Terms of service

SECTION 1: OVERVIEW AND ACCEPTANCE 

1.1. Welcome to annoyingprod.com (the "Website" or "Site"). Throughout the site, the terms "we", "us" and "our" refer exclusively to the registered business entity Annoying Productions.

 

1.2. Annoying Productions operates this Website, including all related information, tools, and services, to provide you, the “User” (encompassing any buyer, consumer, business entity, visitor, browser, passerby, or interacting party), with a curated crowdfunding experience aimed at funding the independent experimental documentary film titled ROAM_ANTICS_ (the "Project") directed by Saar Sition (the “Creator”, the “Artist” or the “Director”). 

1.3. This Website is powered by Shopify Inc., which enables us to provide these services and digital storefront to you. 

1.4. The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), govern your access to and use of the Website, establishing your legal rights, responsibilities, and the allocation of risk between the parties. 

1.5. By visiting, interacting with, browsing, or using our Website in any capacity, regardless of whether a financial transaction occurs, you agree to be fully bound by these Terms of Service and our Privacy Policy. 

1.6. Without derogating from the aforementioned in Section 1.5, for any financial transaction, form submission or account registration, your affirmative consent via clicking "I Agree" (or taking any similar affirmative action) at checkout or any respective form, reaffirms your explicit, legally binding agreement to these Terms.

1.7 Geographical Scope and Service Restrictions: 

While this Website is globally accessible, our commercial services, including the ability to pledge, contribute, or purchase products, are currently limited to specific jurisdictions (e.g., Israel, the United States, Switzerland, Liechtenstein, and Norway). The User acknowledges that these Terms of Service may contain references to jurisdictions, tax laws (such as EU VAT), or shipping procedures currently restricted or blocked for checkout due to operational costs or regulatory requirements. The presence of such references does not constitute an offer of sale or a "targeting" of consumers in those restricted markets. Annoying Productions reserves the right, at its sole discretion, to expand or restrict market availability at any time without prior notice. Any attempt to bypass geographical restrictions shall be governed by Section 5.4.3 (Location Spoofing).

1.8. If you do not agree to all of these Terms of Service, Refund Policy, Shipping Policy, or our Privacy Policy, you must immediately exit and cease all use of our Website.

SECTION 2: STRICT AGE RESTRICTION AND CONTENT WARNING 

2.1. Content Warning: 

The Project ROAM_ANTICS_ and this Website may contain mature, explicit, and sensitive content. This includes, but is not limited to, graphic depictions of active conflict and war (e.g., actual audio recordings of air raid sirens and alarms, graphic depiction of war acts), sexual content (e.g., nudity, depiction of sexual acts, and discussions of sexual and gender-based violence), and substance abuse. Viewer discretion is strongly advised.

2.2. Strict Age Limit: 

Due to the explicit nature of the content and our strict compliance with international child privacy laws (including COPPA in the United States, the GDPR in Europe, and the Israeli Privacy Protection Law), access, browsing, and purchasing on this Website are strictly restricted to individuals who are at least eighteen (18) years of age, or the legal age of majority in their jurisdiction of residence, whichever is higher.

2.3. Absolute Prohibition on Minors: 

We do not knowingly collect information from, nor do we permit purchases or viewing by, minors under any circumstances. Consent from a parent or legal guardian is not accepted as a valid override to this restriction.

 

2.4. Representation of Compliance: 

By accessing the site or making a purchase, you affirmatively represent and warrant that you meet this strict age requirement and that all information you provide is accurate, current, and complete. 

2.5. Misrepresentations of Personal Details: 

Any intentional or negligent misrepresentation of personal details, or any attempt to bypass age-verification measures, constitutes a material breach of this Agreement. In such events, the Website reserves the right to terminate access immediately without notice, and without any obligation to refund any fees paid prior to such termination.

SECTION 3: CROWDFUNDING NATURE, PERKS, AND CONTENT WARNING 

3.1. General Representation: 

We have made reasonable efforts to provide an accurate representation of our perks, digital goods, and services. Please note that colors, audio quality, or visual appearances may differ depending on your screen and hardware specifications.

3.2. Right to Modify:

All descriptions of perks, services, or pricing are subject to change at any time without prior notice, at our sole discretion. 

