Terms of Use
Welcome to CineBacker!
By using this Site and the Services, and in addition to any Additional Policies applicable to particular features, Content, and functionality of the Services (which are incorporated into these Terms by reference), Users agree to be bound by these Terms.
- CineBacker/We/Our/Us: Refers to CineBacker Ltd, including its affiliates and representatives.
- Site: The CineBacker website(s) and any related services.
- Services: All services offered by CineBacker Ltd through the Site, including but not limited to fundraising, content management, and user interactions.
- Users/You/Your: Refers to all individuals or entities using the Site or Services.
- Content: Includes all materials provided through the Services, such as text, graphics, audio, and video.
- Campaign Owners: Users who create and manage fundraising campaigns on the Site.
- Campaigns: Fundraising efforts initiated by Campaign Owners.
- Contributors/Backers: Users who provide funds to Campaigns.
- Contributions: Funds given to Campaigns.
- Eligibility: To use the Services, you must be at least 18 years old or have parental consent if you are under 18. By using the Services, you confirm that you meet these eligibility requirements.
- Account Responsibility: You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
- Campaign Management: Campaign Owners are solely responsible for managing their Campaigns and ensuring that all Campaign information is accurate and up-to-date.
- Contribution Terms: Contributions are voluntary and made at your own risk. CineBacker does not guarantee the successful completion of any Campaign or the delivery of any rewards or Perks.
- Ownership: All intellectual property rights in the Site and Services, including trademarks, copyrights, and patents, are owned by CineBacker Ltd or its licensors.
- User Content: By submitting Content to the Site, you grant CineBacker a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and distribute such Content in connection with the Services.
- No Warranty: The Services and Content are provided on an "as is" and "as available" basis. CineBacker makes no warranties, express or implied, regarding the operation of the Site or the Services, including but not limited to any warranties of accuracy, completeness, or fitness for a particular purpose.
- Limitation of Liability: To the fullest extent permitted by law, CineBacker Ltd shall not be liable for any indirect, consequential, or incidental damages arising from your use of the Site or Services, including but not limited to loss of data, loss of profits, or any other losses.
- Your Responsibility: You agree to indemnify and hold harmless CineBacker Ltd, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use of the Site or Services, or your breach of these Terms.
- Account Suspension or Termination: CineBacker reserves the right to suspend or terminate your account if you violate these Terms or if we believe that your actions may cause harm to the Site or other users.
- Modification: CineBacker may update these Terms from time to time. We will notify you of any significant changes, and your continued use of the Services following such changes constitutes your acceptance of the new Terms.
- Applicable Law: These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your use of the Site or Services will be subject to the exclusive jurisdiction of the courts of England and Wales.
- Support: If you have any questions about these Terms or the Services, please contact us at info@cinebacker.com.
- Entire Agreement: These Terms, together with any Additional Policies, constitute the entire agreement between you and CineBacker regarding the use of the Site and Services.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
What is CineBacker?
We grant you a limited, non-exclusive, non-transferable, and revocable licence to use our Services subject to these Terms and the following restrictions:
- Registration: To use many of the Services, you must register and create an account with a username and password. You must provide accurate and complete information and update your account details as necessary.
- Username and Impersonation: You may not impersonate anyone else, choose a username that may offend others, or violate any individual’s rights.
- Account Security: You are solely responsible for maintaining the confidentiality of your account and all activities associated with it. If you suspect or discover any unauthorised use of your account, notify CineBacker immediately by contacting us at info@cinebacker.com.
- Liability: We are not liable for any loss or damage arising from your failure to comply with these requirements or from the use of your account, with or without your knowledge.
- Termination Request: You may request to terminate your account by contacting us. Termination does not automatically delete User Content. We may retain certain information as required by law or for legitimate business purposes. These Terms, including our rights to User Content, survive the termination of an account.
- Minimum Age: You must be 18 years or older to sign up for an account and use our Services. Outside the European Economic Area (EEA), minors aged 13 to 18 may use our Services only through an account owned by a parent or legal guardian with their affirmative consent and direct supervision.
