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User Aggrement

CINEMAFON USER AGREEMENT

ARTICLE 1: PARTIES

1.1. CINEMAFON

NAME: Cinemafon Limited

TAX OFFICE: 

TAX ID NUMBER: 

ADDRESS: Suite E3080, 82a James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE

E-MAIL: info@cinemafon.com

Bankingh Details

Bank Name : 

Branch : 

Beneficiary : Cinemafon Limited

Swift Code : 

1.2. USER

 FULL NAME:

ADDRESS:

E-MAIL:

Bankingh Details

Bank Name : 

Branch : 

Beneficiary : 

Swift Code : 

ARTICLE 2: DEFINITIONS

In the body of this AGREEMENT,

  • a.CINEMAFON means Cinemafon Limited Company,
  • b.WEBSITE refers to https://cinemafon.com,
  • c.USER means the member who determines a username and password for themselves, subject to the condition of accepting this AGREEMENT by registering an e-mail,
  • d.AGREEMENT refers to this USER AGREEMENT,
  • e.FILM refers to films announced on the WEBSITE for the sale of funds by CINEMAFONand to be shot by different producers, real or legal persons, from which the USER can purchase funds, provided that they accept the conditions specified on the WEBSITE,
  • f.FUND means the payment made by CINEMAFONon the WEBSITE to be reclaimed by the USERS, on condition that they accept the conditions stated on the WEBSITE,

 

ARTICLE 3: SUBJECT AND SCOPE OF THE AGREEMENT 

3.1. This AGREEMENT and other rules on the WEBSITE regulate the terms and conditions of the services offered by CINEMAFON and the rules for the use of the WEBSITE. The USER is deemed to undertake to comply with this AGREEMENT from the moment they approve this AGREEMENT or start to benefit from the WEBSITE by creating a membership via the WEBSITE. If the conditions are not suitable for you, please do not use the WEBSITE and the services offered and do not create a membership registration.

3.2. CINEMAFON is only a platform, it is not the owner or producer of the FILMS on the WEBSITE. CINEMAFON is not obliged to check the content provided by the producer, real and legal persons, and to investigate whether there is an illegal activity or situation related to this content and the goods or services subject to the content.

3.3. The USER, who accepts this AGREEMENT, only gets the right to benefit from the general operation and services of the WEBSITE. It is possible for the USER to purchase funds or to benefit from the privileged services offered or to be offered by the WEBSITE, provided that they separately accept the conditions specified on the WEBSITE.

ARTICLE 4: TERMS OF USE

4.1. Membership to the WEBSITE is free of charge, and the privileged services provided by the WEBSITE may be subject to a fee within the conditions to be specified on the WEBSITE. The USER determines their user name and password while subscribing to the WEBSITE. CINEMAFON has no responsibility in this regard. Determining and protecting the password is the user's own responsibility. Username and password should not be shared and should be carefully protected. The USER is directly responsible for the malicious use of their account by other people. CINEMAFON has the right of recourse to the USER for any and all judicial and administrative fines and/or compensation that it will have to pay for this reason. Membership usage rights, user name and password cannot be transferred to others.

4.2. All kinds of information, such as name, address, telephone, e-mail, declared by the USER to the WEBSITE while becoming a member, must be up-to-date, correct and complete. CINEMAFON is not obliged to check the accuracy and up-to-dateness of the said information. Responsibility for damages incurred by CINEMAFON, other users or third parties due to incorrect or incomplete information in question belongs only to the USER.

4.3. The USER is solely responsible for the relationship between them and other users and any other person using the WEBSITE. While the USER is communicating with other users, with each other or with CINEMAFON employees,  they can not make statements that are racist, hate speech against any group or person, against personal rights, insulting, degrading, harassing or defending harassment, praising illegal and terrorist activities, creating unfair competition, threatening, obscene, defamatory, sexual harassment and slanderous, and may not behave or use content in this direction. Otherwise, CINEMAFON may terminate the USER's membership, prevent them from using the WEBSITE, and notify the official authorities when necessary. In addition, CINEMAFON has the right of recourse to the USER for any and all judicial and administrative fines and/or compensation that it will have to pay for these reasons.

4.4. In case of non-compliance with the terms of this AGREEMENT or for any other reason, it causes harm to CINEMAFON or a third party, USER accepts, declares and undertakes that they will be solely responsible for the consequences, both legally and criminally, and will compensate any damages that may arise for this reason and CINEMAFON has the right of recourse for any judicial and administrative fines and/or compensation that they will have to pay for this reason and that they will pay the price related to the use of these rights immediately, in cash and in full.