3.3. Commercial Transaction in a Crowdfunding Context: 

While this platform functions as a crowdfunding mechanism to support the independent film ROAM_ANTICS_, any purchase made is legally recognized as a reward-based commercial transaction for the delivery of specific digital, experiential perks, or physical perks (should such perks be offered), and not merely a charitable or tax-deductible donation. This transaction remains strictly subject to the crowdfunding context defined in Section 18.

3.4. Freedom of Expression: 

The User acknowledges that their contribution fundamentally supports freedom of expression and independent filmmaking.

3.5 Content Disclosure: 

The User acknowledges that the Project incorporates content of a highly sensitive, provocative, and controversial nature. Subject matter includes, but is not limited to, the State of Israel, the Holocaust, Palestinian affairs, East-West geopolitics, religion, war crimes, genocide, immigration, sexuality, gender identity, LGBTQ+ politics, and various socio-political ideologies and movements.

3.6. ASSUMPTION OF RISK AND COUNTER-REACTION: 

THE USER EXPRESSLY ACKNOWLEDGES THE INHERENT LIKELIHOOD OF ENCOUNTERING VIEWPOINTS THAT THEY MAY FIND PERSONALLY OFFENSIVE, OBJECTIONABLE, OR CONTRARY TO THEIR BELIEFS. FURTHERMORE, THE USER UNDERSTANDS THAT ASSOCIATION WITH, OR SUPPORT OF, THE PROJECT MAY RESULT IN ADVERSE SOCIAL OR PUBLIC REACTIONS. THE USER VOLUNTARILY ASSUMES ALL RISKS ASSOCIATED WITH SUCH ENGAGEMENT, INCLUDING, WITHOUT LIMITATION, POTENTIAL HARM TO THE USER’S REPUTATION, SOCIAL STANDING, AND ANY LOSS OF PROFESSIONAL, ACADEMIC, OR ECONOMIC OPPORTUNITIES.

3.7 COMPREHENSIVE RELEASE AND WAIVER: 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN LIGHT OF THE ABOVE, THE USER HEREBY IRREVOCABLY WAIVES, RELEASES, AND COMPLETELY DISCHARGES ANNOYING PRODUCTIONS AND ANY AFFILIATED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OR CAUSES OF ACTION, WHETHER KNOWN OR UNKNOWN, IN LAW OR EQUITY, ARISING OUT OF OR RELATED TO THE CONTENT OF THE PROJECT, ITS DERIVATIVE WORKS, ITS AFFILIATES, OR THE USER’S INVOLVEMENT THEREWITH. THIS WAIVER ENCOMPASSES, WITHOUT LIMITATION: CLAIMS FOR REPUTATIONAL DAMAGE OR DEFAMATION; CLAIMS FOR EMOTIONAL DISTRESS OR PERSONAL GRIEVANCE; CLAIMS FOR CONSEQUENTIAL ECONOMIC LOSS OR LOSS OF PROFESSIONAL OPPORTUNITIES; AND ANY OTHER CLAIMS ARISING FROM PUBLIC OR PRIVATE COUNTER-REACTIONS TO THE PROJECT. PROVIDED, HOWEVER, THAT THIS RELEASE AND WAIVER SHALL NOT APPLY TO ANY CLAIMS ARISING DIRECTLY FROM THE GROSS NEGLIGENCE OF ANNOYING PRODUCTIONS.

3.8 Disagreement Exemption: 

Disagreement with the Project’s (including, but not limited to its derivative works) narrative, political stance, artistic choices, or editing style does not constitute a legal misrepresentation, a non-conformity, or a defect in the product under any applicable consumer protection law, and shall under no circumstances serve as valid grounds for a refund, chargeback, or formal dispute.

SECTION 4: ORDERS, PROCESSING, AND CHARGEBACK POLICY 

4.1. Order Acceptance: 

When you place an order on annoyingprod.com, you are making a formal offer to contract and contribute. All orders are subject to manual review and approval prior to fulfillment. 

4.2. Right of Refusal: 

Annoying Productions reserves the right to accept or decline your order’s request, at their sole discretion, as long as such action complies with the Israeli Law Prohibiting Discrimination in Products, Services and Entrance to Entertainment and Public Places, 5761-2000. 

4.3. Refund Policy: 

Purchases are subject to return or exchange solely in accordance with our stated Refund Policy (https://annoyingprod.com/policies/refund-policy) and the statutory rights detailed in Section 6 and Section 21, which are incorporated herein by reference. 

