Legal Issues - Terms of Use
Terms of Use
The visit / use of electronic pages and services «www.thenoirprojectmovie.org» by the visitor / user implies full agreement to the following terms of use applicable to all materials, including images, graphics, icons, photos and files contained on our website. Thus, the visitor / user should read these terms carefully before visiting / using the service, and if he/she does not agree, he/she must stop the navigation and / or not make use of the services and our content. The visitor / user is advised to check the contents of these pages for updates. The continued use of «www.thenoirprojectmovie.org», after the updates, implies the unconditional acceptance of these terms by the visitor / user. The use of electronic pages and services «www.thenoirprojectmovie.org» must be performed only for lawful purposes and in a lawful manner.
Purpose
The «www.thenoirprojectmovie.org» is an independent electronic platform for financing the production of the film «thenoirprojectmovie» by the crowd (Crowdfunding).
The «www.thenoirprojectmovie.org» is directed solely at persons who have, by law, the necessary legal capacity to perform the supporting transactions, which are necessary to finance the «thenoirprojectmovie». By participating in Crowdfunding, each user certifies that he/she has the legal capacity required above.
To become a sponsor, you must first be subscribed to our email platform. In order to support the «thenoirprojectmovie», select one of the given amounts on the above website. Then, you will be directed to the secure transaction environment of Paypal. You do not need a Paypal account to complete your sponsorship. Once you choose to become a supporter in «thenoirprojectmovie», the charge is made at that moment and your support is irrevocable and may not be canceled, postponed, revoked, or terminated for any reason or cause. Withdrawal of the act of will (financial support) is not possible, otherwise with your participation you expressly waive it.
«Thenoirprojectmovie» depending on the amount that the supporters made available to the «thenoirprojectmovie», out of liberality and gratitude and not in exchange, will grant the individual described Offers (gifts). Those gifts will be sent to supporters after the successful completion of the film and the first public viewing of it (official opening).
The «www.thenoirprojectmovie.com» is not responsible for the delivery of gifts, which will be sent by post according to the contact information (name, address etc.), which the supporters/users themselves have registered in the special form when submitting their offer. Moreover, «www.thenoirprojectmovie.org» disclaims any liability for any injury, damage or loss of gifts during their transportation to the supporters.
The published pictures of the gifts on the site are approximate and by assessment and, therefore, not binding concerning the final illustration, graphic design and ultimately the final appearance of gifts. Their final appearance, design and ergonomics will occur upon successful completion of the film, since many of the gifts will be based on material arising from the shooting of the film (e.g. poster or dvd).
Proponents fund «thenoirprojectmovie» as is and cannot express an opinion as to the artistic / aesthetic / qualitative part of the project, or to make their support dependent on related or any other clauses and conditions.
The «thenoirprojectmovie» undertakes the responsibility to distribute the financial support, in kind, in intangible goods or services, exclusively for the production of the film «thenoirprojectmovie». Every effort will be made to complete the production. However, «thenoirprojectmovie» does not assume any obligation towards the supporters. In particular, it does not guarantee the completion of the film, the timely, punctual, qualitative of it and therefore, no liability of any kind is founded (be it civil, criminal or otherwise) of «thenoirprojectmovie» and the managers and associates thereof, who are exempt from any claim of compensation by the supporters.
Copyright
The entire contents of this website, including (but not limited to) text, news, graphics, photographs, illustrations, pictures, videos, sketches, services, are the intellectual property of «www.thenoirprojectmovie.org» and governed by national and international regulations on Intellectual Property.
Logos, names, brands and features included in this website, belong to «www.thenoirprojectmovie.org» and / or the persons referred to as the owners of those rights in the website and protected according to the existing legislation concerning the industrial and intellectual property.
Projects that are the intellectual property of others, included in «www.thenoirprojectmovie.org», have been included in good faith. It is obvious that they will be removed if requested by the beneficiaries.
Any use, reproduction, republishing, copying, storage, sale, transmission, distribution, publication, performance, loading (aka downloading), translation or modification in any way, partially or by summary of the content of the website «www.thenoirprojectmovie.org"and the services offered on it, is expressly prohibited without our prior permission.
Other data or services set forth in the pages of the site that bear the trademarks of the respective organizations, companies, affiliates, unions or publishers constitute their own intellectual and industrial property and, therefore, they will bear the relevant responsibility.
Disclaimer and Internet Limitations of Liability
The «www.thenoirprojectmovie.com» makes every effort to ensure that all content and information displayed on the website is accurate, clear, correct, complete and available.