- EEA Children: Children under 16 residing in the EEA are not permitted to access the Site or use the Services.
- Responsibility: You are responsible for any and all account activity conducted by a minor using your account.
- No Rights Infringement: You must not take any action that infringes or violates other people’s rights, the law, or any contractual or legal duty.
- Perk Legality: You must not offer Perks that are illegal, violate CineBacker’s policies, or any applicable law or regulation.
- Community Guidelines: All Users must adhere to our Community Guidelines, which may be updated from time to time at CineBacker’s discretion.
- Accuracy: Do not post information that is false, misleading, or inaccurate. Avoid deceptive or fraudulent behaviour.
- Behaviour: You must not threaten, abuse, harass, defame, or engage in libellous, tortious, obscene, profane, or invasive behaviour.
- Prohibition: You may not distribute unsolicited or unauthorised advertising or promotional material, spam, or chain letters. Do not run mailing lists, listservs, or any kind of autoresponder or spam through the Site.
- Virus Distribution: Do not distribute software viruses or any programs designed to interfere with the proper functioning of the Site or Services.
- Security: You may not bypass security measures, gain unauthorised access to systems or data, reverse engineer the Services, or use software to “crawl” or “spider” any part of the Site.
- Account Creation: There are no fees for creating an account. Campaign Owners are charged a Platform Fee based on the Contributions they raise. Additionally, Campaign Owners incur transaction fees from the third-party payment processor, and transfer or bank delivery fees each time CineBacker sends funds to a Campaign Owner’s bank account. The Platform Fees and transfer fees are effective from the date posted and will be announced on the Platform Fee page.
We may update these Terms from time to time. We will notify you of any significant changes. Your continued use of the Services following such changes constitutes your acceptance of the updated Terms.
If you have any questions or concerns about these Terms, please contact us at
Violations and Consequences
When you create a Campaign on the Site and request Contributions, you acknowledge that you are entering into separate legal agreements with both CineBacker and your Contributors. The following rules apply in addition to all other Terms and Additional Policies:
- Good Faith Efforts: You must make genuine efforts to deliver the Perks associated with your Campaign within the timeframe communicated to Contributors and prioritise their fulfillment.
- Timely Responses: Respond promptly and truthfully to all questions posed in comments, messages, or updates, including any questions or requests from CineBacker to verify your ability to fulfill your Campaign. If you are unresponsive or a dispute arises between you and your Backers, CineBacker may disclose your name, legal mailing address, and email address to your Contributors, or as required by law.
- Regular Updates: Provide substantive and quality updates to Contributors at least once a month. Notify Contributors immediately if there are obstacles or delays affecting your Campaign.
- Issuing Refunds: If you receive Contributions but are unable to deliver Perks, you must issue refunds to Contributors.
- Compliance with Laws: Adhere to all applicable laws and regulations concerning your Campaign and Perk(s), the use of Contributions, and the delivery of Perks.
- Substantiation of Claims: Campaign Team Members must be prepared to substantiate claims made by your Campaign, including product features, capabilities, development stage, and delivery timelines with verifiable evidence if requested. If you are unable to uphold claims, CineBacker may terminate your account, withhold funds, disclose your name, mailing and email address, or take other actions to enforce its rights under this Agreement and applicable law.
- Use of PII: When using the Services to create a Campaign, you may receive personally identifiable information (PII) about Users who have contributed to your Campaign, such as names, email addresses, and physical addresses. This information is provided solely for fulfilling the Perks for the applicable Campaign and other Services and may not be used or disclosed for any other purposes, including cross-promotional marketing, without separate, verifiable consent from the User. You must maintain and, if requested, produce records of all such verifiable consent.
- UK Data Protection: As a Campaign Owner, you are independently responsible for fulfilling all duties required of data controllers under applicable UK data protection law. This includes:
- Determining and establishing the necessary legal basis for the collection or processing of personal information;
- Managing and reporting data security incidents;
- Handling data transfers;
- Entering into contracts with data processors that provide adequate protections for personal data;
- Maintaining records of your data processing activities;
- Conducting required data protection impact assessments;
- Implementing and maintaining measures required by the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
- Data Subject Requests: You and CineBacker have independent obligations to respond to any requests from UK data subjects regarding personal data, including those set forth in the UK GDPR. The party receiving the data request is responsible for responding to it. Campaign Owners and CineBacker shall cooperate and assist each other with these requests as legally permissible.
