Terms and Conditions

THE GIST:

We (the folks at Cinetopia) run a film distribution platform called Cinetopia.cc and would love for you to use it. Our basic service is free and we may in the future offer paid upgrades and services. When using the service in a successful way by a host sells tickets to a audience and shares the revenue between the filmmaker, the host and Cinetopia according to the distribution model. Our service is designed to give you as much control and ownership over what goes on with your film as possible. However, be responsible in how you use the site. In particular, make sure that none of the prohibited items listed below appear on your film profile or get linked to from your film profile (things like spam, viruses, or hate content).

Terms of Service:

The following terms and conditions govern all use of the Cinetopia.cc website and all content, services and products available at or through the website. The Website is owned and operated by Fabel Kommunikation AB. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Cinetopia's Privacy Policy) and procedures that may be published from time to time on this Site by Cinetopia (collectively, the “Agreement”).

Your Cinetopia.cc Account and Site

If you create a film profile on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the film profile. You must not describe or assign keywords to your film profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Cinetopia may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Cinetopia liability. You must immediately notify Cinetopia of any unauthorised uses of your film profile, your account or any other breaches of security. Cinetopia will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate a film profile or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, video content or computer software. By making Content available, you represent and warrant that:

By submitting Content to Cinetopia for inclusion on your film profile, you grant Cinetopia a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your film profile. If you delete Content, Cinetopia will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Cinetopia has the right (though not the obligation) to, in Cinetopia's sole discretion (i) refuse or remove any content that, in Cinetopia's reasonable opinion, violates any Cinetopia policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Cinetopia's sole discretion. Cinetopia will have no obligation to provide a refund of any amounts previously paid.

General Terms.

If a host chooses to screen your film and succeed to meet the goal of tickets sold at the minimum price of more a contract is created between the film owner and the host. The contract authorises the host to screen the film for the audience under the conditions stated in the event. At the time of the contract creation a transaction between the film owner and the host is carried out. The composition of the transfer is defined in the revenue share model.

Responsibility of Website Visitors

Cinetopia has not reviewed, and cannot review, all of the material, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Cinetopia does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cinetopia disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which cinetopia.cc links. Cinetopia does not have any control over those non-Cinetopia websites and webpages, and is not responsible for their contents or their use. By linking to a non-Cinetopia website or webpage, Cinetopia does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Copyright Infringement and DMCA Policy

As Cinetopia asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cinetopia.cc violates your copyright, you are encouraged to notify Cinetopia. Cinetopia will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cinetopia will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cinetopia or others. In the case of such termination, Cinetopia will have no obligation to provide a refund of any amounts previously paid to Cinetopia.

Notice and procedure for claims of copyright inringement

If you believe that any Content, User Material, or other material provided through the Cinetopia Services, including through a link, infringes your copyright, you should notify Cinetopia of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement that Cinetopia receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Cinetopias copyright agent at dmca@cinetopia.cc (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:

Attention: Copyright Agent

Fabel Kommunikation AB

Sveavägen 31.

S-111 39 Stockholm SWEDEN

To be effective, the notification must be in writing and contain the following information:

Emails sent to dmca@cinetopia.cc for purposes other than communication about copyright infringement may not be answered.

Intellectual Property. This Agreement does not transfer from Cinetopia to you any Cinetopia or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cinetopia.

Advertisements

Cinetopia reserves the right to display advertisements on your film profile.

Changes.

Cinetopia reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cinetopia may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Cinetopia may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cinetopia.cc account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided "as is". Cinetopia and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cinetopia nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Cinetopia, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cinetopia under this agreement during the twelve (12) month period prior to the cause of action. Cinetopia shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Cinetopia Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Sweden or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Cinetopia, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

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