4.5. If an investigation is initiated or a trial is heard about the USER before, during and after the service, due to any criminal behavior or other reasons, CINEMAFON will share all the information and documents in its possession with the relevant judicial authorities upon request.

4.6. CINEMAFON does not guarantee the accuracy, completeness or usefulness of any information on the WEBSITE or accept or endorse the accuracy or reliability of any ideas, advice or explanations given by any person displayed on the WEBSITE, or accept no responsibility for this reason. The fact that the contents are published by CINEMAFON does not eliminate the irresponsibility of CINEMAFON and does not affect the sole responsibility of the author.

4.7. CINEMAFON reserves the right to remove any illegal or prohibited content on the WEBSITE, to terminate the membership of the violators in question. This provision includes, but is not limited to, the type of content which:

  • a.violates any applicable law or secondary legislation, promoting illegal activities and terrorism,
  • b.is racist, incites hatred or physical harm against any group or individual, is overtly offensive or offensive,
  • c.contains statements and promotional statements that are contrary to general morality and public order, dishonest and inaccurate, deceptive, misleading or abusing the lack of experience and knowledge of third parties, endangering life and property safety, harmful to public health, abusive to patients, the elderly, children and disabled people, and any other person or institution,
  • d.harasses or defends the harassment of another user or a third party using the site for any purpose, contains insulting and abusive expressions,
  • e.contains junk mail, chain mail, unsolicited mass mailing, or spamming forwarding,
  • f.shares or promotes information known to be false or misleading,
  • g.constitute unfair competition, include unfair trade practices and limit competition and violate 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 someone else's copyrighted work such as giving pirated computer programs or links, giving information to circumvent copy-protected devices placed during production, giving pirated picture, audio or video files, or linking to pirated picture, audio or video files,
  • j.contains banned, password-accessible pages or hidden pages or images (not linked from another accessible site),
  • k.exploits individuals, provides sexual or violent material, or requests personal information from the individual,
  • l.provides instructional information about illegal activities, such as the manufacture or purchase of illegal weapons, violation of someone else's privacy, or giving or creating computer viruses,
  • m.requests passwords or personally identifiable information from others for commercial or illegal purposes or for any other reason,
  • n.contains commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes,
  • o.records, spreads, misuses the personal information of others,
  • p.violates intellectual and industrial rights of third parties, such as trademarks and patents.

 

4.8. CINEMAFON may prepare reports containing demographic information without disclosing the information of the USER with the data on the WEBSITE, use such information or reports itself, or share these reports and/or statistics with business partners and third parties with or without charge. These transactions do not constitute a violation of the privacy policy of CINEMAFON.

 4.9. The WEBSITE may contain links or references to other websites that are not under the control of CINEMAFON. CINEMAFON is not responsible for the content of these sites or any other links they contain.

4.10The visual and written content presented on the WEBSITE is for personal use. CINEMAFON is the licensee of all materials and related intellectual and industrial property rights, including all domain name, logo, graphic, sound, icon, design, text, image, html code, other codes, technical data presented in demonstrative, written, electronic, graphic or machine-readable form, applied sales system, the business method and business model in the WEBSITE content, and these rights are fully under legal protection and cannot be used for commercial or personal purposes without permission or reference. It is forbidden for the USER to publish any element on this site in another medium or website.

 4.11The software used in the design of the WEBSITE and the creation of the database belongs to CINEMAFON. It is strictly forbidden to copy or use the aforementioned software and to reverse engineer the software and technologies used.

ARTICLE 5: AUTHORITIES OF CINEMAFON 

 5.1. CINEMAFON may temporarily suspend, completely stop or change the operation of the WEBSITE and the system when it deems necessary. The USER accepts and declares that since they do not pay any usage fee to CINEMAFON for the use of the WEBSITE, CINEMAFON has no responsibility for stopping or suspending the system, and therefore cannot make any demands from CINEMAFON.

5.2. In order to protect the integrity of the WEBSITE, CINEMAFON may at any time, on its own initiative, stop or block the USER's access to the WEBSITE. In addition, if CINEMAFON determines that the USER has violated this AGREEMENT or to the extent required by the situation, it may terminate this AGREEMENT without having to show any reason, temporarily or permanently prevent the USER from using the WEBSITE, prohibit access to membership rights, and suspend membership. The USER accepts and declares that CINEMAFON has no responsibility in this regard and therefore cannot make any demands from CINEMAFON.

5.3. CINEMAFON reserves the right to make some or all of its services in the future, either for a fee or free of charge. The pricing and commission policy of some services may vary from time to time depending on the number, intensity or quantity of services purchased or provided.

