SPONSOR AGREEMENT
Last Updated: 01/30/2024
PLEASE READ THIS SPONSOR AGREEMENT ("AGREEMENT") CAREFULLY BEFORE MAKING A CONTRIBUTION USING THE CINEVITE PLEDGE PLATFORM. THIS AGREEMENT GOVERNS YOUR USE OF THE CINEVITE PLEDGE PLATFORM PROVIDED BY CINESTRUCT, LLC (“CINESTRUCT”, “WE”, “US”).
I. DEFINITIONS
In this Agreement, the following capitalized terms, unless otherwise defined, shall have the meanings set forth below:
“Campaign” refers to the fundraising initiative launched by a Partner Event on the Cinevite Pledge Platform for the purpose of raising funds for Title Owners’ projects.
“Title Owner” refers to the individual or entity that owns the rights to a film or project (referred to as the “Title”) and is responsible for fundraising for their Title through the Campaign.
“Event” refers to the film festival or similar event organized by a Partner Event where Titles are showcased.
“Platform” refers to the Cinevite Pledge Platform provided by Cinestruct, LLC, which is an online fundraising platform used by Partner Events and Title Owners for launching and managing online crowdfunding for Titles at Events.
“Partner Event” refers to the film festival organization or entity that has been pre-approved by Cinestruct, LLC to use the Platform for launching and managing a Campaign associated with their Event.
“Sponsor” refers to any individual, group, or entity that pledges financial support to a Title through a Campaign on the Platform.
“Pledge” refers to a commitment made by a Sponsor to donate a specified amount of money to a Title through a Campaign.
“Processing Fee“ refers to a mandatory service fee added to each Pledge transaction made by a Sponsor.
“Platform Fee“ refers to an optional fee that can be added to or removed from each Pledge transaction made by a Sponsor.
II. SPONSOR RULES
The following rules are applicable to Sponsors who hereby agree to be bound by same, in addition to all other rules and regulations applicable to Users under this Agreement:
A. Sponsoring a Title
Cinestruct provides Users the opportunity to make Pledges to any Title listed on the Cinevite website during its designated Campaign. The User that makes a Pledge is deemed the “Sponsor.“
Sponsors agree to provide their payment information at the time they pledge to a Title as required by Cinestruct and/or any Cinestruct approved third-party payment processors (such as Stripe).
A Sponsor can make a Pledge in an amount no greater than $500.00 per transaction. At the time when the Pledge is made, a third-party payment processor will add the Sponsor’s required credit card, or debit card, or other payment information to its payment system, as applicable.
Sponsors agree to authorize Cinestruct and it’s third-party payment processors to charge on Sponsor’s payment card or other payment method for an amount up to the full pledge plus any associated fees immediately upon submission of the Pledge and to have sufficient funds or credit available to complete the transaction.
By submitting a Pledge to a Title, the Sponsor is entering into a contract with Title Owner to provide a Pledge to the Title. Cinestruct is not a party to that agreement between the Title Owner and the Sponsor.
Sponsors agree that all Pledges are made voluntarily and at the sole discretion and risk of the Sponsor.
Sponsors agree to bear the sole responsibility for determining how to treat their Pledge for tax purposes. Cinestruct does not offer any advice or take any responsibility for how Sponsors treat there Pledges or for any financial consequences arising out of such treatment.
Sponsors agree that a Pledge does not:
Give the Sponsor any rights in or to the Title, including without limitation any ownership, control, equity, investment or distribution rights;
Give the Sponsor any rights to limit the ability of the Title Owner to solicit other funding for the Title, enter into contracts for the Title, allocate rights in or to the Title or direct the Title or Title Owner in any way;
Give the Sponsor any rights to view, distribute, license, or otherwise screen the Title.
Give the Sponsor any rights to restrict or otherwise limit Cinestruct's right to enter into agreements or business relationships relating to Titles, or provide the Sponsor any rights in and to Cinestruct, Cinevite, or Cinevite Pledge. The only rights provided to the Sponsor upon making a Pledge are as specifically set forth herein.
Grant the Sponsor any rights to demand a refund from Cinestruct, the Partner Event, or the Title Owner.
Cinestruct reserves the right to cancel a Pledge at any time and for any reason.
B. Refund of Pledges
Sponsors acknowledge and agree that once a Pledge is made to a Title on the Cinevite website, it is final and non-refundable. This policy is applicable regardless of the outcome, success, or failure of the specific Title to which the Pledge was made.
