website, and select the most convenient payment terms.

When using the Company Website, the User is not allowed to:

  • use the Website in any way that contradicts the terms hereof and/or the valid informational laws, any other applicable laws and regulations including but not limited to, laws of the Republic of Cyprus;
  • misinform, misrepresent, insult, threaten, or otherwise infringe upon the rights and freedoms of other Website Users, the Company, Backers, and/or any other third persons;
  • use the Company Website in the harmful way that may interrupt normal and continuous Website operations;
  • access or attempt to access the Company Website, or any part/function of the Website, as well as any network, connected to the Website in an unauthorized manner;
  • place any personal information related to Users or other third persons without their consent thereto, carry out any illegal collection, and/or processing of any personal information of other Users and/or other third persons;
  • misinform Users and/or third persons regarding his/her personality;
  • use any hardware, programs or processes, algorithms, or any other automated devices and software to access the Company Website; purchase, copy, or trace any of its parts avoiding the open Website navigation system, to obtain or attempt to obtain any materials, documents, or information using any means not specifically provided for by the Website.

In case of infringement, the Company is entitled to reject or restrict access to any information, placed on the website, as well as block User's access to the website without the Company's prior notice to the User and an explanation of the reasons to do so.

6 Other ways of cooperation with the Company

The Company is open for cooperation and implementation of joint Projects with each User – the author, publisher, any other copyright holder, and Backers. The Company additionally offers the ways of cooperation listed below, while the conditions of each of them are stipulated in separate agreements to be signed between the Company and the interested party:

a) publishing agreement (therewith the rights to the Work are transferred from the copyright holder to the Company);

b) distribution agreement, under which the Company undertakes to distribute the work (all rights to the work are held by the copyright holder except for the rights necessary to the Company to perform its obligations);

c) investment agreement, under which any third person may act as an investor to publish the work for its further distribution;

d) production agreement, under which the Company, upon the customer's request and at its expense, edits and publishes the Work in the required format.

The Company reserves the right to make the final and sole decision on the format of cooperation or on rejection of the latter.

7 Liability

The Company shall not be liable for any damage or losses caused to the User or any other third persons due to the errors or inaccuracies in the information indicated on the Company Website. All possible disagreements shall be settled by the User and the Company by negotiations.

In case of no access to the Website, fully or partially, due to the preventive work or other technical activities, ensuring normal Website operations, the Company shall not be liable to the Users for their failure to receive any information.

The User is fully liable for any issues arising during the User's registration, donation payment, and investment confirmation. The Company is not liable for any damage or losses of the User caused to the latter due to the error or negligence of the User when using the Website.

8 Confidentiality and personal information protection

By accepting the terms hereof when registering on the Website, the User, provided placement on the Website of personal information to the Personal Account, agrees to his or her processing, either with or without using the means of automation, in particular, collection, storage, transfer to third persons, and the use of the information by the Company for the purposes of performing its obligations hereunder. Personal data of the User shall be processed while they are placed on the Website, with the exception of cases established by law.

Despite the fact that the personal data voluntarily provided by the User shall become accessible to Company or other Users, while processing these personal data, the Company shall take all reasonable organizational and technical actions for their protection from unauthorized access by persons other than Users.

The Company shall not be liable for the security and content of the personal data published by the Users in the part of the Website open to any third persons.

9 Intellectual property

The Company is not the holder of the copyright or any other rights to the content that the User publishes on the Website. However, by publishing content, the User allows the Company to use or copy the content that is necessary to demonstrate and promote Projects, providing the Company with the respective licenses by default. The User shall be liable for the content published by him or her.

When using the content, the Company is entitled to make changes, e.g., edit or translate it. The User provides the Company the right to change, reformat, extract, remove, or translate any content.

The User undertakes not to publish any copyright protected content unless he or she is entitled to use it. Any royalties or licenses regarding the User's content shall be paid by him or her individually.

The Company shall not be liable for any errors or omissions in the User's content.

10 Dispute settlement

These Terms shall be governed by construed and enforced in accordance with the laws of Cyprus.

The Parties are responsible for complying with local and other laws if and to the extent such laws are applicable. The Parties specifically agree to comply with all applicable laws concerning the transmission of technical data exported and/or re-exported from the country of the Parties.

The Parties shall seek to resolve any disputes between the User and the Company arising out of the Terms (including any issues regarding its implementation, performance, validity, or termination) by negotiations.

Provided the Parties fail to come to an agreement within thirty (30) calendar days, the dispute shall be settled by the respective competent state court of Cyprus.

In case any provision hereof becomes unlawful, void, or for any reason unenforceable, it shall not affect the validity and enforceability of the remaining provisions hereof.

11 Other conditions

The conditions set herein and also the conditions set in other documents referred to in the text of these Terms & Conditions are exhaustive and do not need any additional clauses. They supersede all other messages and offers (verbal, written, or electronic) between the User and the Company. Provided any condition hereof is recognized invalid by law, this condition will be restricted in use or removed so that the remaining Terms & Conditions are not affected and stay fully binding to the Parties. The impossibility for the User or the Company to use any right, specified herein, shall in no way be considered a waiver from any other rights hereunder.

The User may not assign its obligations hereunder (except for heirs, in the case of opening the procedure of inheritance) to any third person without written consent of the Company. The Company may assign any of its rights and obligations hereunder without prior consent of the User.




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