1. Acceptance of Terms
By accessing or using Indie Planet (the "Platform"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use the Platform. Indie Planet is operated by Indie Planet, Inc. ("Indie Planet", "we", "us", or "our").
2. Eligibility
You must be at least 18 years old to use the Platform. Certain investment offerings on the Platform may be limited to accredited investors as defined by the U.S. Securities and Exchange Commission. By pledging to or investing in any campaign, you represent that you meet the applicable eligibility criteria and have not exceeded any annual investment limits imposed by Regulation Crowdfunding or other applicable securities regulations.
3. Not Investment Advice
Indie Planet does not provide investment, legal, tax, or financial advice. All content on the Platform, including campaign materials, filmmaker bios, and financial projections, is provided by the production companies and has not been independently verified by Indie Planet. You are solely responsible for conducting your own due diligence before making any investment. Past performance of any film or filmmaker is not indicative of future results.
4. Platform Role and Limitations
Indie Planet is a technology platform that connects independent filmmakers with potential investors. We are not a broker-dealer, investment adviser, bank, or escrow agent. All securities offerings are facilitated by Fraction Kings, a registered funding portal. Indie Planet's role is limited to platform operations, curation, and community building. We do not guarantee the accuracy of campaign information, the completion of any film, or the return of capital.
5. Fees
Indie Planet charges a platform fee of 5% of funds raised, deducted at campaign close. Fraction Kings charges an additional 2-3% for legal and compliance services. These fees are disclosed on each campaign page and in the filmmaker pitch materials. You are not charged any fees directly as an investor beyond your pledged investment amount.
6. Pledges and Payments
All campaigns operate on an all-or-nothing basis. When you pledge to a campaign, your payment method is authorized but not charged. You are only charged if the campaign reaches its funding goal before the deadline. If the goal is not met, your pledge is cancelled and you owe nothing. By pledging, you authorize Indie Planet and our payment processors to charge your payment method upon successful campaign completion.
7. Intellectual Property
All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is the property of Indie Planet or its licensors and is protected by copyright, trademark, and other intellectual property laws. Campaign materials (trailers, stills, scripts excerpts) are provided by the filmmakers and remain their property. You may not reproduce, modify, distribute, or create derivative works from any Platform content without express written permission.
8. User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Indie Planet reserves the right to suspend or terminate accounts that violate these terms, engage in fraudulent activity, or pose a risk to the Platform or other users.
9. Prohibited Conduct
You may not use the Platform to: (a) violate any law or regulation; (b) impersonate any person or entity; (c) distribute malware or harmful code; (d) interfere with the Platform's security features; (e) scrape or harvest data; (f) manipulate campaign metrics or rankings; or (g) engage in any activity that could damage, disable, or overburden the Platform.
10. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INDIE PLANET DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDIE PLANET SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE PLATFORM OR ANY INVESTMENT MADE THROUGH IT. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware.
13. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after any changes constitutes acceptance of the revised Terms.
14. Contact
Questions about these Terms? Contact us at stephen@hollywoodnorthstudios.ca.