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User Aggrement

Cinemafon User Agreement

This User Agreement ("Agreement") is a legally binding contract between you ("User") and Cinemafon Limited ("Cinemafon," "we," "us," or "our"). By accessing or using our Website (https://cinemafon.com) and services, you agree to be bound by the terms and conditions outlined below. If you do not agree with any part of this Agreement, you must not use our Website or services.


ARTICLE 1: PARTIES

1.1. CINEMAFON

  • Name: Cinemafon Limited
  • Company Number: 15722951
  • Registered Office Address: Suite E3080, 82a James Carter Road Mildenhall, Suffolk, IP28 7DE United Kingdom
  • E-MAIL: info@cinemafon.com

Banking Details:

  • Bank Name: Citibank
  • Branch: 
  • Beneficiary: Cinemafon Limited


1.2. USER

  • Full Name: [Collected upon registration]
  • Address: [Collected upon registration]
  • E-Mail: [Collected upon registration]

The user's bank details are collected for the repayment of funds when purchasing funds. Monthly repayments are made to these specified accounts.

  • Bank Name: [Provided by user]
  • Branch: [Provided by user]
  • Account Holder (Beneficiary): [To be provided by the user]
  • IBAN: [To be provided by the user] (International Bank Account Number)
  • SWIFT/BIC Code: [To be provided by the User] (Required for international transfers)

ARTICLE 2: DEFINITIONS

In this Agreement:

  • a. CINEMAFON: Refers to Cinemafon Limited, a company registered in England and Wales.
  • b. WEBSITE: Refers to https://cinemafon.com.
  • c. USER: Refers to any individual or entity who accesses, uses, or registers for an account on the Website, thereby accepting the terms of this Agreement.
  • d. AGREEMENT: Refers to this User Agreement, including any referenced policies or guidelines on the Website.
  • e. FILM: Refers to film projects announced on the Website for the sale of funds by Cinemafon, to be produced by various third-party producers (individuals or legal entities), in which the User can purchase funds, subject to the specific terms and conditions displayed on the Website for each Film.
  • f. FUND: Refers to the financial contribution made by the User on the Website for a specific Film, with the potential for reclamation by the Users, subject to the conditions stated on the Website and specific Film terms.
  • g. PERSONAL DATA: Has the meaning given to it in the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

ARTICLE 3: SUBJECT AND SCOPE OF THE AGREEMENT

3.1. This Agreement, alongside our Privacy Policy and Cookie Policy (both of which are hereby incorporated by reference and accessible on the Website), govern the terms and conditions of the services offered by Cinemafon and the rules for using the Website. By approving this Agreement or by using the Website and creating a membership, the User explicitly undertakes to comply with all these terms. If these conditions are not acceptable to you, please refrain from using the Website, its services, and from creating a membership.

3.2. Cinemafon operates solely as a platform facilitating the connection between Users and Film projects. We are not the owner, producer, or direct financer of the FILMS listed on the Website. Cinemafon is not obligated to vet the content provided by third-party producers (whether individuals or legal entities) nor to investigate the legality or appropriateness of such content, or the goods or services related to it. Users acknowledge that Cinemafon's role is limited to providing the platform.

3.3. Acceptance of this Agreement grants the User the right to benefit from the general operation and basic services of the Website. The ability to purchase Funds or access privileged services offered by the Website may require separate acceptance of additional terms and conditions specific to those services, which will be clearly presented on the Website.


ARTICLE 4: TERMS OF USE

4.1. Membership and Security: Membership to the Website is currently free of charge. Privileged services offered by the Website may be subject to fees, as specified on the Website. The User is responsible for selecting a secure username and password during registration. Cinemafon bears no responsibility for the security or confidentiality of your username and password. You must not share your login credentials, and you are solely responsible for all activities that occur under your account, whether authorized or unauthorized. In the event of unauthorized use of your account, you must immediately notify Cinemafon. Cinemafon reserves the right to seek recourse from the User for any and all judicial and administrative fines, damages, or losses incurred due to the User's failure to protect their account credentials or unauthorized use stemming from the User's negligence. Membership rights, username, and password are non-transferable.

