The Disclaimer

THIS IS AN IMPORTANT LEGAL NOTICE.
PLEASE READ IT CAREFULLY

Terms of use

Preamble

By registering on the website http://paulocoelhoblog.com/experimental-witch/ (the “Website”), the user (the “User”) signifies his/her agreement with the present Terms of use (the “Terms of Use”) which have been issued by Olney Management Inc. (the “Promoter”).

Article 1: the Project

The book “The Witch of Portobello” by Mr Paulo Coelho (the “Book”) is a literary work structured as a juxtaposition of several distinct viewpoints on a particular plot. The Book allows the reader to appreciate the plot through the eyes of a number of distinct characters (the “Character”).

The aim of the project, entitled “Experimental Witch”, (the “Project”) is to create an experimental cinematographic adaptation of the Book.

Under the Project, each User may submit video material (the “Video Material”), which is to reflect, from the perspective of a chosen Character, all the scenes of the Book in which the chosen Character makes an appearance. The Video Material may be submitted in any language as long as English, French, Portuguese or Spanish subtitles are provided.

Each User may also elect to submit audio material (the “Audio Material”, collectively with the Video Material referred to as the “Material”), which is to serve as the general musical theme of the Project or the specific musical theme attributed to a chosen Character.

A User may submit both Video Material and Audio Material.

Article 2: the Website

The aim of the Website is to serve as a portal in order to allow the registration of Users wishing to take part in the Project.

The Website is the exclusive property of the Promoter. The User is granted a free, personal, non-exclusive and non-transferable right to access and to use the Website. All other rights are expressly excluded.

Article 3: Registration

User registration is made by way of the form provided on the Website.

During registration on the Website, each User is to choose a Character and to undertake to record (i) a Video Material and/or (ii) an Audio Material in accordance with (i) the terms of the Project (as outlined under Article 1 above) and (ii) the additional guidelines that may be made available from time to time on the Website.

The registration process on the Website will lapse on July 25, 2008. A maximum number of 200 Users are allowed to register with respect to each Character. Registration occurs on a “first come, first served” basis.

Registration of a User shall become definitive upon receipt of an email confirmation emanating from the Promoter.

Article 4: Submission of the Material

Only Material submitted by July 25, 2008 will be reviewed by the Promoter for the purpose of a possible incorporation in the Project.

Material is to be submitted by each User as follows:

– The Video Material is to be uploaded on an account created by the User on the websites http://www.myspace.com or http://www.youtube.com. The corresponding link, along with the name and email address of the User, is to be sent by the User to the following email address [[email protected]] or directly to Paulo Coelho’s myspace profile : http://www.myspace.com/paulocoelho within the deadline specified above.

– The Audio Material is to be uploaded on an account created by the User on the website http://www.myspace.com. The corresponding link, along with the name and email address of the User, is to be sent to the following email address [[email protected]] or directly to Paulo Coelho’s myspace profile : http://www.myspace.com/paulocoelho within the deadline specified above.

The User can either ensure that the Material remains confidential in Youtube or public in Myspace.

The User is responsible for ensuring that the Material (i) does not cause personal injury to third parties (including defamation, insults, abuse, etc.) or an invasion of privacy or (ii) is not contrary to public policy and accepted moral standards. Failure to comply with this provision may result in the User being excluded from the Project.

Article 5: Selection of the Material

The Promoter will review the Material and, in its absolute discretion, select certain Material (the “Selected Video Material” or the “Selected Audio Material”, collectively referred to as the “Selected Material”) submitted by certain Users. The Selected Material is to form part of the cinematographic adaptation of the Book, as contemplated by the Project.

The Promoter will contact by August 24, 2008 the User(s) that has(ve) submitted Selected Material (the “Selected User”).

The Promoter grants each Selected User having submitted Selected Video Material an amount of EUR 3000 (including taxes, if any). The Promoter grants each Selected User having submitted Selected Audio Material an amount of EUR 1500 (including taxes, if any).