In no case, however, do we guarantee and therefore shall not be liable for any negligence, for any damage caused to the visitor / user by the use the website. Content and services are provided "as are" without any express or implied warranty, stated or implied, including the warranties of satisfactory quality, adequacy, non-infringement, compatibility, security and accuracy, which we all expressly deny without any exception. Also, we are not responsible for any potential restoration of any holding damage (direct or consequential, which may, for instance, consist of loss of profits, data, gains prevented, compensation, etc.), or moral harm by users / visitors of our website or third persons from any cause related to the operation or not, the use of the website, any failure to provide services / information available from this or any unauthorized third party interventions in products / services / information available through it. We strive for the proper operation of the site, in no case, however, do we guarantee that the functions of the website or the servers will be uninterrupted, error-free, free of viruses and the like, whether this regards a site, or another website or server through which the content is broadcast.
The «www.thenoirprojectmovie.org» has no responsibility for the communication of the visitor / user to the third party service providers who advertised / posted on the above website, as well as any commercial transaction may arise from the relationship between them.
Exclusion of Exhortation - Advice
No part of the website content given to the users/visitors consists or can be perceived of, in any way, directly or indirectly, as encouragement, instruction, advice or urge to any act or omission. On the contrary, it lies in the discretion of the users / visitors to act according to their own will, after their own personal assessment, excluding any liability of the «www.thenoirprojectmovie.org».
\Links to websites
Understandably, we do not control the availability, the content, the protection of personal data, the quality and completeness of other websites and pages, which we may refer to via any "links" (hyperlinks) or promotional banners (hereinafter called in brief as "links"). The links are provided solely for the convenience of visitors / users of the website, while the websites, to which they refer to, are subject, to the respective terms of use of these websites. The placement of links is not an endorsement or approval of the content of the respective sites and we will not be liable for their content and any damage arising from their use, as the visitor has access to them on his/her own responsibility.
Content submitted by users - Liability
The «www.thenoirprojectmovie.org» can give users the option to publish on its website or in social media about the movie, their own content or make reference to their own content, published on other sites.
We reserve, however, the right to control this content and can prevent the publication of any material that is unlawful, threatening, defamatory, harassing, obscene, scandalous, inflammatory, blackmailing, pornographic or anything else that could be considered illegal, that could give rise to liability or otherwise may violate the law. If content like the one mentioned above, is brought to our attention, we reserve the right to remove it without notice or any other formality.
Users, on their part, recognize our right to inspect and approve the material submitted prior to publication on the website. The «www.thenoirprojectmovie.org» has the right (but not the obligation) to monitor, approve, reject or delete content submitted by users of the website and these decisions are not subject in any process of censure.
We reserve the right to delete without warning or to refuse publication of content that violates rights of use, trademarks or any other intellectual property of natural person or legal entity, as well as material that violates the privacy of persons.
Any user who publishes content declares and accepts that:
-He/she has the right to present and publish content on «www.thenoirprojectmovie.org», which does not include or does not violate trademarks, logos, or material protected by copyright or other rights of any natural person or legal entity.
-Absolves the website and the institution of any cost regarding royalties, fees and any other debt to any natural person or legal entity, which is due because of the submission of the content that he/she published on the website.
-Any person who is "photographed" in the content has consented to their depiction.
-He/she has all the necessary permits for the use of any rights contained in the content that he/she provided.
Users are solely responsible for the content they submit or distribute through the website in any way. In any case, the «www.thenoirprojectmovie.org» and / or its partners and associated companies, its employees, its directors, shareholders and representatives cannot be held responsible for damages or losses of any kind (e.g. direct, indirect, incidental, consequential, civil or criminal) arising from actions of the visitors / users of the site. If a user wants to remove content that he/she has submitted, he/she must inform us using the email address that is on the website. The content will be removed immediately.
The visitor / user of the pages and services of «www.thenoirprojectmovie.org» must refrain from any method or any means to perform or attempt the presentation of profits from illegal activities or criminal activities (money laundering) as legitimate, or to perform or attempt their legitimization as such.
The visitor / user of the pages and services of «www.thenoirprojectmovie.org» takes responsibility for any damage caused to the website or any third person from the misuse or the unauthorized use of such services. The visitor / user is solely responsible for all content that is offensive to the personality, honor, or reputation of others, or content that violates the privacy of others, or violates the criminal law in general. For any loss or damage caused via our services, by posting, publication or disclosure of any content, responsible for its restoration is only the visitor / user - member. It is reiterated that if despite the volume of data, information, content, etc., our website is informed in any way, of content that affects the personality or the honor or reputation of any third party, and in our judgment this causes moral damages and financial loss to a third party, we shall reserve the right, without any prior notice:
a) to immediately remove this content.
b) to suspend the account of the user-member.
c) to take any legal measures, according to our judgment, to prevent the particular action and the causing of any damage to third parties.
