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The Tesla Conspiracy

TERMS & CONDITIONS

 

BY USING PAYPAL OR ANY OTHER ONLINE PAYMENT PROCESSING SERVICE OR BY SENDING MONEY TO US IN ANY FORM BY MAIL (INCLUDING, WITHOUT LIMITATION, CONTRIBUTIONS OF ANY SIZE, PURCHASES OF MERCHANDISE, ADVERTISING, OR BECOMING AN EXECUTIVE OR ASSOCIATE PRODUCER, COLLECTIVELY REFERRED TO AS “CONTRIBUTIONS,” RELATING TO THE PLANNED FEATURE FILM KNOWN AS “THE TESLA CONSPIRACY” AND REFERRED TO HEREIN AS “THE FILM”), YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, AND THE PRIVACY POLICY AND PRIVACY STATEMENT THAT ARE REFERRED TO COLLECTIVELY AS THE PRIVACY RULES, THE COMBINATION OF WHICH FORM A BINDING CONTRACT BETWEEN YOU AND THE TESLA CONSPIRACY MOVIE, INC. (REFERRED TO AS “WE” OR “US” OR “OUR”).

 

IF YOU DO NOT AGREE TO BE BOUND BY THE CONTRACT OR ANY PORTION OF THE CONTRACT, YOU MUST DISCONTINUE USING THE SITE AND NOT MAKE ANY CONTRIBUTIONS, PURCHASES, ADVERTISING AGREEMENTS, OR EXECUTIVE OR ASSOCIATE PRODUCER RELATIONSHIPS WITH US.

 

The most current version of the Privacy Rules may be found at http://teslaconspiracy.com (“the Site”). Please review the Privacy Rules at the Site prior to making any Contributions, since they may have changed since the date of production of this version of the Terms & Conditions. We may change the Privacy Rules and the scope of the Terms & Conditions, in whole or in part, at any time. Posting of the updated Privacy Rules or Terms & Conditions at the Site will constitute notice to you of any such changes, although we may choose other types of notice for certain changes. Changes will be effective upon notice, although we will use reasonable efforts to provide you with thirty days advance notice of material changes that adversely impact you. Your continued contribution following notice constitutes your acceptance of all changes. If you do not agree to changes to the Privacy Rules or the scope of the Terms & Conditions, your sole and exclusive remedy will be to not contribute, although if your contribution has already been received by us then your sole and exclusive remedy will be to notify us in writing (by email or by mail) within 30 days that you object to the changes and insist that the prior version of the Privacy Rules and/or Terms & Conditions apply to you.

 

These Terms & Conditions will explain the following regarding the Site and the Film:

 

INDEX

1. General

2. Applicable Law

3. Your Obligations

4. Our Obligations

5. Warranty Disclaimers

6. Limitation of our Liability

7. Agreement Not to Engage in Copyright Infringement or Theft of Intellectual Property

8. Software License

9. Miscellaneous

10. How to Contact Us

 

1. General

The Contract is your entire agreement with us and govern your Contribution, your use of the Site, and any matters that relate to the Film. We reserve the right, but are not obligated, to prohibit any conduct or to remove any materials or content in violation of the Privacy Rules or which we believe in our sole discretion to be illegal or potentially harmful to others or may expose us to harm or liability.

 

Purpose. The purpose of the Contract is to secure financing intended for use to produce the Film for theatrical release and/or release on DVD. All Contributions of any type are intended to fund the production of the Film in our sole discretion and under our sole artistic and financial control. The quality of the Film and the ability to secure quality talent, production and distribution will depend heavily upon the amount of funding that is ultimately obtained. While we have developed a prospective budget under which it appears that a quality Film may be shot and distributed for $15 million U.S. dollars ($10 million for estimated production and $5 million estimated for distribution), it is possible that unforeseen changes in the necessary estimated contractual relationships; the national, state or local economy; the film industry; the political environment; climate or geography; other unforeseen events or natural disasters could result in a vastly different budget than has been projected. If full financing is not achieved or if the initial budget proves inadequate, we intend to make a Film of as high quality as can be achieved under the circumstances and to seek theatrical distribution and/or DVD release by whatever means we feel are best in our sole discretion. We retain all control over all decisions regarding the Film, including, but not limited to, production, casting, direction, crew selection, location selection, writing, licensing, distribution, format, selection and use of legal and/or other professional services, and any other matters relating to the making, marketing, and distribution of the Film.

 

We retain the right to limit, restrict or require the use of third party software or services in connection with the Site and the reception of Contributions. We retain the right to refuse Contributions or other contractual relationships with any individual or entity at any time for any reason, without notice, and nothing herein shall be construed to limit that right.