- UK Privacy Regulations: As a Campaign Owner, you must comply with all applicable UK privacy laws and regulations. This includes:
- Providing necessary notices to consumers, including a privacy policy and any required information about financial incentives, if applicable;
- Responding to and honouring access and deletion requests from consumers;
- Implementing reasonable security measures as required by UK privacy laws;data transfers;
- Maintaining records related to your receipt and responses to consumer access and deletion requests;
- Entering into appropriate contracts with vendors where required by law. The party receiving a consumer request related to privacy laws is responsible for responding to it. Campaign Owners and CineBacker shall reasonably cooperate and assist each other with these requests to the extent legally permissible.
- Fee Structure: Campaign Owners are charged a 10% Platform Fee as a percentage of the Contributions they raise. Platform Fees are effective from the date they are posted and may be updated from time to time. Platform Fees will be charged at the then-current rate.
- Tax Obligations: Tax authorities may classify Contributions as taxable income for the Campaign Owner and any beneficiaries who receive funds directly from the Campaign. CineBacker may request the tax identification number (TIN) of Campaign Owners and beneficiaries for reporting taxable income to the relevant tax authorities. CineBacker will provide tax documents if required by these authorities. CineBacker does not offer tax advice and suggests that Users and third parties consult with their own tax advisors. The shipment of Perks to Contributors may also create sales tax or VAT obligations for Campaign Owners and Contributors.
- Information Requests: CineBacker does not guarantee any Campaigns nor undertake the responsibility to investigate or moderate any statements made by Campaign Owners. However, CineBacker may request information from Campaign Owners to investigate potential breaches of this Agreement. This information may include, but is not limited to, details supporting Campaign statements, evidence of actions to deliver promised Perks, shipping timelines, source documentation substantiating product claims and Campaign promises, product prototypes, and personal information to confirm the identity of Campaign Owners, vendors, and suppliers. You agree to provide this information to CineBacker upon request. Failure to provide the requested information within 14 days, or a longer period specified by CineBacker in writing, will be considered a material breach of this Agreement.
- Withholding Funds: Campaign Owners are not guaranteed to receive Contributions even after the Campaign has ended and the fundraising goal has been met. There may be delays between the end of a Campaign and the remittance of Contributions to a Campaign Owner due to reasons including, but not limited to, refunds, chargebacks, fraud, breaches of Terms or other policies, or any other situation. For instance, CineBacker may withhold Contributions if a Campaign Owner breaches any Terms (as determined by CineBacker in its sole discretion). CineBacker may also withhold funds while awaiting information requested or during any investigation into your account. If you fail to provide the requested information within the specified time or cannot substantiate claims made in your Campaign, CineBacker may terminate your Campaign and account and seek remedies available under this Agreement or applicable law. CineBacker may also withhold funds for any other breach of this Agreement and may seek reimbursement through lawful means, including third-party collection services.
- Refund Policy: CineBacker offers limited refunds to Contributors in accordance with its Refund Policy. Refunds outside of this policy must be managed by the Campaign Owner, and CineBacker has no obligation to provide refunds or mediate disputes between Campaign Owners and Contributors. CineBacker reserves the right to terminate User Accounts and remove Campaigns for abuse of the Refund Policy. Additionally, CineBacker may issue refunds at its discretion outside of the Refund Policy.
- Campaign Owner Responsibility: As a Campaign Owner, you are solely responsible for fulfilling the obligations of your Campaign and delivering Perks. If you fail to meet these obligations or any other legal requirements, you may face legal action from Contributors. Your legal mailing address and contact information may be shared with Contributors seeking legal recourse.
When creating a Campaign, you enter into legal agreements with both CineBacker and Contributors. The following rules apply under UK law:
- Good Faith Efforts: You must make genuine efforts to fulfil the Perks associated with your Campaign within the communicated time-frame and prioritise their fulfilment.