Rights of Use of Content
The content submitted by users remains their property, while giving the website «www.thenoirprojectmovie.org» unlimited and without fee, license, to use, distribute, reproduce, modify, adapt, publicly display and use the content anytime by any means, electronic or printed, that do not violate their moral right.
The visitor / user who uses the services of «www.thenoirprojectmovie.org» to display and / or post information, data, text, graphics, photographs, images, music files, videos, messages, authorizes the «www. thenoirprojectmovie.org », for as long as the content is part of the services of the «www.thenoirprojectmovie.org », to use the space where content has been posted for promotional purposes. Also, the visitor / user who displays and / or posts information, data, text, graphics, photographs, images, music files, videos, messages, consents to suspension and / or publication of the advertisements by the "www.thenoirprojectmovie.org» on the relevant pages / services.
Moreover, «www.thenoirprojectmovie.org» may lease, for an agreed fee, to a third party, space or part of the website in order for them to post advertisements of products or services they provide.
Governing Law and Other Terms
The above terms and conditions of use, and any modification or change of those, shall be governed by the national law of Greece, the community law of the European Union, and the relevant international treaties. If any provision of these terms and conditions is found to be contrary to the above legal framework or comes out of power, it ceases to be valid automatically and is removed from the present context, but in no way does it affect the validity of the remaining terms. This present text constitutes the entire agreement between the «www.thenoirprojectmovie.org» and the visitor / user of the pages and services, and it is only binding for them. No modification of these terms will be taken into account and will be a part of this agreement, unless expressed in writing and incorporated herein.
You hereby expressly agree that any disputes arising from the application of these terms and the general use of «www.thenoirprojectmovie.org» by the visitor or user of this, if not resolved amicably, shall be governed by Greek law, and subject to jurisdiction of the Courts of Thessaloniki, Greece.
Privacy Policy
The management and protection of personal data of the visitor / user of the website www.thenoirprojectmovie.com (hereinafter called "the Website") is subject to the terms of this Notice, and in accordance with national, Community and international law on the protection of individuals from the processing of personal data, as applicable.
Any possible future changes will be addressed in this announcement. In any case, the site reserves the right to change the terms of protection of personal data in accordance with the applicable legal framework.
Therefore, these terms of privacy may be revised and updated at any time and without notice. Thewww.thenoirprojectmovie.com users are requested to check at regular intervals these terms for any changes as your continued use of this site means that you accept all possible modifications.
The website collects personal information of visitors / users only when they voluntarily provide them, in order to be able to provide the services that are available electronically. Personal information is information that can be used to identify or contact a person, as well as other information that is of regard to such a person.
The site will not sell or otherwise transmit or disclose personal information of visitors / users to third parties who are not related to it, without the consent of the visitor / user, with the exception of the application of relevant legal dictations and limited only to the responsible authorities.
The website may process all or part of the data that have been sent by the users / visitors for statistical purposes and to improve services - information.
The visitor / user may contact the administrator of the site at the time, in order to check for the existence of a personal file, its correction, change or deletion.
The site may collect data for the identification of its users, using similar technologies, such as cookies and / or monitoring of Internet protocol addresses (IP). The cookies are small text files stored on the hard drive of the visitor / user and are not aware of any document or file from their computer. Used to facilitate the visitor / user about the specific services and / or pages, for statistical purposes and to determine the areas which are useful or popular. These data may also include the type of browser used by the visitor / user, the type of computer, the operating system, the Internet service providers and other such information. Moreover, the information system of www.thenoirprojectmovie.com automatically collects information about the sites visited by the visitor / user and about links to third party websites, which may be chosen by using the www.thenoirprojectmovie.com.
The visitor / user of the site can set up the program for surfing the Internet (web browser) in such a way that, it either warns him about the use of cookies on certain services, or prevents the acceptance of cookies in any case. If the visitor / user of the services and pages does not want cookies for his/her own identification, he/she cannot have further access to such services.
The website contains links to other websites, which are under the responsibility of third parties (natural person or legal entity). Under no circumstances is the website responsible for the terms of protection of personal data, that these sites follow.
Note:
The legal statements appearing in this web site have been prepared by NOMOS Law Firm which has offered its complimentary legal advice and support for the purposes of The Noir Project.
NOMOS Law Firm
1 Valaoritou St.
546 26 Thessaloniki, Greece
T +30 2310 239 104
M+30 6940 914 342
F +30 2310 222 405