 

We will collect, store, compile and utilize information about you, your computer, your address, your phone number and your use of the Site and Contributions in accordance with the Privacy Rules. Please refer to the Privacy Rules (Privacy Policy and Privacy Statement) for the privacy policies and information practices.

 

2. Applicable Law

 

By making any Contribution of any type, you agree that the Contract and all of its provisions is to be governed exclusively by California Law and subject to the exclusive jurisdiction of the California Courts. We are a California Corporation doing business exclusively in California and performing the Contract entirely within Los Angeles County, California. All offers that resulted in the Contract were written and posted to the internet in Los Angeles County, California. Whether your Contributions are made through the internet, by mail, by telephone, or by any other means, they are submitted to and received by us in Los Angeles County, California. Any mailing or emailing of notices or announcements to you and any shipping of merchandise or “thank you gifts” is performed in Los Angeles County, California. The Film is intended to be produced, filmed, edited, and processed in California and submitted to a distribution company based in Los Angeles County, California. We do not conduct business in any other states and are not engaged in any activity in any other states. You agree that any legal action brought by us against you or brought by you against us shall be filed exclusively in Los Angeles County, California. You further agree that any disputes between us shall be resolved by binding Arbitration in accordance with the rules of the American Film Marketing Association. You further agree that any Arbitration or legal action against us must be commenced within one year from the date of alleged breach and you waive any longer statute of limitations that might otherwise exist.

 

3. Your Obligations

 

Age and Authority. You agree that you are at least 18 years old if a California resident or over the age of majority if a resident of another state. If you are a business Contributor, you also agree and represent that you have the full authority to bind the business that you represent to this Contract. You further agree that these agreements and representations are material and are being relied upon by us, so that penalties and/or causes of action for fraud or misrepresentation shall be applicable to you in the event that these agreements and representations are not true.

 

Contributions and Information. You agree to provide us with Contributions to help us to make the Film, and to provide us all accurate and complete information that is necessary to provide you with notices by mail and by email regarding the Film’s progress and events related to the Film, to send you any merchandise for which you qualify, and to list you in the Film’s online or onscreen credits. If you are a private contributor, you agree that your name may be shown as a Contributor or “Co-Conspirator” on the website. If you are a business Contributor or advertiser, you agree to provide us the contact information and (where applicable) web banner that you would like the public to view regarding your business or product. If you are qualified to receive any merchandise (such as a t-shirt or a DVD), you agree to provide us all size and shipping information and to keep both the post office and us advised of any changes to your shipping destination. In the event that you do not notify both the post office and us of your new shipping address prior to the shipping of your merchandise, we are not responsible to find your location or to ship the merchandise to you. In the event that you do not provide us with accurate and complete contact and shipping information, or fail to notify both the post office and us of your new shipping address prior to the shipping of your merchandise or the sending of any notices to you, we are not responsible to notify you of the Film’s progress and events related to the Film, to send you any other notices required or authorized by the Contract, or to send you any merchandise for which you qualify.

 

Charges and Billing. You agree that the Contributions you make shall be paid in full by you and are non-refundable. You will not stop payment on any checks or credit payments. In the event that your payment is not honored by your bank, credit union, credit card company, or other financial institution from which your payment is issued, you will be responsible for all resulting damages to us, including but not limited to any and all fees and penalties we incur at our bank, credit union, other financial institution, or payment processing company. This does not in any way limit or restrict our ability to seek other legal remedies for dishonored checks or payments. In the event that we do not obtain sufficient net box office receipts, or DVD sales if box office release was not achieved, (after fulfilling all other contractual obligations relating to the Film) to pay for shipping of all DVD’S for which our Contributors may qualify, you agree that we may either require you to pay the cost of shipping the DVD to you or make the DVD available for you to pick up at a location within Los Angeles County, California.

 

You must provide a valid method of payment (i.e. credit card, checking account, telephone billing, etc.) prior to and during any times you make any Contributions. You expressly authorize us (or third parties acting on our behalf) to charge all Contribution amounts that you specify and other charges, including payment transaction fees for certain payment methods, to the payment method you have designated. You acknowledge and agree that we will not obtain any additional authorization from you for any recurring Contributions or automatic billing options. If you have any billing-related questions or want to stop a recurring Contribution from being charged to your designated payment method, send an email or letter to our legal department at moffice@ArtisticLawyer.com or 25129 The Old Road, Suite 114, Stevenson Ranch, CA  91381. We will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than 30 days past due. You will be liable for any fees we incur in our efforts to collect any unpaid balances from you. You must bring any billing problems or discrepancies to our attention within 90 days from the date you are billed. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies with us. We may suspend or terminate your online or onscreen credit as a Contributor, your online or onscreen advertising, and the shipping of any merchandise for which you qualify if you fail to provide a valid designated payment method upon request or if we are unable for any reason to bill charges to your designated payment method.