4.2. Accuracy of Information: All information provided by the User during registration (including, but not limited to, name, address, telephone, and e-mail) must be accurate, current, and complete. Cinemafon is not obliged to verify the accuracy or timeliness of such information. The User is solely responsible for any damages incurred by Cinemafon, other users, or third parties resulting from inaccurate, incomplete, or outdated information provided by the User.

4.3. User Conduct and Communication: The User is solely responsible for their interactions and communications with other users and any other person using the Website. When communicating with other users, or with Cinemafon employees, Users must not engage in or disseminate content that is:

  • Racist, hate speech against any group or person, or discriminatory.
  • Violative of personal rights, insulting, degrading, harassing, or advocating harassment.
  • Praising, promoting, or facilitating illegal or terrorist activities.
  • Creating unfair competition or engaging in unfair trade practices.
  • Threatening, obscene, defamatory, sexually harassing, or slanderous.
  • Misleading, deceptive, or abusing the lack of experience or knowledge of third parties.
  • Endangering life or property safety, harmful to public health, or abusive to vulnerable individuals (e.g., patients, the elderly, children, disabled people).
  • Any other content or behavior contrary to general morality and public order. Violation of these provisions may result in the immediate termination of the User's membership, restriction of Website access, and, where necessary, reporting to official authorities. Cinemafon also reserves the right to seek recourse from the User for any and all judicial and administrative fines, damages, or losses incurred due to such violations.

4.4. Indemnification: In the event of non-compliance with the terms of this Agreement, or if the User's actions cause harm to Cinemafon or a third party for any other reason, the User accepts, declares, and undertakes sole responsibility for the consequences, both legally and criminally. The User agrees to compensate Cinemafon for any and all damages that may arise for this reason and acknowledges Cinemafon's right of recourse for any judicial and administrative fines and/or compensation it may be compelled to pay. The User further agrees to promptly pay the full amount related to the exercise of these rights, in cash.

4.5. Cooperation with Authorities: If an investigation is initiated or a trial is heard concerning the User due to any criminal behavior or other reasons, whether before, during, or after the use of the service, Cinemafon will cooperate with relevant judicial authorities and share all information and documents in its possession upon request.

4.6. Disclaimer of Content Accuracy: Cinemafon does not guarantee the accuracy, completeness, or usefulness of any information on the Website. We do not accept or endorse the accuracy or reliability of any ideas, advice, or explanations provided by any person displayed on the Website, and we assume no responsibility for such content. The publication of content by Cinemafon does not absolve the author of their sole responsibility for that content, nor does it imply Cinemafon's endorsement or responsibility.

4.7. Prohibited Content and Actions: Cinemafon reserves the right, but not the obligation, to remove any content on the Website that it deems illegal, prohibited, or in violation of this Agreement, and to terminate the membership of individuals responsible for such content. This provision includes, but is not limited to, content that:

  • a. Violates any applicable UK law, secondary legislation, or promotes illegal activities or terrorism.
  • b. Is racist, incites hatred, or promotes physical harm against any group or individual, or is overtly offensive.
  • c. Contains statements contrary to general morality and public order, dishonest, inaccurate, deceptive, misleading, or abuses the lack of experience and knowledge of third parties.
  • d. Harasses or advocates harassment of another user or a third party, or contains insulting and abusive expressions.
  • e. Constitutes junk mail, chain mail, unsolicited mass mailing, or spamming.
  • f. Shares or promotes information known to be false or misleading.
  • g. Constitutes unfair competition, includes unfair trade practices, limits competition, or violates national and/or local consumer protection laws.
  • h. Encourages threatening, obscene, defamatory, and slanderous behavior.
  • i. Constitutes or encourages the illegal or unauthorized copying of copyrighted work (e.g., pirated computer programs or links, information to circumvent copy protection, pirated media files or links to them).
  • j. Contains banned, password-accessible, hidden pages, or images (not linked from an accessible site).
  • k. Exploits individuals, provides sexual or violent material, or requests personal information from minors.
  • l. Provides instructional information about illegal activities (e.g., manufacture/purchase of illegal weapons, violation of privacy, creation/dissemination of computer viruses).
  • m. Requests passwords or personally identifiable information from others for commercial, illegal, or any other unauthorized purposes.
  • n. Involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes without explicit authorization.
  • o. Records, spreads, or misuses the Personal Data of others without their consent.
  • p. Violates the intellectual and industrial property rights of third parties, such as trademarks and patents.

