To Service agreement
1.1. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by FanRolling (the “Provider”), you are agreeing to these legally binding rules (the “Terms”). These terms and conditions govern the contractual relationship between the creator (the ‘creator), FanRolling and the users (the “User”).
1.2. The definitions set below have for the purpose of these terms and conditions following meaning:
T&C – means these Terms and Conditions.
Activity – means the action the creator will be doing that will be filmed for the project
Agreement – means a Service Agreement entered into between the creator and the provider.
Creator – means an individual or legal entity entering into Agreement with the Provider, with the legal rights specific to the activity it enters into the agreement with.
Funded – means a user who have contributed any amount of money to the project
Funds – means the total amount of money in the project
Project – means the public execution of the agreement between the Creator and the Provider, in its entirety
Provider – means the company FanRolling OU, with its registered address at Tornimäe tn 5,Tallinn, Harju maakond, Estonia.
Rewards – means the perks for the user that is stated when the user funded the project
Target price – means the total minimum viable amount raised to execute the agreemeent.
Service – means the specific Service provided by the Creator to the Users via the Provider under the Agreement, and which may include license to the Service, maintenance of the Service, Service support and other related services, to the extend agreed to in the Agreement and Product.
Administrator – means a person designated by the Creator for administration of his User Account.
User – means a natural person who is registered on Fanrolling with a User Account.
User Account – means user account with a unique access code and password.
Parties – means jointly the Creator and the Provider.
2.1. The Creator accepts that by creating a project on FanRolling, the creator is entering into separate legal agreements with both the provider and with the users who have funded, and the following rules apply (in addition to all other Terms and Additional Policies).
2.2. The creator will make good faith efforts to fulfill the rewards to the users associated with the project in the timeframe committed in this or a preceding agreement, and prioritize fulfillment of those Perks.
2.3. The creator is responsible to comply with all applicable laws and regulations in statements concerning the project and Rewards(s), the use of Contributions and delivery of Rewards. The creator is also responsible to ensure that he/she/it is able to legally conduct the activity listed in the project. The provider can provide legal advice but is not, wholly or partly, responsible for the legal permission of the creator.
2.4 FanRolling may accept or reject the project, with no reason provided. The creator will be allowed to create a new project unless notified otherwise.
2.5 FanRolling is under no obligation to ensure the target price is met.
3.1 When you use the Services by creating a Project, you may receive information about Users that have Funded to your Project, including personally identifiable information, such as names, e-mail addresses, and physical addresses. This information is provided to you purely for the purpose of fulfilling the Rewards for the applicable Project and other Services, and may not be used or disclosed for any other purposes, including cross-promotional marketing of any other products including your own other products, without separate, verifiable consent from the User obtained independently from FanRolling or the Provider. You will maintain, and be required to produce if requested, records of all such verifiable consent.
4.1 Creators are charged a provider fee as a portion of the Contributions they raise (the "Provider Fees"). The Provider Fees are effective on the date that the Platform Fees are posted and may be updated from time to time. Platform Fees will be charged at the then-current rate.
4.2 Creators are solely responsible for their taxes taxable through the declaration of the income received from this project.
4.3 FanRolling will disseminate the funds to the creators within thirty (30) days upon completion of the activity in the project. FanRolling also reserves the rights to withhold funds for a number of reasons including, but not limited to, refunds, chargeback disputes, fraud, Terms or other policy violations, or any other situations that may require legal action.
4.4 Funds will not be disseminated if the Target Price for the project is not met, or if the activity/activities as stated in the project is not delivered in accordance with an acceptable standard.
4.5 FanRolling provides a refund to all users who have funded the project if the target price is not met, in accordance with its refund policy. FanRolling reserves the right to issue refunds at its own discretion outside of its refund policy.
4.6 FanRolling is not responsible for any credit card or bank charges that may be incurred through the transfer of funds between the creator and the provider.
5.1. The Agreement stipulates that the current terms and agreements are valid from the day of signing or from agreement on the website, to ninety (90) days after the conclusion of the activity.
6.1. The Creator acknowledges, by entering into the agreement for the project, that it has legal rights to all the assets provided to the Provider as part of this agreement.
6.2 All forms of product (digital or physical) created, as part of this agreement, remains in sole ownership of the Provider unless stated otherwise.
6.3 The creator grants FanRolling non-exclusive, transferrable, revocable, royalty-free licence to use all materials included in the project, to market the Campaign and FanRolling generally. You agree that we can use all Campaign materials at our own discretion without seeking your prior consent, and may do so both in the course of your supporting your Campaign and after its completion, expiry, or termination.
7.1 The creator acknowledges, through the acceptance of this agreement, that it understands any and all risks associated with the activity and the project. FanRolling is not liable for any damages or losses related to any use of the Services. When you use the Services, you release FanRolling from claims, damages, and demands of every kind - known and unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or related to the Services.
7.2 Any legal disputes not subject to arbitration will be handled in Singapore and subject to Singapore law.
8.1 These terms are the entire agreement between the creator and the provider. They supersede all other communications and proposals (whether oral, written, or electronic) between you and FanRolling with respect to the Services and govern our relationship. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. FanRolling’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
8.2 FanRolling may modify or discontinue the Services at any time, in their sole discretion. The creator agrees that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FanRolling’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
9.1. Notices From You to Us. Any notice from you to us in respect of these Ts & Cs or your Project shall be given by email to email@example.com, except where these Ts & Cs or another Platform Agreement that you Execute sets out alternate means by which you must give us notice.
9.2. Notices From Us to You. Any notice from us to you in respect of these Ts & Cs or your Project may be given either through the Platform, by email or by post or courier to the physical address, in each case using the details that the Company or its representative registered on the Platform or otherwise notified to FanRolling.
9.3. Receipt of Notices. Notices given pursuant to this paragraph 19 through the Platform or by email shall be deemed received by the recipient upon despatch. Notices given pursuant to this paragraph by post or courier shall be deemed received by the recipient two working days after despatch. If you give us notice by means other than those set out in paragraph and we in fact receive it, we may, but are not required to, choose to deem the notice received upon our actual receipt of it.
9.4. Language of Notices. All notices given under these Ts & Cs shall be in the English language.