4.4. Statutory Rights and Chargebacks: 

We acknowledge your statutory right to dispute credit card charges under applicable laws, such as the US Fair Credit Billing Act (FCBA), the EU Payment Services Directive, or the Israeli Charge Card Law, in accordance with the judicial territory in which you completed the purchase, in cases of proven fraud or failure of consideration.

4.5. Bad Faith Chargebacks and Material Breach: 

While we strictly respect statutory financial protections, unlawful chargebacks inflict severe administrative and financial damage on a micro-budget project. Therefore, if the User initiates a chargeback or payment dispute that is subsequently determined by the payment processor, the credit card company, or a competent legal authority to be fraudulent, or in bad faith, such specific action shall be deemed a material breach of these Terms. 

4.6. Consequences of Bad Faith Breach: 

In the event of a payment dispute or chargeback initiated without prior communication as required in Section 20.1, Annoying Productions reserves the right to temporarily suspend the User’s license or access to the specific disputed perk pending investigation, if such action is technically executable and relevant to the operational nature of such product (e.g., subscription-based digital perks). If the payment processor or a competent authority determines the chargeback to be fraudulent, the User will forfeit their access to the disputed perk without a refund. We reserve the right to decline future orders from users with a documented history of a fraudulent chargeback, including, but not limited to, subscription-based transactions, or one-time purchases. This provision operates without prejudice to the User’s statutory consumer rights, and shall not derogate from the exercise of such rights in good faith.

SECTION 5: PRICES, BILLING, AND TAXATION 

5.1. Modifications: 

Prices, discounts, and promotions are subject to change without notice. 

5.1.1 Cart Pricing and Finalization:

As part of our commitment to transparent pricing, and in compliance with applicable consumer protection laws, including the Israeli Consumer Protection Law, 5741–1981, we hereby notify you that placing an item in your virtual shopping cart does not reserve or lock in the price, due to the operational nature of our e-commerce platform. The User acknowledges that the final, binding price for any item, perk, or contribution tier is the price displayed at the final checkout stage, immediately prior to payment authorization. If a price changes between the time the User adds an item to their cart and the time they proceed to checkout, the updated price at checkout shall apply. By proceeding with the payment, the User agrees to the final price presented at checkout.

5.2. Payment Authorization: 

You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions. You represent and warrant that you are duly authorized to use the provided payment method. All payments are processed securely through our third-party payment gateways (e.g., PayPal). Annoying Productions does not directly process or store your full credit card information.

5.3. Tax Status and Israeli Exemptions: 

Annoying Productions is registered in Israel as an "Osek Patur" (Exempt Micro-Business). Consequently, base prices listed on the Website do not include Israeli Value Added Tax (VAT), as we are legally exempt from collecting it locally, under the Israeli Value Added Tax Law, 1975. 

5.4. International Taxes and Statutory Exemptions: 

Annoying Productions currently operates as an exempt micro-business. Based on our current global and regional sales volumes, we operate strictly below the statutory economic nexus and tax registration thresholds for remote sellers in our currently active jurisdictions (including, but not limited to, the United States, Switzerland, Liechtenstein, and Norway). Therefore, in an effort to maintain full transparency and act in good faith, we clarify that our platform provider, Shopify, will not automatically calculate, collect, or remit local Sales Tax, Goods and Services Tax (GST), or Value Added Tax (VAT) at checkout for these active regions. The final price displayed at checkout is the amount paid directly to Annoying Productions, exclusive of any international indirect taxes.

5.4.1. Future Markets and Tax Collection:

The User acknowledges that these Terms of Service may contain references to tax laws and jurisdictions that are currently restricted or blocked for purchase (e.g., the European Union and the United Kingdom). These references are included to establish a comprehensive legal framework for future expansion, should such expansion occur. Should Annoying Productions open these restricted markets for purchase, or should our sales volume in any active jurisdiction exceed the applicable statutory tax thresholds in the future, we expressly reserve the right to commence the automatic calculation and collection of required local taxes at checkout via our platform provider and third-party services in strict compliance with local laws, without prior notice.