4.8. Data Usage for Reporting: Cinemafon may prepare and use reports containing aggregated and anonymized demographic information derived from data on the Website. Such reports and/or statistics may be shared with business partners and third parties, with or without charge. These transactions do not constitute a violation of Cinemafon's Privacy Policy, provided that no Personal Data of individual Users is disclosed.

4.9. Third-Party Links: The Website may contain links or references to other websites not under the control of Cinemafon. Cinemafon is not responsible for the content of these external sites or any further links they may contain. Accessing such third-party websites is at the User's own risk.

4.10. Intellectual Property: All visual and written content presented on the Website is for personal, non-commercial use only. Cinemafon is the licensee or owner of all materials and associated intellectual and industrial property rights, including but not limited to, domain names, logos, graphics, sound, icons, designs, text, images, HTML code, other programming codes, technical data, applied sales systems, business methods, and business models within the Website content. These rights are fully protected by law. It is strictly forbidden for the User to publish, reproduce, distribute, or otherwise use any element from this site in another medium or website without explicit prior written permission from Cinemafon.

4.11. Software Rights: The software used in the design of the Website and the creation of its underlying database belongs exclusively to Cinemafon. It is strictly forbidden to copy, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the aforementioned software and technologies used.


ARTICLE 5: AUTHORITIES OF CINEMAFON

5.1. Service Modification and Suspension: Cinemafon reserves the right to temporarily suspend, completely cease, or modify the operation of the Website and its services at any time, when deemed necessary. The User acknowledges and accepts that as they do not pay any usage fee to Cinemafon for the general use of the Website, Cinemafon bears no responsibility for the cessation or suspension of the system, and therefore the User cannot make any demands or claims against Cinemafon in this regard.

5.2. Termination of Access: To protect the integrity and proper functioning of the Website, Cinemafon may, at any time and in its sole discretion, suspend or block the User's access to the Website. Furthermore, if Cinemafon determines that the User has violated this Agreement, or to the extent required by the circumstances, it may terminate this Agreement without cause, temporarily or permanently prevent the User from using the Website, revoke membership rights, and suspend membership. The User accepts and declares that Cinemafon has no responsibility in this regard and therefore cannot make any demands against Cinemafon.

5.3. Service Pricing: Cinemafon reserves the right to introduce fees for some or all of its services in the future, or to continue offering them free of charge. The pricing and commission policy for certain services may vary from time to time based on factors such as the number, intensity, or quantity of services purchased or provided.

5.4. Communications: Cinemafon may send the User promotional offers, information about new services or projects, or news via e-mail or push notifications. If the User wishes to opt out of receiving such communications, they may do so by following the unsubscribe instructions provided in the communication itself or by sending a written notification to info@cinemafon.com.

5.5. Verification: If it deems necessary, Cinemafon may use SMS, e-mail, or other technical means to verify the e-mail address, mobile phone number, and other information provided by the User.

5.6. Dispute Resolution (Intellectual Property): In the event of a conflict between the User and other persons using the Website concerning the infringement of intellectual property rights, Cinemafon is obliged to take action based on a final and enforceable court decision presented to it. In other cases, Cinemafon will act at its own discretion.


ARTICLE 6: RESPONSIBILITY OF CINEMAFON

6.1. Limitation of Liability: To the maximum extent permitted by applicable law, Cinemafon shall not be liable for any data loss, damages, or losses arising from the acts, omissions, or behaviors of any third party, Website users, advertisers, and/or sponsors, or relating to the operation or use of the Website, or the implementation of the terms herein. This limitation of liability does not exclude liability for death or personal injury arising from Cinemafon's negligence, or for fraud or fraudulent misrepresentation.

