TERMS AND CONDITIONS – for Enhanced Services

You are about to purchase for an access to a particular movie project (“Enhanced Service”). Your purchase, access and use of the Enhanced Service shall be governed by these Terms and Conditions for Enhanced Services (“Enhanced Agreement”) and the General Terms and Conditions of the WayWeSee Studios Website and Service (“General Agreement”). In case of any discrepancy between this Enhanced Agreement and the General Agreement this Enhanced Agreement shall prevail.

By completing your purchase of Enhanced Service you explicitly accept and agree to be bound by this Enhanced Agreement, the General Agreement as well as any guidelines and instructions published on the Website. Please read this Enhanced Agreement carefully before completing your purchase.

Please note that currently the Enhanced Services can not be purchased trough mobile devices. However, once you have purchased for Enhanced Services these are, with some limitations (like voting), also accessible through mobile devices.

Description of the Enhanced Service

General

The Way We See Studios is a world’s first democratic movie studio (“Service” which includes also the Enhanced Service). The basic idea of the Service is to create an active community for the planning and thereafter, as the case may be production of movies. Accordingly our intention is to let you decide on the critical aspects of making movies. We are not here to make the movies ourselves – that is something for the professionals to do. We are here to provide you a platform where to decide which stories shall be made to movies and how.

Production Phases

Each movie project shall be divided into five (5) phases:

• PHASE I – planning.

In this phase I the community (you and other participants) chooses 20 pitches for a shortlist. These 20 pitches are then voted by the community and as a result of this Phase I one of these 20 pitches shall be declared the winner of the shortlist vote.

• PHASE II – preproduction;

• PHASE III – production;

• PHASE IV – post production; and

• PHASE V – distribution.

PLEASE NOTE THAT WE CAN ONLY GUARANTEE THE COMPLETION OF PHASE I. THE COMMENCEMENT AND COMPLETION OF PHASE II IS SUBJECT TO THE ACCRUAL OF NECESSARY MONIES WHICH ARE NEEDED FOR THE COMMENCEMENT OF AND RESPECTIVELY COMPLETION OF THIS PHASE II. THIS IS DEPENDENT ON THE NUMBER OF PARTICIPANTS FOR THE RESPECTIVE PROJECT AND THE PRODUCTION BUDGET GENERATED BY THESE PARTICIPANTS. THE COMMENCEMENT AND COMPLETION OF SUBSEQUENT PHASES III TO V IS FURHERMORE SUBJECT TO THE ACCRUAL AND SUFFICIENCY OF THE MINIMUM PRODUCTION BUDGET TO COVER THE PRODUCTION EXPENSES. NO PARTICIPATION FEES SHALL BE REFUNDED BASED ON THE INCOMPLETION OF ANY OF THE PHASES II TO V FOR ABOVE (FINANCIAL) REASONS.

Contents of Enhanced Services

By purchasing for Enhanced Services and upon payment of your participation fee (“Participation Fee”) you are entitled to the following:

Participation fee of 10 € (+ VAT 22%) - planning, preproduction and production

• To participate in phase I and phases II – III, if any, above of one (1) movie project with one (1) vote in each of the critical decisions submitted by Us to be voted by you and others who have participated in the same movie project (NOTE: phases II – III are always subject to materialisation of the production budget, see section “Production Phases” above);

• Access to the discussion forum designated for the movie project in question;

• To post your own ideas about stories to be filmed (these may be included in the Service); and

• To post your own CV and to promote yourself or your friends (with their approval, of course).

Participation fee of 20 € (+ VAT 22%) - as above + post production and distribution

• Upon Participation Fee of 20 € (+ VAT 22%) you get all the features and benefits as listed above; and

• To participate in phases IV – V above, if any, of one (1) movie project with one (1) vote in each of the critical decisions submitted by Us to be voted by you and others who have participated in the same movie project (NOTE: phases IV – V are always subject to materialisation of the production budget, see section “Production Phases” above)

It may also be possible to participate in phases IV – V separately for a Participation Fee which is to be announced on the Website.

Participation Fee and Expenditure

Each of the movie projects open for participation is subject to a separate Participation Fee of 10 € or 20 € (+ VAT 22%) per movie project. You may participate to just one (1) or more projects as you prefer. Please be aware that for the time being the amount of projects is limited. The Participation Fee may be paid with a credit card or by PayPal. Currently we accept Visa, MasterCard and American Express.