5.4.2. Location Services and Usage: 

The User acknowledges that the Website utilizes location services (e.g., IP address detection) to display the appropriate localized, international, or general (view-only) versions of the Website, and to accurately calculate applicable taxes (if obligated by applicable law). Each version may grant or restrict access to specific sections of the Website, or products available in our shop. This practice is intended to ensure compliance with applicable international and local laws relating to the User‘s geographic location at the time of use.

5.4.3. Location Spoofing and VPN Usage: 

The User acknowledges and agrees that the deliberate use of Virtual Private Networks (VPNs), proxy servers, or any other location-masking technologies to circumvent regional restrictions, geographical blocks, or applicable local tax laws is strictly prohibited. Should the User employ such methods to misrepresent their physical location or billing address at the time of checkout, Annoying Productions expressly disclaims all liability for any resulting tax obligations, penalties, or legal claims. Any such deliberate circumvention by the User shall be deemed a material breach of these Terms of Service, and Annoying Productions reserves the right to cancel any such orders without prior notice.

5.4.4. Liability for Misrepresentation: 

To the fullest extent permitted by applicable consumer protection laws, the User agrees to be held fully liable for any direct damages, taxes, penalties, fines, interest, and expenses (including reasonable legal fees) incurred by Annoying Productions, its affiliates, and its service providers, arising out of or relating to the User’s intentional misrepresentation of their geographical location or billing address, or any material breach of Section 5.4.3. This liability obligation shall survive the termination of these Terms of Service and any transaction completed hereunder.

5.5. Customs, Import Duties and Use Tax: 

As the purchaser and importer of digital or experiential goods (and any future physical rewards associated with the crowdfunding campaign), the User assumes sole and exclusive responsibility for the declaration and payment of any additional local taxes, customs duties, currency conversion fees, or self-assessed "Use Tax" required by their jurisdiction. Annoying Productions shall not be held liable for any tax obligations incurred by the User after the completion of the checkout process.

SECTION 6: DIGITAL DELIVERY AND STATUTORY WITHDRAWAL RIGHTS

6.1. Delivery Protocol: 

As of the date of this current version of the Terms of Service, no physical merchandise will be shipped. All rewards are entirely digital or experiential. Digital delivery is deemed complete at the moment the access link or file is transmitted to the email address provided by the User. Please refer to our separate Shipping and Delivery Policy (https://annoyingprod.com/policies/shipping-policy) for details on how digital files, streaming links, and event invitations are dispatched via email following manual order approval. 

6.2. General Right of Withdrawal (Cooling-off Period): 

Consumers completing a purchase from within the territory of the EU, UK, EEA, and Israel generally possess a statutory right to withdraw from a distance contract within fourteen (14) days without providing any reason, subject to the specific exceptions for digital content listed below.

 

6.3. Waiver for Digital Content (EU, EEA, and UK Consumers): 

In strict accordance with the EU Consumer Rights Directive (CRD) and the UK Consumer Contracts Regulations, the 14-day right of withdrawal does not apply to the supply of digital content not supplied on a tangible medium. By purchasing digital content on this Website, you acknowledge that you will be required during the checkout process to provide your explicit, separate, and affirmative consent (via an independent checkbox) to the immediate execution of the contract. You explicitly acknowledge that by doing so, you unequivocally and irrevocably lose your statutory right of withdrawal once the performance has begun (e.g., once download or streaming has commenced).

 

6.4. Israeli Consumers and Special Populations: 

In accordance with the Israeli Consumer Protection Law, 5741-1981, the right to cancel a transaction within 14 days is legally excluded for "Information" (as defined in the Computers Law, 5755-1995) and digital goods that can be copied, reproduced, or recorded, once the consumer has been granted access to or has used such goods. 

6.4.1. Israeli Special Populations Extension: 

If you are an Israeli consumer who is a senior citizen (65 or older), a person with a statutory disability, or a new immigrant (Oleh Hadash within 5 years), and the transaction included direct communication with us, you may cancel the transaction within four (4) months, subject to the conditions in Section 6.4.2. 

6.4.2. Nullification of Special Populations Extension: 

The extension in Section 6.4.1 shall not apply to physical goods where the products’ seals have been broken or digital goods where the content has been accessed, recorded, or copied, in accordance with the Israeli Consumer Protection Law. Accessing, downloading, or executing the digital file constitutes a commencement of service, consumption of information, or both, effectively nullifying the cancellation right once the content is consumed.