 

You are responsible for all fees and charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account or payment method information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and Contributions under your account.

 

Minors. If you are not over the age of majority in your state, you may not make a Contribution or enter into any contractual relationship with us. If you wish to make a contribution, you should encourage your parent or guardian to do so. Parents may read further information about the Privacy of minors by going to our Privacy Policy and to the special section entitled “Special Notice to Parents About Children Under Age 13.” If you are a parent permitting a minor to visit our site, you agree to (i) exercise supervision over the minor’s use of our Site and access to the Internet, (ii) assume all risks associated with the minor’s viewing of content received through use of our Services and the minor’s transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor’s use of our Services, including any and all payment obligations, and (iv) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor. We encourage parents and guardians to conduct their own independent investigation regarding parental control software available through various third party vendors, but you should know that such software is not completely effective in preventing minors’ access to material that is unsuitable for children. We do not endorse any of these third parties and make no representation as to them or their software.

 

Registration Information. You must register as a Contributor using your own name. During the Contribution process, you will be asked to provide specific contact information, demographic information, and financial information that is necessary to process your payment, which must all be accurate and truthful. We reserve the right to verify the accuracy of the information you submit in connection with your registration as a Contributor (including, without limitation, performing cross tabulations with external databases) and you hereby consent to our verification of such information.

 

Bypassing or Disabling. If you bypass or disable any portion of the Site or its related services, and especially any portion of the process of registering for and/or making a Contribution, or you attempt to circumvent our billing of you in any way, you are in violation of the Contract and we may suspend or terminate the contractual relationship with you, keeping your Contribution as liquidated damages or refunding your Contribution at our option. Termination of your contractual relationship with us will not excuse you from any criminal or other civil liabilities that may result from your actions.

 

Transmission and Receipt of Content. We exercise no control over the content of information passing through between visitors and third party advertisers or on third party websites that may be reached through links on the Site. Disputes may arise between you and others or between you and us related to such content or commerce. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through our network or equipment are your sole and exclusive responsibility.

 

Email. We prohibit unsolicited email to be sent or received by us and use a variety of techniques to eliminate or minimize email or attachments that we believe are unsolicited, inappropriate or harmful. In doing so, we may block or delete email or attachments sent by you, even though such email or attachments may not be unsolicited, inappropriate or harmful. You agree that we are not responsible for any email or attachments that are blocked or deleted for any reason and that you have no right, and we have no obligation, to retrieve or access any such deleted or blocked email or attachments.

 

We may, from time to time, place a message and or a hypertext link geared to promoting the benefits of our Site or the Film or a third party sponsor in outgoing email messages transmitted to you. You agree to permit us to include such messages or links in email messages you receive.

 

Links to Third Party Sites. The Site contains links to other sites on the Internet that are owned and operated by third parties. We do not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by us of the site or any association with their operators. Because we have no control over such sites and resources, you agree that we are not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

 

Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR SUPPLIERS, SPONSORS, PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS & CONDITIONS OR PRIVACY RULES, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM OUR OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF OUR CONTRACTUAL RELATIONSHIP WITH YOU.

 

4. Our Obligations

 

Consideration. In exchange for private Contributions, the consideration we provide to you is the listing of your name as a Contributor or “Co-Conspirator” online and the satisfaction of being involved in the financing of the Film. In exchange for business Contributions, the consideration we provide to you is the listing of your business name as a Contributor or “Co-Conspirator” online, the posting of contact information and/or a link to your business web site as a form of advertising for your business, and the satisfaction of being involved in the financing of the Film. In exchange for advertising Contributions, the consideration we provide to you is advertising in the form bargained for, either online or onscreen (known as “Product Placements”). In exchange for Contributions for the purpose of becoming Executive or Associate Producers, we provide online and onscreen credits as Executive Producer or Associate Producer, and online or onscreen advertising, if bargained for and agreed upon.

 

Any other merchandise (such as T-Shirts or DVD’S), parties or celebrations, or invitations to the Film’s premier, that we provide to any class of Contributors are merely “thank you gifts.” We purchase the T-Shirts retail and pay the retail sales tax for their purchase. We reserve the right to sell T-Shirts, DVD’S and other merchandise separately from Contributions and if such merchandise is separately purchased, the sale is bound by the Contract, including these Terms & Conditions and the Privacy Rules, except that the merchandise constitutes our sole consideration for the purchase price paid. The shipment of merchandise or thank you gifts will take as much as 6 to 8 weeks, except that DVD’S will not be shipped until the Film has been completed and has finished its theatrical release and begun its release on DVD and will require 6 to 8 weeks for delivery from that time.