- Responsiveness: Respond promptly and truthfully to all queries from CineBacker or Contributors. If disputes arise or you become unresponsive, CineBacker may provide your contact information to Contributors or as required by law.
- Updates: Provide substantive updates at least once a month to Contributors. Notify them immediately of any delays or obstacles.
- Refunds: If you receive Contributions but cannot deliver Perks, you must issue refunds to Contributors.
- Compliance with Laws: Adhere to all relevant laws and regulations concerning your Campaign and Perks, including the use of Contributions.
- Truthfulness and Transparency: Be prepared to substantiate all claims made in your Campaign, including product features, development stages, and delivery timelines, with verifiable evidence. Failure to do so may result in account termination or other enforcement actions by CineBacker.
- Privacy: Use personal information obtained through the Campaign only for fulfilling Perks and related services. Do not use it for other purposes without separate, verifiable consent from the Contributor, in compliance with data protection laws such as the UK GDPR.
- EEA Data Controller Obligations: As a Campaign Owner, you must comply with data controller duties under applicable EEA data protection laws, including the GDPR. This includes establishing the legal basis for data processing, managing security incidents, handling data transfers, and responding to data subject requests.
- UK Privacy Regulations: Comply with all applicable UK privacy laws and regulations, including providing necessary consumer notices and responding to access and deletion requests.
As a Contributor, when making a contribution, the following terms apply
- Voluntary Contributions: Contributions are made voluntarily and at your own risk.
- No Guarantee of Success: CineBacker does not guarantee that Campaigns will succeed or that Perks will be delivered as expected. You accept the risk that the Campaign may face challenges or may not be completed.
- Limited Refunds: Refunds are only available as outlined in CineBacker's Refund Policy, provided the Campaign has not ended, the Contribution has not been sent to the Campaign Owner, and you have not received a Perk. CineBacker is not obligated to mediate refund disputes between Contributors and Campaign Owners.
- Credit Card Charges: Your card will be charged upon confirming your contribution.
- Campaign Owner Communications: Campaign Owners may contact you for additional information needed to fulfil a Perk. Failure to provide the requested information may result in forfeiting the Perk.
- Tax Responsibility: You are responsible for determining the tax implications of your contributions and any received Perks. CineBacker does not provide tax advice.
- Platform Provider: CineBacker provides a platform for Campaign creation and user interaction but does not endorse or verify User Content. Campaign Owners are solely responsible for their Campaigns.
- User Content Rights: CineBacker may modify or remove User Content at its discretion. User Content remains the property of the Campaign Owner, but by submitting it, you grant CineBacker rights to use, modify, and distribute it as necessary.
- Account Termination: CineBacker reserves the right to monitor, suspend, or delete User Accounts or Campaigns at its discretion. You must cease all use of services if your account is terminated. CineBacker may refund Contributors and seek reimbursement from Campaign Owners in the event of termination.
- Third-Party Payment Processing: Payment processing for Campaign Owners via credit cards is managed by PayPal, Inc. ("PayPal"). By using PayPal’s services, you agree to the PayPal Connected Account Agreement and the PayPal Terms of Service (collectively, the "PayPal Services Agreement"). These agreements may be updated by PayPal periodically. CineBacker is not liable for the performance of PayPal or any other third-party payment service provider.
- Information Sharing: You must provide accurate and complete information about yourself and your business to CineBacker, which will be shared with PayPal for payment processing purposes. Inaccuracies or false information may lead to delays or the inability to process payments.
- Fees: Standard credit card processing fees and third-party payment fees apply in addition to CineBacker’s Platform Fees.
- Availability: The CineBacker platform and services may be unavailable at times due to scheduled maintenance, unplanned outages, or other issues. CineBacker is not responsible for any losses of data, information, or User Content resulting from these outages.
- Non-Confidentiality: Any ideas, comments, or suggestions you submit to CineBacker are considered non-confidential and non-proprietary.
