These General Terms and Conditions (“GTC“) apply to the access to and the use of the “EmotionTime” Platform (“Platform“) and related services (as described in more detail in section 2 below) offered by EmotionTime Animation Studios, Stationsstrasse 16, 9212 Arnegg, Switzerland (“Company“).
In order to access or use the Service, you (“User“) must agree to these T&Cs. If the User does not agree to the GTC, they may not use or access the services.
These GTC, together with other legally binding agreements between the Company and the User, form the agreement (“Agreement“) for their respective rights and obligations.
If the User does not agree to these GTC, they may not use or access the services.
The services are made available exclusively to persons who are at least 18 years old. The User represents and warrants that they not a natural person or legal entity prohibited from using the services under the laws of Switzerland, their country of residence or any other applicable jurisdiction. Accounts registered by bots or automated methods are not permitted and will be deleted.
The Company operates the “EmotionTime” Platform. On the Platform, Users can make available and coordinate artistic content such as image, sound, or text material and artistic services such as directing or Project management services (together the “Project Contributions“), with the aim of jointly creating films or series (“Project“) via the Platform. The Company enables Users to offer their Project Contributions via the Platform and to realize and coordinate Projects (“Services“). For the avoidance of doubt, the Company’s Services only serve to mediate the Project Contributions and the Users have no claims against the Company as a result of, and no success is owed for, such mediation.
The User shall register an account in order to use all or part of the Services.
The User shall provide correct, current and complete information when registering and keep their account information up to date. Accounts registered using bots or automated methods are not permitted and will be deleted.
The User is responsible for maintaining their access data confidential and secure and shall not make their access data accessible to third parties. The User is responsible and liable for the activities carried out using their account and shall notify the Company immediately if they suspect that their access data has been lost or stolen or that their account has been compromised in any other way.
4.1 Publication of script
Users have the opportunity to submit script for potential Projects on the Platform. The scripts are not initially visible to other Users. The Company reserves the right to review submitted scripts prior to publication and to decide on the publication and scope of publication on the Platform at its own discretion.
If the Company decides not to publish a script, the User will be informed accordingly. There is no right to publication.
4.2 Project items
Each script is assigned a producer who is part of the Company (“Producer“). For a given Project, multiple items are available for which various Project Contributions are made (“Project Items“, the Project Items within a Project together as the “Project Team“) in order to be able to realize the Project. The Project Items are defined and advertised by the Producer. A special Project Item is assigned to the director, who is the main person responsible for the realization of a Project (“Director“). After publication of the Project Items, the Users can apply for the Project Items with their individual Project Contribution and are selected for a Project Item and their related Project Contribution at the sole discretion of the Producer.
4.3 Planning phase
The Director and the Company (respectively, the Producer) agree on a deadline within which the Producer collects the Project Contributions from the Users for the Project Items required for the realization of the Project (“Planning Deadline“). The Producer defines any technical requirements that the Project Contributions must fulfil. Users who agree to participate in a Project with a Project Contribution are obliged to deliver their Project Contribution and cannot withdraw from their decision to take part in the Project. If it is not possible to fill the required Project Items within the Planning Deadline, the Company reserves the right to cancel the Project.
Once all Project Items have been filled, the Company and the Producer agree on a production deadline (“Production Deadline“) within which production is to be completed, whereby the Company has the final decision. The Production Deadline starts with the beginning of production. The Producer determines the starting date of the production (“Production Start“), which shall be within three months from the end of the Planning Deadline.
4.4 Production phase
The Director shall inform the Company if the production of a Project cannot be successfully completed, e.g. because the Production Deadline has passed. The Director may request an extension of the Production Deadline. The Company decides at its own discretion whether to discontinue the production (“Production Discontinuation“). Users may request reimbursement of costs incurred in the event of a Production Discontinuation from the Company. The Company decides on the reimbursement of such costs at its own discretion and the Users are not entitled to such reimbursement of costs.
Changes to a Project during the Production Deadline can only be made with the consent of the Director and the Producer, the latter representing the Company.
The Director shall inform the Company of the completion of the production. The Company determines at its own discretion whether the production is to be considered as successfully completed (“Production Completion“).
4.5 Distribution
After completion of production, the Project is marketed and distributed by the Company. In the following, the term “Project Profits” refers to the profits generated by the Company through the direct broadcasting, licensing or other exploitation of the specific content created as part of the Project, after deduction of marketing, distribution, VAT and production costs (the involved costs). The Project Profits do not include other revenue generated by the Company from the Project, e.g., from derivative works such as merchandising, spin-offs and sequels, books or comics, and prize money.
The User shall pay the agreed monthly fees for the use of the Platform and the provision of the Services to the Company, via one of the payment methods provided by the Company.
Recurring fees are payable in advance, invoices are due within 30 days. Late payments will result in an interest rate of 5% p.a.
Unless expressly stated otherwise, all fees are in CHF and include VAT and other applicable taxes.
