The following Terms and Conditions form part of the Agreement entered into by Filament Pictures with participants in the proposed Scheme of Crowd Funding of Documentary Film, hereinafter referred to as “Crowd Funding of Documentary Film”
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
• “Participant”, “You” and “Your” refers to all participants in Filament Pictures’ proposed Crowd Funding of Documentary Film.
• “The Company”, “Ourselves”, “We” and “Us”, refers to Filament Pictures Private Limited, a Company incorporated in Mumbai and in the business of producing content for film and television.
• “Party”, “Parties”, or “Us”, refers to both the Participant (individual) and Ourselves, or the Participants or Ourselves.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
WHEREAS, Filament Pictures, a Company registered in Mumbai, India and in the business of making content for film and television, and is currently producing the documentary film tentatively titled “The Rat Race”.
And WHEREAS for the completion of balance of production to broadcast standards and for the subsequent promotion of the film and entry to and screening in film festivals, etc., the Company has budgeted for Rs. 20,00,000/- (Rupees Twenty Lakhs only)
And WHEREAS the Company has floated present Scheme of Crowd Funding of Documentary Film in an effort to raise a maximum of Rs. 20,00,000/- from willing participants to the Scheme,
And WHEREAS you (the participant) have carefully reviewed the information regarding the documentary film “The Rat Race” and the details of the Crowd Funding of Documentary Film from the Company website and have agreed to participate in the same.
Now heretofore the parties agree as under.
1. Participation in Crowd Funding of Documentary Film
Filament Pictures Private Limited has offered participation in the Crowd Funding of Documentary Film vide voluntary contributions as per as per the following slabs:
1. Rs. 1,000/- (Rupees One Thousand only) to Rs. 10,000/- (Rs. 10,000/- only)
2. Rs. 25,000/- (Rupees Twenty Five Thousand only)
3. Rs. 50,000/- (Rupees Fifty Thousand only)
4. Rs. 1,00,000/- (Rupees One lakh only)
2. Returns on Contributions
The returns on contribution (ROC) as per participation in the different slabs is as follows:
• Rs 1000 – Rs 10,000
ROC – a customized, autographed CD of the documentary film “The Rat Race” along with a souvenir of the like a T shirt, mouse pad, coffee cup etc.
• Rs 25,000
ROC – a customized, autographed CD of the documentary film “The Rat Race” along with a souvenir of the like a T shirt, mouse pad, coffee cup etc. and 1 free pass to the India Launch Party of the Rat Race
• Rs 50,000
ROC – a customized, autographed CD of the documentary film “The Rat Race” along with a souvenir of the like a T shirt, mouse pad, coffee cup etc. and 2 free pass to the India Launch Party of the Rat Race
• Rs 100,000
ROC – a customized, autographed CD of the documentary film “The Rat Race” along with a souvenir of the like a T shirt, mouse pad, coffee cup etc. and 4 free passes to the India Launch Party of the Rat Race, name in the social media pages as a valued partner, visibility in flyers, festivals and other promotional aspects of the Rat Race, name as VALUED PARTNER in the beginning of END CREDITS
3. Contributions to the Crowd Funding of Documentary Film
All contributions to the Crowd Funding of Documentary Film will be made by cheque or bank transfer payable to Filament Pictures Private Limited. All participants to the Crowd Funding for Documentary Film will need to fill out a declaration stating that they have read and understood and agree to abide by the Terms and Conditions of the Scheme of Crowd Funding of Documentary Film. The contributions to the Crowd Funding of Documentary Film will be treated as revenue in the books of accounts of Filament Pictures.
4. The Company reserves the right to decline any individual offer for participation in the Crowd Funding of Documentary Film at it’s own discretion without offering any reason for the same. Contributions made by the participants to the Crowd Funding of Documentary Film are refundable at the sole discretion of the Company.
5. Filament Pictures Private Limited intends to use the funds raised via the Crowd Funding of Documentary Film for the purpose of completion of the balance of film and for the sales promotion of the film and it’s entry in various Film Festivals. However the Company is not restrained from utilising the funds raised in any other manner it sees appropriate, nor are there any specific performance guarantees made regarding the quality of the final output, nor it’s subsequent broadcast, sales and/or revenue realisation.