Each User undertakes that, in the event he/she becomes a Selected User, he/she shall (i) execute, upon the Promoter’s request, any document required by the Promoter for the purpose of implementing the Project and (ii) have a standard “material release form” executed by any person or legal entity appearing in or related to the Selected Material.

IT IS UNDERSTOOD THAT NO PECUNIARY OBLIGATIONS SHALL ARISE FOR THE PROMOTER TOWARDS THE USER WITHIN THE CONTEXT OF THE PROJECT OR THE USE OF THE SELECTED MATERIAL, EXCEPT FOR THE EXPECTATION TO BE GRANTED THE AWARD IN CASE THE USER BECOMES A SELECTED USER.

Article 6: Rights to the Material

By registering on the Website, each User hereby confirms and agrees with the following:

– The User is the exclusive holder of all rights (including, but not limited to, copyrights, trademarks and any other intellectual property rights) pertaining to the Material that the User has submitted or will submit for the purpose of taking part in the Project.

– The Material that has been submitted or that will be submitted by the User within the course of the Project does not infringe any third party rights (including, but not limited to, copyrights, trademarks and any other intellectual property rights). The User agrees to indemnify and to hold harmless the Promoter (and any related party) from any claim brought by any third party (including any public authority) against the Promoter (and/or any related party) as a result of the User’s infringement of third party’s rights in relation to the Material.

– The User irrevocably assigns to the Promoter (or to any third party to be designated by the Promoter) any right (including, but not limited to, copyrights, trademarks and any other intellectual property rights) pertaining to the Material. It is understood that, as regards the Audio Material, the assignment of rights is limited to the rights related to a commercialization in the form of a cinematographic work. The User is therefore free to commercially exploit the Audio Material in any other way.

– The User specifically authorizes the Promoter, in the Promoter’s absolute discretion, without indemnification of the User and without need for any other consent or authorization emanating from the User, (i) to amend or to edit the Material and (ii) to assign, or to dispose in any other way of, the rights associated to the Material and assigned hereby to the Promoter.

Article 7: Amendment to and termination of the Project

The User acknowledges that the Promoter may, at any time and in its full discretion, amend the terms of the Project, including, but not limited to, the time schedule set forth in these Terms of Use.

The User further acknowledges that the Promoter benefits from full discretion to terminate the Project, at any time, with immediate effect and without need for a justification.

In addition, the Promoter may, at any time and with immediate effect, exclude any User from the Project, in particular in the case the User does not comply with the Terms of Use. The User agrees to indemnify and to hold harmless the Promoter (and any related party) from any claim brought by any third party (including any public authority) against the Promoter (and/or any related party) as a result of the User’s non-compliance with any of the provisions set out in the Terms of Use.

Article 8: Alternative exploitation of the Book by the Promoter

The User acknowledges that the Project shall not in any way affect the Promoter’s ability to exercise or dispose, entirely or partially, of any of the rights (including, but not limited to, copyrights, trademarks and any other intellectual property rights) related to the Book, for the purpose of any exploitation (including commercial exploitation and including any exploitation that may conflict with the Project).

Article 9: Applicable law and jurisdiction

THE PRESENT TERMS OF USE SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SWITZERLAND.

THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF GENEVA (SWITZERLAND).

Article 10: Amendments to the Terms of Use

The Promoter reserves the right to unilaterally modify or amend the Terms of Use at any time without prior notice by mean of publication on the Website. Every User will be informed via email and be in a position to contest said changes by a notification to the Promoter within a 30-day time period. The Promoter reserves its right to exclude with immediate effect any User that contests changes made to the Terms of Use. Silence during the 30-day time period shall amount to acceptance of the amended version of the Terms of Use. In case of rejection by a User, the last accepted version of the Terms of Use shall apply.

The present Terms of Use are version 3.0, published on the Website on June 10th, 2008. The present Terms of Use fully replace the document entitled “Disclaimer” and published on the Website on July 27, 2007.