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