The Company may change the fees at any time. All fee changes will take effect at the earliest 30 days after notification of the change to the User.
If the User fails to pay the applicable fees as agreed between the Parties, the Company reserves the right to restrict or block access to the Service after the User has been notified of the non-payment. In the event of suspension, the User shall remain liable for all costs and fees incurred during the suspension. The company may delete suspended amounts in case the outstanding fees are not paid.
Any rights of set-off, retention, deduction, counterclaim and/or withholding of payments due to the Company under this Agreement are hereby expressly waived and excluded.
In the event of termination, the User shall be liable for the full monthly membership irrespectively of the termination date. No pro rata reduction is applied on the last monthly fee.
To the extent permitted by law, all fees are non-refundable.
The Project Contribution by the User has only ideal non-material value, is free of charge and serves only to realize the Project. The scope and conditions of a Project Contribution are defined on the Platform. It is possible for Users to receive a share of the profits (“Profit Share“) on the basis of their Project Contribution in the event of a successfully completed and profitably marketed Project. Any further applicable conditions related to the Profit Share are regulated and available in detail on the Platform.
If agreed on the Platform, the User receives a Profit Share for their Project Contribution. The conditions of the Profit Share are regulated in detail by the agreement on the Platform. It is specified that a Profit Share for a given User is only paid on the basis of their respective Project Contribution under the conditions specified on the Platform and that there is no entitlement to remuneration for past or future services provided by the User.
The User is entitled to the percentage of the Project profit (“profit share“) specified for the Project item on the Platform, which is achieved within 10 years of completion of production. Payment shall be made monthly at the beginning of the month for the profit share of the Project profit falling in the previous month. Users who violate this agreement forfeit all previous and future claims to payment. The profit share is the only form of remuneration granted to Users for their Project Contributions. Exchange rate losses and transaction costs shall be borne by the User. The Company reserves the right to waive payment of the Project contribution if the amount paid out would not cover the transaction costs and exchange rate losses incurred.
If the User does not make his Project contribution as specified in the Project item after the start of production and before the end of production of a Project, or if he discontinues his participation in the Project, he loses his entitlement to the full profit share.
The Company provides the User with the Services specified in the Agreement.
The Company:
The User is entitled to freely determine their working method within the framework of the creation of the Project and is not subject to any instructions from the Company. The User is responsible for the payment of any taxes or other duties that may be due on the Profit Share. The User may only use other persons for their Project Contribution with the written consent of the Producer. In any case, the User remains responsible to the Producer for the proper execution of their Project Contribution.
The User undertakes to use the Services in accordance with the Agreement and all legal and moral obligations applicable in the territory in which the User is located.
The User shall cooperate in the performance of this Agreement to the extent necessary and free of charge. The User shall provide the Company with all necessary information, documents, materials, access, software, data, competent personnel and anything else reasonably required for the provision of the Services.
In addition, the User is obliged to inform the Company immediately of any errors that occur and to support the Company in analyzing and, if necessary, eliminating errors and malfunctions to the extent required.
If the provision of the Services under this Agreement is delayed due to the User’s non-compliance with their obligations to cooperate or due to other circumstances for which the User is responsible, the User shall bear the resulting disadvantages and additional costs.
The User shall inform the Company immediately of any circumstances within the User’s sphere of control that could jeopardize the provision of the Services or be of significance to the Company, as well as of any misuse or suspected misuse of the Services.
The User shall:
The User agrees that, without the prior written consent of the Company, the User shall not
The User shall not sell, sublicense, grant access to or otherwise make available the Project Contributions, Services or parts thereof to third parties.
The User shall check their data and information for viruses or other harmful components before entering them and to use the latest virus protection programs for this purpose.
The User agrees not to use or exploit the Services, parts thereof or content contained therein for data mining or similar activities.
The Agreement between the Parties shall remain in full force and effect for the duration of the selected membership.
The Agreement is automatically renewed for the same term unless the Agreement is terminated. If there are open Projects when
the Agreement is terminated, the Agreement shall continue to apply within the scope of the Projects concerned.
Either Party may terminate the Agreement at any time with immediate effect if the other Party is in material breach of the Agreement. This includes, in particular, late payment by the User or the initiation of bankruptcy proceedings against the other Party.
In all other cases, either Party may terminate at the end of each term by notifying the other Party in text form or via the Platform before the end of the respective term.
Termination shall not affect the rights, obligations or liabilities of either Party which arose prior to termination or which are to continue beyond termination, such as obligations arising from ongoing Projects, confidentiality or exclusivity obligations.
The User represents and warrants to the Company that the User is the sole owner or is authorized to represent all owners of all copyrights and related rights, ancillary copyrights, rights of use and exploitation and other intellectual property rights (“IP Rights“) in the Project Contributions that the User uploads to the Platform.
The User transfers the IP rights to their Project Contributions to the Company upon delivery of the Project Contributions in accordance with the Company’s instructions.