 

Film completion, theatrical release, party(ies) or celebration(s), and film premiere are dependent upon securing adequate financing and a distribution contract, and the adequacy of financing falls within our sole discretion. The making of the Film in any level of quality and the release of the Film on DVD in any number of units shall satisfy any obligations to provide onscreen advertising and/or credit to any advertisers and Executive or Associate Producers that have bargained for and paid for such consideration. For private and business Contributors, the posting of the agreed information online shall satisfy all obligations to provide online credits for Contributions to the Film.

 

No locations have been selected for any party(ies), celebration(s), or film premiere and no specific locations or amenities are promised. Travel to and from any such events is your sole responsibility.

 

5. Warranty Disclaimers

YOU ACKNOWLEDGE THAT THE SITE, THE POSTING OF ONLINE AND/OR ONSCREEN CREDITS AND/OR ADVERTISING ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SITE OR THE FILM OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR ITS RELATED SERVICES OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF THE SITE OR THE FILM AND INFORMATIONAL CONTENT. WE DO NOT GUARANTEE THAT THE SITE OR THE FILM WILL BE ACCESSIBLE TO ANY SPECIFIC AUDIENCE, DEMOGRAPHIC GROUP, OR MARKET SEGMENT OR WILL REACH PEOPLE IN ANY SPECIFIC GEOGRAPHIC AREA. WE DO NOT WARRANT THAT THE SITE IS COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET SITE OR OUR SITE IN PARTICULAR.

 

6. Limitation of Our Liability

IN NO EVENT SHALL WE BE LIABLE UNDER ANY SECTION OF THESE TERMS & CONDITIONS OR UNDER THE PRIVACY RULES FOR NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO US FOR THE APPLICABLE CONTRIBUTION OR SERVICE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE CONTRACT, THE PRIVACY RULES OR OUT OF THE USE OF THE SITE MAY BE BROUGHT BY YOU OR US MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such cases, our liability shall be limited to the greatest extent permitted by law.

 

7. Agreement Not to Engage in Copyright Infringement or Theft of Intellectual Property

As a Contributor, you have not bargained for nor obtained any right to disseminate, duplicate, or otherwise infringe upon our intellectual property rights and/or copyrights in the Film, the Site, the Film’s Synopsis or Character Bio’s or Script, or any other material related to the Film. We will take separate action against any individual or entity that is found to have infringed upon those rights, which is not subject to the Arbitration provision or the one-year limitation set forth in this Contract. You agree that we shall receive attorney’s fees and court costs for any action in which we obtain any type of Order or Judgment against you for such infringement.

 

8. Miscellaneous

 

Liability Limitation. We shall not be liable for nonperformance or delay in performance caused by any reason that is outside of our direct control.

 

Entire Agreement. This Contract and Privacy Rules (as may be modified by updated Privacy Rules on the Site) together constitute the sole agreement between you and us respecting the subject matter hereof and fully supersede any and all other agreements, oral or written, except for advertising agreements or Executive or Associate Producer agreements that will be deemed to incorporate this agreement as though set forth fully at length and to modify this agreement only to the extent specifically expressed therein. You acknowledge and agree that you have read the Privacy Rules and understand and accept their terms.

 

Legal Actions. These Privacy Rules will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Privacy Rules shall be the state and federal courts located in Los Angeles, California, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue.

 

Severability. If any provision of these Privacy Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.

 

No Waiver. Any failure on our part to enforce any provision of this Contract shall not constitute a waiver of any rights under such provision or any other provision of the Contract.

 

For Quebec Residents Only. C’est á la demande expresse des parties que la présente convention a été rédigée en langue anglaise; the parties to this Agreement have specifically requested that it be drafted in the English language.

 

For the purposes of this Agreement, references to including shall mean “including, without limitation,” unless such reference is already included.

 

9. How to Contact Us

A list of ways to contact us is available at http://theteslaconspiracy.com. In addition, our corporate offices can be reached by mail through our legal department at:

 

Legal Department

The Tesla Conspiracy Move, Inc.

28212 Kelly Johnson Parkway, Suite 195

Valencia, CA  91355

 

Counter resets at 10,000

The Tesla Conspiracy
Copyright 2003, 2004, 2005, 2006, 2012, 2013 Michael Finley & Mark DeMucha
All lightning photos courtesy of NOAA