The Participation Fee paid by you is subject to deduction of operational costs of the Service (“Deductible Expenses”), including but not limited to operation of the Website, personnel expenses, expenses regarding credit card payments and taxes, and the rest shall be used to accumulate the production budget of the respective movie project. We pursue cost efficiency in all of our operation and pursue to keep the Deductible Expenses in the maximum of 10 % (ten percent) in the long term.

Please note that We may also act as producers regarding a particular movie project which costs are not covered by the Deductible Expenses (estimated 10 %), but covered from the production budget.

The possible proceeds from the already completed movie projects shall be used for the benefit of the future movie projects. We do not take margins from the Participation Fees (except for our direct costs) or from the possible profits generated by the completed movie projects.

Expenditure in Case the Movie Project Shall Remain Incomplete

PLEASE NOTE THAT NO PARTICIPATION FEES SHALL BE REFUNDED BASED ON THE INCOMPLETION OF ANY OF THE PHASES II TO V FOR THE REASONS STATED IN THIS ENHANCED AGREEMENT (please see above for “Production Phases”).

IN CASE THE MOVIE PROJECT IS TERMINATED BASED ON THE INCOMPLETION OF ANY OF THE PHASES II TO V FOR THE REASONS STATED IN THIS ENHANCED AGREEMENT, ANY AND ALL MONIES WHICH ARE LEFT AFTER THE DEDUCTION OF DEDUCTIBLE EXPENSES SHALL BE USED TO ACCUMULATE THE PRODUCTION BUDGET OF SOME OTHER MOVIE PROJECT. IN CASE OF SIMILAR TERMINATION OF THIS NEW MOVIE PROJECT THE MONIES LEFT AFTER THE DEDUCTION OF DEDUCTIBLE EXPENSES SHALL BE DONATED TO SUPPORT EDUCATIONAL PURPOSES WITHIN THE FILM INDUSTRY. THE EXACT BENEFICIARY SHALL BE VOTED BY THE RESPECTIVE PARTICIPANTS.

No Right of Cancellation

By completing your order for the Enhanced Service and upon payment of your Participation Fee you explicitly agree that you will be granted access to the Enhanced Service immediately and due to this you may not cancel your order. Please note that we also provide you a possibility to review the Service free of charge before completing your order for the Enhanced Services.

Voting

Our intention is to submit all critical issues of each individual project to be decided by vote among those who have participated in the respective project. Depending on the features of each individual project, the issues to be voted may include the following:

• Choosing the team for the movie (director etc.)

• Choosing actors

• Choosing locations

• Choosing distributors / studio partners

• Other questions submitted to vote by the production team

• Choosing the format to distribute the movie

• Additional endings (if any)

• Extra material for DVD

PLEASE NOTE THAT THE EXECUTIVE PRODUCER (DESIGNARTED BY US) OF EACH INDIVIDUAL PROJECT HAS THE RIGHT TO VOTE DOWN ANY DECISION MADE BY THE PARTICIPANTS IF THIS IS DEEMED NECESSARY IN THE BEST INTEREST OF THE PROJECT OR THE COMMUNITY, INCLUDING BUT NOT LIMITED TO FINANCIAL REASONS.

Materials Posted by You

As already stated in the General Agreement, you understand that you are fully responsible for all materials, including but not limited to information, text, ideas, opinions, audiovisual material etc., which are posted by you to be included in the Service and/or the Enhanced Service. You warrant and undertake that any and all material supplied by you does not infringe the intellectual property rights or other rights of any third party, including without limitation the copyright of any third party. We shall assume no obligation to monitor the Service, or distinct parts thereof, but, however; reserve the right to review and remove any materials from the Service at our sole discretion.

By posting any movie themes, pitches or scripts to the Service under function “New pitch” you agree to grant Us a worldwide and exclusive license to produce your movie theme, pitch or script into a movie script, to alter and modify your theme, pitch or script and to distribute, publicly perform, communicate to the public, broadcast and otherwise commercially exploit the movie worldwide, by any technical means, subject to a separate agreement. Furthermore, you agree that we shall have the right to further license the above rights to third parties.