5.4. CINEMAFON may notify the USER of promotions, new services or projects or news via e-mail or push notification. If the USER does not want to receive such e-mails, they may stop receiving such notifications by written notification to info@cinemafon.net or through the commercial communication channel that reaches him.

5.5. If it wishes, CINEMAFON may use SMS, e-mail or other technical means to verify the e-mail address, mobile phone number and other information of the USER.

5.6. In case of any conflict between the USER and other persons using the WEBSITE regarding the infringement of intellectual rights, CINEMAFON is obliged to take action based on a final and enforceable court decision to be submitted to it. In other cases, CINEMAFON takes action at its own discretion.

 ARTICLE 6: RESPONSIBILITY OF CINEMAFON 

6.1. As far as legally permitted under applicable law, CINEMAFON is not responsible for any data loss arising from the acts, omissions and behaviors of any third party, WEB SITE users, advertisers and/or sponsors, operation of the WEBSITE or implementation of the conditions in relation to the WEBSITE or the use of the WEBSITE.

6.2. CINEMAFON takes reasonable precautions for protection. However, it does not accept any responsibility for the consequences that may arise if the USER information is captured by malicious persons as a result of attacks on their computer network and the existing database information on this network and if they are used maliciously. CINEMAFON does not guarantee that the WEBSITE will be error-free, uninterrupted and secure, or the use of the WEBSITE or any content, search or link on it will provide certain results, and any file downloaded from the WEBSITE will not contain viruses or other unwanted or disruptive features.

6.3. CINEMAFON does not accept any responsibility for all direct or indirect, material or moral damages that may arise as a result of the behavior of third parties regarding the use of the WEBSITE, such as but not limited to bodily harm, emotional discomfort.

ARTICLE 7: DATA RETENTION AND EVIDENCE AGREEMENT

7.1. User information etc. registered in the CINEMAFON system are kept for at least 3 (three) years.

7.2. The parties declare, accept and undertake that in disputes that may arise from this AGREEMENT, the commercial books and records of CINEMAFON and the data stored in CINEMAFON systems will accept conclusive evidence in any dispute.

ARTICLE 8: AMENDMENT TO THE AGREEMENT AND THE ENTIRE AGREEMENT

8.1. CINEMAFON has the right to unilaterally change or amend the AGREEMENT in order to ensure the continuity of its services, to meet future technical requirements or to comply with the legislation. In case of any change, CINEMAFON will publish the current terms of use on the WEBSITE with a new date update under the same link, and will notify the USER and submit it for approval, if necessary, via e-mail or mobile push notification. The updated current AGREEMENT will be effective from the moment it is published on the WEBSITE and the use of the WEBSITE or its services will be subject to the terms of the renewed contract from that moment on.

8.2. Unless a written waiver signed by the officials of the party waiving their rights in the AGREEMENT is given to the other party, neither party will be deemed to have waived any of their rights in the AGREEMENT.

8.3. The negligence or delay of one of the parties in fulfilling any of its rights and obligations arising from the AGREEMENT shall not mean tacit acceptance.

8.4. If any part of this AGREEMENT is deemed unlawful or invalid, such contradiction or invalidity does not affect other provisions of the AGREEMENT, other provisions continue to be valid and remain binding on the parties.

ARTICLE 9: ADDRESSES, NOTICES AND NOTIFICATIONS

9.1. The addresses declared by the parties in this AGREEMENT or the address notified by the USER to the WEBSITE while becoming a member are legal notification addresses. If the parties do not immediately notify the other party in writing of the changes to be made in the address, they accept, declare and undertake that a valid notification made to the addressee will have all legal consequences, even if the sent notification is returned.

9.2. The e-mail address provided by the parties to the WEBSITE in this AGREEMENT or by the USER while becoming a member will also be considered as a valid address in terms of written notifications and these notifications will be binding between the parties.

 ARTICLE 10: APPLICABLE LAW AND COMPETENT COURT

10.1. England shall be applied in the interpretation of this AGREEMENT, determination of all kinds of obligations arising from the AGREEMENT, resolution of disputes and all other matters.

10.2. England  Courts and Enforcement Offices are the competent jurisdiction for resolving disputes arising from this AGREEMENT.

 

ARTICLE 11: ENTER INTO FORCE

11.1. This AGREEMENT will remain in effect as long as the WEBSITE is continued to be used and a new agreement is not presented to the USER by CINEMAFON.

11.2. This AGREEMENT consisting of 11 (eleven) articles have been accepted by the parties, and the AGREEMENT has entered into force from the date the USER accepts this AGREEMENT electronically.

The AGREEMENT has been concluded electronically by the INVESTOR/USER, they are accepting and undertaking the conditions and all kinds of obligations specified in the CONTRACT electronically verified.