- License to Use Submissions: By submitting an unsolicited idea, you grant CineBacker a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, sell, exploit, and create derivative works of the submission. CineBacker may use these submissions for any purpose, without compensation to you.
- No Obligation to Use: CineBacker is under no obligation to evaluate, review, or use any unsolicited ideas or submissions.
- Indemnification: You agree to indemnify, defend, and hold harmless CineBacker, its subsidiaries, affiliates, officers, directors, employees, partners, contractors, agents, and third party providers from any claims, damages, liabilities, costs, or expenses arising from your use or misuse of the Services, breach of the Terms, or violation of any applicable laws. CineBacker reserves the right to assume exclusive defence and control of any matter subject to indemnification, at its own expense.
- Disclaimer of Warranties: CineBacker provides the Services, Content, and User Content on an "as is" and "as available" basis without any warranties, either express or implied. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted service. CineBacker does not warrant that the Services will be error-free, secure, or free from viruses or other harmful components.
- Risk of Use: Your use of the Services is entirely at your own risk. CineBacker disclaims any warranties arising from course of dealing, performance, or trade usage, and any opinions, advice, or statements from CineBacker or its affiliates do not create any warranties.
- No Guarantee of Campaigns or Perks: CineBacker makes no representations or warranties regarding the quality, safety, legality, or accuracy of any Campaign, Perk, or Contribution, or the truthfulness of User Content posted on the platform. We do not guarantee that Campaign Owners will fulfil their promises or that Contributions will be used as described. The responsibility for assessing the validity and reliability of a Campaign rests entirely with you, the User.
- No Endorsement of User Content: CineBacker does not control or endorse any User Content, and therefore cannot guarantee its reliability, validity, or truthfulness. Users should exercise caution and due diligence when engaging with or relying on User Content.
- Waiver of Claims: By using the Services, you release CineBacker from any and all claims, damages, and demands arising from or related to your use of the Services. This includes claims related to User Content, Campaigns, Contributions, and interactions with other Users or third parties. This waiver applies to known and unknown claims, and you assume full responsibility for any resulting damage or loss.
- Assumption of Risk: You acknowledge that the entire risk arising from your access to and use of the Services, User Content, and any interactions with other Users or third parties (whether online or offline) remains with you. CineBacker is not liable for any damages arising from these activities, including but not limited to:
- Incidental, special, exemplary, or consequential damages, such as lost profits, data loss, or loss of goodwill.
- Service interruptions, computer damage, or system failures.
- Costs associated with obtaining substitute products or services.
- Personal or bodily injury, or emotional distress.
- Inability to use the Services.
- Communications or interactions with other Users or third parties resulting from your use of the Services.
- Issues related to your Campaigns or Contributions.
- Limitation of Liability: CineBacker's total aggregate liability, including that of its affiliates, subsidiaries, officers, directors, employees, and agents, arising from or related to the Terms, Services, User Content, or your use of the Services, will not exceed the total amount of fees you have actually paid to CineBacker. This limitation applies to the fullest extent permitted by law.
- Compliance Obligations: You agree to comply with all applicable import, export, reimport, and re-export control laws and regulations, including but not limited to the UK Export Control Order and other relevant regulations. This includes ensuring that any thirdparty products funded through CineBacker are used in compliance with these regulations.
- Restrictions on Exported Items: You are advised that any items shipped to you are controlled by the relevant authorities and are authorized for export only to the specified country of destination for use by the identified end-user(s). These items may not be resold, transferred, or otherwise disposed of to any other country or person without prior approval from the relevant authorities, or as otherwise authorized by law.
- Indemnification: You agree to indemnify and hold CineBacker harmless from any penalties, fines, attorneys’ fees, and other expenses arising from or related to your failure to comply with export control laws and regulations.
- Waiver of Claims: As a condition of this Agreement, UK residents must waive any statutory rights that would otherwise apply. This waiver applies to all similar provisions in any jurisdiction.
- Jurisdiction and Governing Law: Any legal disputes not subject to arbitration will be governed by the laws of England and Wales. You and CineBacker agree to submit to the exclusive jurisdiction of the courts of England and Wales.