If no Production Start took place within 3 years after the publication of a Project Contribution on the Platform, or in the event of a Production Discontinuation in accordance with this Agreement, all IP rights to the Project Contributions shall revert to the Users.
Scriptwriters who believe that their moral rights or any rights derived therefrom have been infringed by the Company undertake to first contact the Company in writing in order to reach an amicable settlement negotiated in good faith.
The Parties may disclose confidential information to each other. Confidential information includes, but is not limited to, all Project information, Project Contributions, Project Contributions information, and any information marked as confidential, such as names, contact information, content, images, professions, profit sharing, organizational information, customer databases, functionalities and features of the Services, or information that is otherwise marked as confidential or could reasonably be considered confidential and attributable to the User or the Company.
Publicly available or accessible information and information that the receiving Party has lawfully and unrestrictedly obtained or independently developed shall not be considered confidential.
Each Party undertakes to protect all confidential information. This confidentiality obligation shall remain in force after the termination of the Agreement. The Company and the User may further define their confidentiality obligations in a non-disclosure agreement, in which case the provisions of the non-disclosure agreement shall prevail.
The Company collects and processes personal data as described in its Privacy Policy, which is available at [https://emotiontime.com/privacy-policy/]. The Company protects the personal data collected through appropriate technical and organizational measures and in accordance with the data protection laws applicable in Switzerland and the European Union.
The User authorizes the Company to use, process and store data relevant to the performance of the Agreement and to use anonymized data to improve its Services or for analysis purposes.
The Company shall be fully liable to the User for damages resulting from gross negligence or willful misconduct. In all other cases, the Company’s liability under the Agreement is excluded to the maximum extent permitted by applicable law.
Neither Party may claim from the other, regardless of the legal cause, any amount for loss of profits, loss of data or goodwill, or for consequential, incidental, indirect, punitive or special damages in connection with any claim arising out of this Agreement or otherwise in connection with the Services, whether or not the likelihood of such loss or damage has been considered. The Company shall not be liable for the inaccuracy or incompleteness of the Services or the incompatibility of the Services with the specific objectives that the User seeks to achieve.
Neither Party shall be liable for any breach of this Agreement (except for payment obligations) due to circumstances beyond the control of the parties (force majeure).
User agrees to indemnify and hold Company harmless from any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (i) breach of this Agreement or of any law by User, User’s employees or others acting on User’s behalf; (ii) breach of User’s representations and warranties set forth in the Agreement; or (iii) infringement by User of the rights of any third party.
The User acknowledges and agrees that the Services are provided on an “as is” and “as available” basis and that the Company makes no warranties or representations of any kind with respect to the Services or the information and materials contained therein. The Company provides the Services to the User and uses reasonable care and skill in providing the Services.
The Company does not warrant that the Services will be error-free or operate without interruption or disruption. The Company may, at its sole discretion, carry out maintenance or improvements to the Services and its infrastructure and the User acknowledges that this may occasionally result in temporary delays and interruptions. To the extent reasonable and possible, the Company will notify the User in advance of any possible interruptions. Any further warranty is excluded.
The User authorizes the Company to use its name, image, logo and a brief description of the services provided for promotional purposes on the Company’s website and other marketing or investment materials. Any other use requires the prior consent of the other Party. Consent should not be unreasonably withheld or revoked.
Registration on the Platform and use of the service is not permitted if
is subject to sanctions in accordance with the respective valid version of one of the following sanctions lists:
The User undertakes to notify the Company, to delete his account immediately and to stop using the Services if any of these conditions are met after registration.
The Company reserves the right to verify the User’s identity and domicile or residence details at any time by any means necessary to ensure compliance with this section.
If the User uses the Services breach of the provisions of the present section, the Company may terminate the Agreement immediately and block both access to the Service and the Account of a the User without prior notice.
Entire Agreement: This Agreement is the entire agreement, and supersedes all prior agreements, between the Parties relating to the scope of this Agreement.
Deviation: Any deviation from the GTC that is not provided for in the GTC requires an explicit reference to the amended clause of the GTC. The User’s terms & conditions are excluded unless they have been expressly accepted by the Company.
Notifications: Notifications must be made in text form by e-mail and must be transmitted:
No assignment: The User may not assign its rights, obligations or claims under the Agreement without the prior written consent of the Company.
Severability clause: If any provision of this Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain mutatis mutandis in full force and effect.
Language: These GTC are available in more than one language version. In the event of a discrepancy between the English version of these GTC and a version in another language, the English version shall prevail.
Applicable law & place of jurisdiction: These GTC and all legal relationships arising from this contractual relationship are subject to Swiss law, to the exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the registered office of the Company shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the GTC, insofar as this is legally permissible.
Links: The Services may contain third party content or links to third party websites. The Company bears no responsibility and makes no warranties or representations with respect to third party content or websites, including but not limited to the accuracy, subject matter, quality or timeliness.
Version 1.0 – 25 March 2024