6. Retention of creative license and control
Filament Pictures Private Limited will continue to retains all creative license and control in the story and execution of the documentary film “The Rat Race” and no such rights are deemed to be conferred / transferred to any participant within the Scheme of Crowd Funding of Documentary Film.
7. Retention of all copyright, ownership rights and rights to merchandising
Filament Pictures Private Limited will continue to retain all copyright and all ownership rights of the documentary film “The Rat Race”, including the right to merchandising based upon the documentary film “The Rat Race”, and no such rights are deemed conferred to any participant within the Scheme of Crowd Funding of Documentary Film.
8. Privacy Statement / Confidentiality
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any contrary or damaging actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Participant records are regarded as confidential and therefore will not be divulged to any third party, only if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Participant Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Participants with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
9. Disclaimer – Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; fan pages; and
excludes all liability for damages arising out of or in connection with your use of this website or other allied web pages. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
10. Acceptance
This Agreement sets forth the legally binding terms for your participation in the Crowd Funding of the Documentary Film. By using the Services, and in consideration of Provider providing the Services to you, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you have not registered with the Website) or you are a “Member” (which means that you have registered with the Website). The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, and make use of the Services available only to Members, you must read this Agreement and indicate your acceptance during the Registration process.
11. Use of Services and additional terms
This Agreement includes Provider’s policy for acceptable use of the Services and content posted on the Website, your rights, obligations and restrictions regarding your use of the Services and Provider’s Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement
12. Eligibility
By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (including your email address); (c) where registration as a Member is required in order to use a Service you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation.
No person below the age of 18 shall be considered a valid participant / party to this agreement or avail of any offer or make payment vide any offers, promotions, or services advertised on any of our websites or fan pages. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age. Any such occurrence will be deemed null and void.
13. Non-commercial Use
The Services are for the personal use of Users, or where specified, Members only and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by Provider. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website is prohibited. Commercial advertisements and other forms of solicitation are prohibited. Links may be removed at our discretion for any reason. Legal action maybe taken for any illegal or unauthorised use of the Services or the Website.
14. Payment
Only Personal, Account Payee Cheques or RTGS Bank Transfer are all acceptable methods of payment. Our Terms require immediate payment in full as contributed by you within seven days. All rights, merchandize, credits, goods remain the property of the Company until paid for in full. Returned cheques will incur a charge of INR 500 to cover banking fees and administrative costs. Consequently, all transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
15. Indemnity
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your participation in the Crowd Funding of Documentary Film in violation of this Agreement, and/or arising from your use of or conduct on the Website or in use of the Services and/or a breach of this Agreement
16. Availability
Unless otherwise stated, the offers or services featured on our website, blogs or fan pages are only available within India, or in relation to postings from India. All advertising is intended solely for the Indian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, offers, programs and text available through this site.
17. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company.
18. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
19. Links to this website, blogs or fan pages
You may not create a link to any page of this website, blogs or fan pages without our prior written consent. If you do create a link to a page of this website, blogs or fan pages, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
20. Links from this website
We do not monitor or review the content of other party’s websites, blogs or fan pages which are linked to from this website. Opinions expressed or material appearing on such websites, blogs or fan pages is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
21. Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in India and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
22. Communication
Filament Pictures Private Limited is a Company registered in India. The Registered Office is 615 Hillside, D-Wing, Raheja Vihar, Powai, Mumbai 400072.
Contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
23. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
24. Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
25. Term and Termination
This Agreement is deemed to be continued in perpetuity, except if terminated by the Company at its own discretion
26. Governing Law
This Agreement is governed by the Indian Judicial system as determined by the High Court of Judicature in Mumbai. By accessing this website and by agreeing to use our offers and promotions, you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
27. Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site.
If there are any changes in how we use the participants’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
28. These terms and conditions form part of the Agreement between you the Participant and ourselves. By electronically accepting the Terms and Conditions of the Scheme of Crowd Funding of Documentary Film, this indicates your understanding and willing participation of the Crowd Funding of Documentary Film, and agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.