Sponsors understand that making a Pledge carries inherent risks, including but not limited to the risk that the Title may not reach its funding goal or may not meet the Sponsor's expectations. Sponsors agree that these risks are borne solely by the Sponsor, and that these factors do not entitle the Sponsor to any refund.
While Cinestruct reserves the right to cancel a Pledge at any time and for any reason, this cancellation does not imply a right to refund for the Sponsor. Cinestruct will make every effort to return the contributed amount to the Sponsor in the event of a Pledge cancellation.
C. Pledge fees
Every Pledge made by a Sponsor is subject to a required Processing Fee. This fee is imposed to cover the costs associated with processing the Pledge submission, including but not limited to transaction handling, payment processing, and operational expenses. The Processing Fee is payable by the Sponsor at the time of making the Pledge and is additional to the Pledged amount.
In addition to the Processing Fee, there is a Platform Fee associated with each Pledge. This Platform Fee is meant to support the operational costs of the Cinevite platform and is deducted from the pledged amount before it is paid out to the Title Owner.
Sponsors have the option to cover the Platform Fee themselves. By choosing to pay this fee, the Sponsor ensures that 100% of the Pledge is directed towards the Title, without any deductions for the Platform Fee. This option can be selected before the Sponsor finalizes their Pledge submission.
Before a Sponsor submits a Pledge, a detailed breakdown of the Processing Fee and the optional Platform Fee will be provided. This ensures that Sponsors are fully aware of the total cost of their Pledge, including how much of their contribution will go directly to the Title after fees are applied.
Upon submission of a Pledge, the Sponsor will receive a confirmation detailing the total amount charged, including the Pledge amount, Processing Fee, and any Platform Fee covered by the Sponsor. This confirmation serves as a receipt of the transaction and a record of the Sponsor’s contribution.
The Processing Fee, once paid by the Sponsor, is non-refundable, irrespective of any Pledge cancellations. Sponsors acknowledge and agree that the Processing Fee is part of the cost of participating in the funding process on Cinevite Pledge.
D. Sponsor recognition
Upon submission of a Pledge, the amount pledged by a Sponsor will be displayed publicly on the Cinevite website. This is to acknowledge the contributions made by Sponsors to Titles and to promote transparency in the funding process.
If a Sponsor wishes to remain anonymous, they must select the option to 'Sponsor anonymously' before submitting their pledge. Once this option is selected, the Sponsor’s name will not be publicly associated with the Pledge amount displayed on the website.
Sponsors have the option to display a message publicly with their contribution. Cinestruct reserves the right to review and remove any messages that are deemed inappropriate, offensive, or in violation of the terms of this Agreement or any applicable laws.
Sponsors agree that all messages displayed with their Pledge will not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable material. Sponsors are solely responsible for the content of their messages.
Sponsors have the option to make a Pledge on behalf of another person or entity. In doing so, Sponsors must agree and ensure that they are truthfully representing that the Pledge is made in the name of the stated person or entity. Misrepresentation in this regard may lead to the cancellation of the Pledge and potential legal action.
By choosing to display a message or make a Pledge in the name of another person or entity, Sponsors acknowledge that this information will be publicly displayed on the Cinevite website and may be accessible to other users and the general public.
Cinestruct reserves the right, at its sole discretion, to refuse or remove any Sponsor recognition, including messages or mentions, that it deems inappropriate, misleading, offensive, or in violation of any terms of this Agreement or applicable laws.
|||. LIMITATION OF LIABILITY
IN NO EVENT SHALL CINESTRUCT, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF CINEVITE PLEDGE PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.
IV. DISCLAIMER OF WARRANTIES
THE CINEVITE PLEDGE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CINESTRUCT, LLC, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.
V. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the state of California. Any disputes will be settled in Los Angeles County, California.
VI. INTEGRATION AND SEVERABILITY
This Agreement is the entire agreement between you and Cinestruct with respect to the subject matter hereof (and thereof), and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Us and govern the future relationship between the parties hereto. If any provision (or portion thereof) of the Agreement are found to be unenforceable or invalid, such provision (or portion thereof) will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable to the maximum legal extent. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
VII. CHANGES TO THIS AGREEMENT
Cinestruct reserves the right to modify this Agreement at any time, effective upon posting of an updated version of this Agreement on the Platform. You are responsible for regularly reviewing this Agreement.
VIII. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at support@cinevite.com.