Terms and Conditions
1. This Screen Credit Agreement (“Agreement”) is a binding contract between You,, and SoulFire LLC (“SoulFire”). You must read, agree with, and accept all of the terms and conditions contained in this Agreement before clicking “I Accept.”
2. This is an important agrement which You must consider carefully before clicking “I Accept.” BY CLICKING I ACCEPT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
3. You must be over the age of eighteen (18) and capable of entering a legally binding agreement to accept, agree to, or otherwise participate with SoulFire in this Agreement.
4. For the minimum price of one dollar ($1.00) in United States currency (the “Price”) SoulFire will list Your name (the “Credit”) in the SoulFire film entitled Connected (the “Film”). You are only entitled to one Credit for Your name, regardless of how much beyond the minimum price you pay to SoulFire. You irrevocably and forever grant SoulFire any and all rights to use the Credit in any manner that SoulFire, in SoulFire’s sole and exclusive discretion, deems proper. The Film’s title may change from to time to time, at SoulFire’s sole and exclusive discretion. The Credit will become part of the Film and can only be removed from the Film by SoulFire, at SoulFire’s sole and exclusive discretion. You hereby absolutely waive any right to remove the Credit from the Film.
5. The Credit must be Your name. You may not, under any circumstances, submit another individual’s name. Submission of another person’s name is a breach of this Agreement. You hereby allow SoulFire to take any necessary steps to ascertain and confirm that the Credit is Your name. Your failure to cooperate with SoulFire may result in SoulFire removing the Credit from the Film.
6. You are paying for the Credit using the PayPal Checkout service. Any agreement You have with PayPal Checkout, PayPal Payment Corporation, PayPal Inc. (collectively “PayPal”) is separate and independent from this Agreement. You acknowledge and agree that SoulFire is not a party to Your agreement with PayPal. SoulFire hereby disclaims any liability for any cause of action, or potential cause of action, that You may have as a result of, related to, or caused by, submitting Your personal and financial information to PayPal. You hereby agree You will not seek compensation from SoulFire, or file any claim or lawsuit against SoulFire, for any cause of action described in the preceding sentence. YOU HEREBY AGREE THAT YOU USE THE PAYPAL CHECKOUT SERVICE AT YOUR OWN RISK.
7. You grant to SoulFire all artistic and creative discretion as to the use of the Credit in the Film. SoulFire has exclusive discretion to determine the size and type of the font used for the Credit. SoulFire has exclusive discretion to determine when, and how long, the Credit will remain on the screen during the Film. the Credit is limited to twenty (20) characters.
8. THE PRICE YOU PAY IS SOLELY FOR THE CREDIT IN THE FILM, IN THE EVENT THE FILM IS ACTUALLY PRODUCED. YOU EXPRESSLY UNDERSTAND THAT YOU ARE NOT AN INVESTOR IN, OR CONTRIBUTOR TO, THE FILM. UNDER NO CIRCUMSTANCES ARE YOU ENTILED TO ANY SHARE OR PERCENTAGE OF THE ASSETS (TANGIBLE OR INTANGIBLE), PROFITS, REVENUE, ROYALITIES, OR RECIEPTS OF THE FILM AS WELL AS ANY DISTRIBUTION OR DISBURSEMENT MADE BY SOULFIRE. YOU EXPRESSLY AND FOREVER WAIVE ANY RIGHT OR CLAIM TO ANY SHARE OR PERCENTAGE OF THE ASSETS (TANGIBLE OR INTANGIBLE), PROFITS, REVENUE, ROYALITIES, RECIEPTS OF THE FILM AS WELL AS ANY DISTRIBUTION OR DISBURSEMENT MADE BY SOULFIRE.
9. SoulFire shall have sole, exclusive, and complete authority and control over the creative, business, financial, marketing and legal matters in connection with the Film, and the development, production, distribution, and exploitation of the Film.
10. Your purchase is not tax deductible. The reporting and payment of any applicable taxes is Your responsibility.
11. SoulFire reserves the right to remove any Credit, at any time, if SoulFire, at SoulFire’s sole and exclusive discretion, deems the Credit to be inappropriate or offensive (“Removal”). In the event of a Removal, SoulFire will NOT refund You the Price nor will SoulFire notify You that a Removal of any Credit occurred.
12. You expressly understand and accept that SoulFire may use the Credit in any way that SoulFire, in SoulFire’s absolute discretion, deems suitable and appropriate in connection with the Film. SoulFire may use the Credit in other ways besides as a credit in the Film, including, but not limited to, promoting the Film in any way that SoulFire deems appropriate.
13. The Film is not guaranteed to be produced. You expressly understand the risk that the Film may not be produced. SoulFire will not refund the Price to You if the Film is not produced, even if the Film was not produced because of the acts and omissions of SoulFire.
14. If the Film is produced, SoulFire may distribute the Film in any way, medium, or amount of times that SoulFire chooses in SoulFire’s sole and exclusive discretion. Such distribution may include, but is not limited to, DVD/video rentals, pay-per-view, cable, television network, internet, audiobook, or podcast. Such distribution may be domestic or foreign. You will not be notified of how SoulFire distributes the Film and the Credit may, or may not, be distributed along with the Film.
15. Protecting Your privacy is very important to SoulFire. Please review our Privacy Policy in order to better understand our commitment to maintaining Your privacy, as well as SoulFire’s use and disclosure of Your information.
16. You may not transfer or assign any rights or obligations You have under this Agreement without SoulFire’s prior written consent. SoulFire reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
17. Your sole remedy for any breach, or other claim, of whatever nature, related to this Agreement is for monetary damages. You expressly waive any right to any injunctive or other equitable relief restraining or enjoining the production, distribution, exhibition, exploitation, of the Film or use of the Credit.
18. Except as otherwise agreed by SoulFire, You agree that any claim or dispute You may have against SoulFire must be resolved by a court located in King County, Washington. You agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Washington, without regard to conflict of law provisions.
19. The failure of SoulFire to seek relief for Your breach of any duty under this Agreement, will not waive any right of SoulFire to seek relief for any subsequent breach.
20. IN NO EVENT SHALL SOULFIRE, SOULFIRE’S EMPLOYEES, SOULFIRE’S PARTNERS, SOULFIRE’S JOINT VENTURER’S, OR SOULFIRE’S AGENTS BE LIABLE FOR ANY SPECIAL, PUNATIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EVEN IF SOULFIRE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. SOULFIRE, SOULFIRE’S EMPLOYEES, SOULFIRE’S PARTNERS, SOULFIRE’S JOINT VENTURER’S OR SOULFIRE’S AGENTS, LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
21. You agree to indemnify, defend and hold harmless SoulFire, SoulFire’s directors, SoulFire’s officers, SoulFire’s owners, SoulFire’s agents, SoulFire’s co-branders or other partners, SoulFire’s employees, SoulFire’s information providers, SoulFire’s licensors, SoulFire’s licensees, SoulFire’s consultants, SoulFire’s contractors, SoulFire’s joint venturers, SoulFire’s partners, and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) the Credit; (ii) any breach of, or non-compliance by you regarding, any term of this Agreement; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.
22. This Agreement may not be amended or changed except by a written instrument duly executed by each of the Parties.
23. This Agreement contains the sole and only agreement of the Parties relating to the Credit, and correctly sets forth rights, duties and obligations of each to the other as of the date of such Agreement. Any prior agreements, promises, amendments, negotiations or representations not expressly set forth in this Agreement are of no force and effect.
24. If any term, clause or provision of Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision will be deemed to be severed from the Agreement.
25. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than You and SoulFire, and no other person shall assert any rights as a third party beneficiary hereunder.