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Terms of Use

FILM FERVOR, LLC

Terms of Use

These Terms of Use (The "Terms of Use") govern use of the websites and services (the "Services") of Film Fervor, LLC, a West Virginia company (together with its affiliates, "Film Fervor"), in addition to any supplemental terms applicable to any particular features, content and functionality of the Services, which such supplemental terms are incorporated by reference into the Terms of Use. By using the Services, Users agree to be bound by these Terms of Use, our Privacy Policy, all applicable laws and all conditions or policies referenced here (collectively, the "Terms"). Film Fervor may amend the Terms at any time by posting a revised version of the Terms on our Services. Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

Definitions

In these Terms, we refer to those raising funds as "Campaign Owners" and to their fundraising campaigns as "Campaigns." We refer to those contributing funds as "Contributors" and to the funds they contribute as "Contributions." Campaign Owners, Contributors, and other visitors to the Services are referred to collectively as "Users."

Film Fervor is a Venue

Film Fervor Funding is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others. Campaign Owners are offer gifts or rewards in the form of tangible items or intangible services (collectively, "Perks") to Contributors. Perks are not offered for sale. Film Fervor makes no representations about the quality, safety, morality, or legality of any Campaign, Perk, or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. Film Fervor does not represent that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Film Fervor, LLC, is not a broker-dealer or a member of the Financial Industry Regulatory Authority.

Eligibility to Use the Services

Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Film Fervor reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.

Prohibited Campaigns

Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam others. If the Campaign is claiming to do the impossible or is just absurd or phony, don't post it. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Campaign Owners shall not make any false or misleading statements in connection with their Campaign.

Campaign Owners must not: (1) include threatening, abusive, harassing, defamatory, libelous, or profane content in any Campaign, or content that is invasive of another’s privacy; (2) impersonate any person or entity, including any employee or representative of Film Fervor, or (3) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violate any law or contract.

Prohibited Perks

Campaign Owners are not permitted to offer or provide any of the following as a Perk:

  • any form of "security" (as such term is defined in the Securities Act of 1933);
  • any form of financial incentive or participation in any profit sharing;
  • any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
  • any controlled substance or drug paraphernalia;
  • any weapons, ammunition and related accessories;
  • any form of lottery or gambling;
  • any human remains, such as bones or skulls;
  • any form of air transportation; or
  • any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.

 

Privacy Policy

Last Updated: March 22, 2017

Thank you for visiting Film Fervor Funding ("Film Fervor" or the "Company) and our web site, funding.filmfervor.com, or any other site owned or operated by the Company (collectively, the "Site") and using the services of The Company and/or any services of the Company's affiliated entities (collectively, the "Services") and reviewing our Privacy Policy. Your privacy is important to us and we recognize that you may have concerns regarding the collection, use, and disclosure of your personally identifiable and related information ("Personal Information") which we may gather during your use of the Site and the Services. This Privacy Policy nether describes information collection practices of other entities or on other websites, including without limitation those linked to or from the Site, nor does it pertain to any other companies or persons except as specifically provided for herein, whether associated with the Services or not.

AGREEMENT TO TERMS OF PRIVACY POLICY

By accessing the Site and/or the Services, you agree to this Privacy Policy and consent to the collection, use and disclosure of information in accordance with this Privacy Policy. By accessing the site and/or the Services, you further agree to the Company's Terms of Services ("TOS"), which include and incorporate this Privacy Policy. Certain capitalized terms used in this Privacy Policy and not defined herein are used as defined in the TOS. You may not use this Site or the Services if you do not agree to this Privacy Policy and the TOS. When you submit your personal data to Film Fervor, you are giving your consent to the collection, use and disclosure of your Personal Information as set forth in this Privacy Policy.

CHANGES TO PRIVACY POLICY

We reserve the right to revise, amend, alter, or modify this Privacy Policy from time to time in the Company's sole discretion. If there is a change to our usage practices that affects your Personal Information, we will notify you of the relevant changes by email or by posting a notice on the Site. When Film Fervor sends or posts a Privacy Policy change notice, you will need to review the new or amended Privacy Policy terms carefully so you understand our procedures and practices. Any changes to this Privacy Policy are effective immediately upon the posting of such changes. Please be advised that our rights to use your Personal Information will be based on the Privacy Policy in effect at the time of any such use.