6.2. Security and Availability Disclaimer: Cinemafon takes reasonable precautions for the security of the Website and User data. However, it does not accept any responsibility for the consequences that may arise if User information is unlawfully obtained by malicious third parties due to attacks on computer networks and existing database information, or if such information is used maliciously. Cinemafon does not guarantee that the Website will be error-free, uninterrupted, or secure, or that the use of the Website or any content, search results, or links on it will provide specific results. Furthermore, Cinemafon does not guarantee that any file downloaded from the Website will be free of viruses or other undesirable or disruptive features.

6.3. Indirect and Consequential Damages: Cinemafon shall not be liable for any direct, indirect, material, or moral damages, including but not limited to bodily harm or emotional distress, that may arise as a result of the behavior of third parties regarding the use of the Website.


ARTICLE 7: DATA RETENTION AND EVIDENCE AGREEMENT

7.1. Data Retention: User information and other data registered in the Cinemafon system will be retained in accordance with our Privacy Policy and applicable UK data protection laws, including the UK GDPR. The retention period for specific data types will be determined based on legal obligations, operational needs, and the purpose for which the data was collected.

7.2. Evidential Value: The parties declare, accept, and undertake that in any dispute arising from this Agreement, the commercial books and records of Cinemafon, along with the data stored in Cinemafon systems (including electronic records), shall constitute conclusive evidence.


ARTICLE 8: AMENDMENT TO THE AGREEMENT AND THE ENTIRE AGREEMENT

8.1. Amendments: Cinemafon reserves the right to unilaterally change or amend this Agreement, its Privacy Policy, and Cookie Policy at any time to ensure the continuity of its services, meet future technical requirements, or comply with legislative changes. In case of any significant change, Cinemafon will publish the updated terms of use on the Website with a new effective date under the same link. Where required by law, Cinemafon will notify the User of such changes via e-mail or mobile push notification and, if necessary, seek the User's re-acceptance. The updated Agreement will be effective from the moment it is published on the Website, and continued use of the Website or its services thereafter will constitute acceptance of the renewed terms.

8.2. No Waiver: Unless a written waiver signed by the officials of the party waiving their rights in this Agreement is explicitly given to the other party, neither party shall be deemed to have waived any of their rights under this Agreement.

8.3. No Implied Acceptance: The negligence or delay of one of the parties in fulfilling any of its rights and obligations arising from this Agreement shall not be construed as tacit acceptance or a waiver of those rights or obligations.

8.4. Severability: If any part of this Agreement is deemed unlawful, invalid, or unenforceable by a competent court, such unlawfulness, invalidity, or unenforceability shall not affect the validity or enforceability of the remaining provisions of the Agreement, which shall continue in full force and effect and remain binding on the parties.


ARTICLE 9: ADDRESSES, NOTICES AND NOTIFICATIONS

9.1. Official Addresses: The addresses declared by the parties in this Agreement, or the address notified by the User to the Website during registration, are considered legal notification addresses. If a party changes its address, it must immediately notify the other party in writing. Failure to do so means that a valid notification sent to the previously declared address will be deemed effective, even if the notification is returned undeliverable.

9.2. Electronic Notifications: The e-mail address provided by Cinemafon in this Agreement, and the e-mail address provided by the User during registration, shall also be considered valid addresses for written notifications. Notifications sent to these e-mail addresses shall be legally binding between the parties.


ARTICLE 10: APPLICABLE LAW AND COMPETENT COURT

10.1. Governing Law: This Agreement and any non-contractual obligations arising out of or in connection with it, its interpretation, the determination of all kinds of obligations arising from it, and the resolution of all disputes and other matters, shall be governed by and construed in accordance with the laws of England and Wales.

10.2. Jurisdiction: The Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).


ARTICLE 11: ENTER INTO FORCE

11.1. Term: This Agreement will remain in effect for as long as the Website is in use by the User and until a new, updated agreement is presented to and accepted by the User by Cinemafon.

11.2. Acceptance: This Agreement, consisting of eleven (11) articles, is accepted by the parties electronically. The Agreement enters into force from the date the User electronically accepts these terms, thereby acknowledging and undertaking all conditions and obligations specified herein.