- Dispute Resolution: If a dispute arises, you must first attempt to resolve it informally by contacting CineBacker at info@cinebacker.com with your name, address, a description of your claim, and the relief you seek. If the dispute is not resolved within 45 days, you may pursue formal legal action. CineBacker
- Individual Arbitration Only: Both you and CineBacker agree that any arbitration will be conducted solely on an individual basis and not as a class action or any other representative action. This means that you and CineBacker cannot bring claims as a group or class action.
- Consolidation of Arbitrations: Individual arbitrations may be consolidated if they relate to or arise out of the same or substantially the same transactions or occurrences. If consolidation is requested and approved, the arbitrations will be heard by a single arbitrator in one consolidated proceeding.
- Factors for Consolidation: The following factors may be considered when requesting consolidation:
- Common questions of law or fact exist among the arbitrations.
- The issues in multiple arbitrations are largely identical.
- There are common claims, disputes, defences, and relationships between the parties in the different arbitrations.
- A party is named in multiple pending arbitrations.
- The arbitrations relate to the same campaign on CineBacker’s platform.
- Consolidation will save time and resources.
- One party would be seriously prejudiced by having multiple arbitrations heard separately.
- Waiver of Rights: By agreeing to these terms, you waive your right to trial by jury and your right to participate in a class action. CineBacker also waives these rights.
- Intellectual Property and Small Claims: Notwithstanding the arbitration agreement, either party may bring enforcement actions, validity determinations, or claims related to intellectual property rights (such as patents, copyrights, trademarks, and trade secrets) in the relevant courts in the UK. Additionally, either party may seek relief in a small claims court for disputes or claims within the court’s jurisdiction.
- 30-Day Right to Opt-Out: You have the right to opt out of the arbitration and class action waiver provisions within 30 days of either creating a CineBacker account, your first transaction with CineBacker, or receiving notice of material changes to these terms. To opt out, send an email from your registered email address to CineBacker with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT."
- Effect of Opt-Out: If you opt out, you retain the right to pursue claims in court and participate in class actions, and CineBacker also retains the right to litigate in court and be subject to class action litigation.
- Modification for Enforceability: If a court or arbitrator finds any part of the Dispute Resolution, Arbitration, and Class Action Waiver section invalid or unenforceable, that part will be severed or modified only to the extent necessary to make it lawful. This will not affect the enforceability of the remaining terms
- Governing Law: The relationship between you and CineBacker is governed by the laws of England and Wales, without regard to conflict of law provisions. The Dispute Resolution, Arbitration, and Class Action Waiver section will survive the termination of your account, these Terms, or the Services.
- Campaign Owners/Campaigners: Users who raise funds through CineBacker’s platform.
- Campaigns: Fundraising campaigns by Campaign Owners.
- Content: All materials provided through the Services, including text, graphics, audio, and video.
- Contributors/Backers: Users who contribute funds to Campaigns.
- Contributions: Funds donated to Campaigns.
- CineBacker/We/Our/Us: Refers to CineBacker Ltd, including its affiliates and representatives.
- CineBacker Content: Content provided by CineBacker, including software and site content.
- Infringement: Unauthorized use of copyrighted material or intellectual property rights.
- Marks: Trademarks and logos used by CineBacker.
- Perks: Rewards offered by Campaign Owners to Contributors.
- PII: Personally identifiable information as defined by applicable laws.
- Privacy Policy: CineBacker’s Privacy Policy, which is incorporated into these terms by reference.
- Services: The Site, mobile applications, and other offerings provided by CineBacker.
- Site: The CineBacker website(s).
- Terms: The Terms of Use, Additional Policies, and all referenced laws and policies.
- User/You/Your: User/You/Your: Refers to Campaign Owners, Contributors, or any visitors to the Site or Users of the Services.
- User Content: Content uploaded or posted by Users, including Campaign content.
- Modifications: CineBacker may modify or discontinue Services at any time. No third-party beneficiaries exist under these Terms unless expressly provided.
- Waiver: CineBacker's failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.
- Statute of Limitations: Any claim related to the Services must be filed within one year of the cause of action.