In addition to the above, you agree that any movie themes, pitches or scripts posted by you may, as such or as altered/modified by Us, be used in all marketing of the Website and the Service without limitation. We have the right, but no obligation, to use your name in connection with the use or publication of your material on the Website, the Service and in any marketing material.

We don not wish to arrest your movie theme, pitch or script for good. Accordingly, We provide you a possibility to withdraw your movie theme, pitch or script from the Service in the following events:

• In every 12 (twelve) months from the posting of the respective theme, pitch or script in case the said theme, pitch or script is not included in any of the shortlists or already under production. You will be asked whether you want to exclude your theme, pitch or script from the Service. If you do not answer this question or do not want to exclude your theme, pitch or script from the Service these shall remain in the Service for additional 12 (twelve) months.

• In case your theme, pitch or script is included as one of the twenty pitches within one shortlist but does not get the most shortlist votes by the closing time of the vote.

By posting any other material to the Service you agree that (i) all rights, title and interest in and to the posted material shall be irrevocably assigned and transferred to Us; (ii) the material posted by you, as such or as edited by Us, may be published on the Website and the Service and otherwise used in all marketing material of the Website and the Service without limitation; and (iii) We have the right, but no obligation, to use your name in connection with the use or publication of your material on the Website, the Service and in any marketing material. You agree to the above stated without any separate compensation.

Indemnification by You

You agree to indemnify and hold Us, our subsidiaries, affiliates, officers, agents, employees, partners, licensors and other parties harmless from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of any material posted to the Service by you, any breach by you of this Enhanced Agreement or the General Agreement, your use of the Service and/or your infringement of any rights of another.

Modification and Termination

We may terminate, change, correct any errors or omissions in any portion of the Service. We may also make any other changes to the Service or any features, the materials and the programs, services or prices described in the Website or the Service, suspend or discontinue any aspect of the Service, including the availability of any features of the Service, at any time without notice or liability as long as this does not substantially affect your use of the Enhanced Services already purchased and agreed upon.

You acknowledge and agree that We may terminate your account and your access to the Service if you fail to comply with this Enhanced Agreement, the General Agreement, or other guidelines or instructions provided in the Website or the Service, or your account is not used for an extended period of time. You agree that no liability shall attach to Us as a result thereof and that the exercise of such discretion shall not result in any compensation being payable or paid to you or any other person.

Damages / Limitation of Liability

We shall only be liable to you for such direct damages which are caused as a result of Our negligence in the compliance with this Enhanced Agreement. In any case Our liability for any damages shall be limited to the amount paid by you as Participation Fees during the last 12 calendar months before the occurrence of the damage.

FURTHERMORE, WE SHALL, IN NO EVENT, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SERVICE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THIS ENHANCED AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL WE BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS WEBSITE OR THE SERVICE.

We shall in no circumstances accept any responsibility for (i) lost, late or undelivered materials provided by you; (ii) inaccurate information relating to the submission of your material; (iii) any technical failure or difficulty that might hinder the ability of you to enter the Website or the Enhanced Service; or (iv) any event which may cause the Website or the Enhanced Service to be disrupted.

We shall neither be liable or deemed to be in default for any non-performance under this Enhanced Agreement due to causes beyond Our reasonable control (Force Majeure), such as accidents, labour disputes, natural disasters, fire or other such causes which have not been foreseeable at the time of entering into this Enhanced Agreement.

Without prejudice to the above limitation of liability, you shall take all reasonable steps to mitigate your loss arising in relation to any claim or action (whether in contract tort or otherwise), which you may bring against Us. Furthermore, any and all claims made by you under or in connection with this Enhanced Agreement shall be made against Us within six (6) months from the occurrence of the damage.

Applicable law and Jurisdiction

This Website and the Service contained therein is controlled, operated and administered by Us from Our offices in Finland. If you access this Website or the Service from locations outside of Finland, you are responsible for compliance with all local laws.

This Enhanced Agreement shall be governed by and construed in accordance with the laws of Finland without regard to its choice of law provisions. In the case of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Helsinki, Finland.

Contact Details

This Website and the Services provided therein is operated by:

GI Presence Ltd, a Finnish limited company

Erottaja 15-17

FIN - 00100 Helsinki

FINLAND

Email: mikael.gummerus@gipresence.com

Should you have any questions or complains about the Website or the Service please contact Us primarily by Email.