COLLECTION OF INFORMATION

The Personal Information we collect is used to identify you, including without limitation your name, physical address, email address, telephone number, financial information, log-in and password details, and details of transactions made by you through the Service. Personal Information is collected when you register with the Site, upload or post Content, become a Project Owner, Funder, or Supporter, use the Services, or visit the Site. We also collect your communications with Film Fervor with respect to the Site and the Services. Your Personal Information is used for our internal purposes including without limitation to improve and personalize the Services for you and to provide partner and customer support, as well as to identify you when you sign in to your account, to enable us to provide you with the Service, to send you information you may find useful or which you have requested from us, to administer your account, to enable us to contact you, and for other purposes that we disclose to you when we request your Personal Information. By providing Film Fervor your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail or otherwise. We may also use your email address to send you other messages, including changes to features of the Service and special offers.

Additionally, we collect certain non-personal default information customarily logged by web server software. Such information may include without limitation your originating IP address, the date and time of your visit, your browser type, the previous site you visited, the Content you upload and review and Services you use, and the pages and images requested.

Non-personal information is used for such purposes including, without limitation, to maintain, evaluate, and improve the Services.

SECURITY OF INFORMATION

We use commercially reasonable efforts to protect your Personal Information from disclosure or unauthorized access. It is important for you to protect against unauthorized access to your password and your computer. Be sure to sign off when finished if you are using a shared computer. Film Fervor is not liable for disclosure of data due to errors in transmission, unauthorized access or acts by third parties, or omissions or acts beyond Film Fervor's reasonable control. Film Fervor does not guarantee your Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards, and you agree that Film Fervor shall not be liable to you for any damages that you incur as a result of or relating to any such occurrence.

INFORMATION SHARED WITH THIRD PARTIES

Generally, Film Fervor will not provide your Personal Information to any third parties except as reasonably necessary in the performance of the Services or otherwise in order to operate our business. We may use third parties to maintain or perform certain parts of the Services, such as payment services. We use commercially reasonable efforts to prevent such third parties from using or disclosing your Personal Information for any reason other than the service they are providing in connection with the Services. We may provide your name, mailing address and/or email address in certain limited circumstances in connection with the Services, such as to a Project Owner if you choose to loan items, follow, or apply as Cast or Crew for a Project. We will not provide your credit card information to Project Owners. However, we cannot and do not guarantee that such third parties and/or Project Owners will not use or disclose your Personal Information, and you agree that Film Fervor shall not be liable to you for any damages that you incur as a result of or relating to any such disclosure. If Film Fervor is acquired, merged with another entity, or if all or substantially all of our assets are acquired for any reason, we may disclose your Personal Information to any successor-in-interest of Film Fervor. Additionally, we may disclose your Personal Information in the case of an emergency or as required or permitted by law, or to protect or enforce our rights or the rights of a third party. For example, if a third party alleges that you have infringed their intellectual property rights, we may disclose your Personal Information as it relates to such allegations. We may also provide your Personal Information to other companies or organizations for credit fraud protection and risk reduction.

Film Fervor may use certain information about you and/or your User Submissions without identifying you as an individual to third parties. We do this for purposes such as ( without limitation ) analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions. We may store Personal Information in locations outside the direct control of Film Fervor ( for instance, on servers, cloud-based storage systems, or databases co-located with hosting providers ).

Any Information or Content that you voluntarily disclose in public areas of the Site becomes publicly available and can be collected and used by other Users. You should exercise caution before disclosing your Personal Information through these public venues, and do so at your own risk.

WEBSITES LINKED TO FILM FERVOR

Film Fervor is not responsible for the information practices, policies, terms of use, or any other procedures employed by websites linked to or from the Site. Please remember that when you use a link to go from the Site to another website, Film Fervor's Privacy Policy is no longer in effect with respect to such other website(s). Your browsing and interaction on any other website, including websites which have a link on the Site, is subject to that website's own rules and policies, for which you are responsible to review, and you proceed to such other website at your own risk.

CHILDREN'S PRIVACY ISSUES

People under the age of 18 years of are are not permitted to use the Site or the Services on their own, and this Privacy Policy makes no provision for their use of the Site. We encourage parents and legal guardians to monitor their children's Internet usage and help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Services or on the Site. If you have reason to believe a child under the age of 13 has provided Personal Information through the Service or on the Site, please contact us, and we will endeavor to delete that information from our databases and take any action the Company deems fit and appropriate.

ENGLISH LANGUAGE

The English version of this Privacy Policy governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

GOVERNING LAW AND JURISDICTION

This Privacy Policy constitutes a contract made under and shall be governed by and construed in accordance with the internal laws of the State of West Virginia, without giving effects to conflicts of laws provisions. Any dispute, action, or proceeding brought pursuant to this Privacy Policy shall be brought to the appropriate State or Federal Courts located in Greenbrier County in the State of West Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY DISPUTE, ACTION, OR PROCEEDING.