 

6.5. US Consumers and Click-to-Cancel: 

While US law does not mandate a federal 14-day cooling-off period, we comply with Federal Trade Commission (FTC) standards. Any subscription or recurring billing model (if introduced) will feature a simple, online cancellation mechanism that is as easy to execute as the initial purchase, accessible directly through the User's digital account dashboard.

SECTION 7: INTELLECTUAL PROPERTY AND ACCEPTABLE USE POLICY

7.1. Ownership:

Our Website, including all text, video, audio, code, and site layout, the digital perks provided, as well as the film ROAM_ANTICS_ in its entirety, are owned exclusively by Annoying Productions and are protected by Israeli and international copyright, trademark, and intellectual property laws.

7.2. Limited License and Prohibition on Derivative Works:

Any digital and experiential perks provided to the User are licensed, not sold, granting the User a strictly personal, non-exclusive, non-transferable, and non-commercial right to access and view the digital perks. You must not reproduce, distribute, extract, publicly perform, or create derivative works from any of our content, the film, or the digital perks without our explicit, prior written consent. Furthermore, the User is expressly prohibited from sharing, recording, forwarding, uploading, or distributing any downloaded files, passwords, experiential perks (e.g., Zoom meetings, physical screenings), or access links to any third party or public forum.

7.3. Trademarks:

The names and logos of Annoying Productions and ROAM_ANTICS_ are trademarks of their respective owners. Any unauthorized use of the site's branding or content by any User is strictly prohibited.

7.4. Prohibited Technical Measures:

To protect our intellectual property, you are expressly prohibited from bypassing, circumventing, or attempting to defeat any paywalls, digital rights management (DRM) systems, or access controls implemented on the Website or within the digital content.

7.5. Automated Scraping and Bots:

You may not use automated means, including but not limited to spiders, robots, crawlers, or data mining tools, to download, scrape, or extract data, text, or media from the Website.

7.6. Absolute Prohibition on AI Training (Text and Data Mining):

You expressly agree not to use any content, text, media, metadata, or data provided on this Website, within the digital perks, or within the film ROAM_ANTICS_, to train, fine-tune, or develop any artificial intelligence models, machine learning algorithms, or large language models (LLMs) under any circumstances.

7.7. Machine-Readable Opt-Out Protocols:

For the explicit purposes of Article 4(3) of the EU Digital Single Market (DSM) Directive 2019/790, the EU AI Act, and any similar international legislation, Section 7.6 constitutes an express, legally binding reservation of our rights against Text and Data Mining (TDM) for commercial and non-commercial purposes.

7.8. Technical Enforcement:

To ensure strict compliance with the requirement that such reservation be "machine-readable", Annoying Productions implements active technical protocols, including but not limited to TDMrep standard meta-tags, structured robots.txt directives, and HTTP header responses (tdm-reservation). Any bypass of these machine-readable signals constitutes a direct infringement of our copyright.

7.9. Code of Conduct and Perks Usage:

The User agrees to maintain respectful, appropriate, and lawful behavior during any interactive or experiential perks (including, but not limited to, Zoom meetings, Q&A sessions, and physical screenings). In addition, the User agrees to maintain respectful, appropriate, and lawful behavior regarding the use of digital perks, and shall not abuse their access rights to engage in unlawful harassment or defamation against Annoying Productions and its affiliates. For the avoidance of doubt, this provision is not intended to prejudice the User's statutory rights to fair use, including legitimate criticism, review, or parody under applicable copyright laws. Annoying Productions reserves the right to immediately terminate the User’s access to, or participation in, any such perk without prior notice if the User engages in harassment, hate speech, severe disruptive conduct, or any other behavior that objectively threatens the safety, dignity, or well-being of the creator or other participants. In the event of termination due to such a material breach of conduct, the User will not be entitled to a refund, as reasonably determined by Annoying Productions in good faith.

SECTION 8: THIRD-PARTY LINKS AND TOOLS

 

8.1. Third-Party Materials:

The Website may contain materials and hyperlinks to websites or tools (such as video conferencing software) provided by independent third parties. 

8.2. Disclaimer of Liability:

We are not liable for any harm or damages related to your use of third-party websites or tools. Your use of such third-party tools is entirely at your own risk and is governed by the terms of service of those respective third-party providers.

SECTION 9: RELATIONSHIP WITH SHOPIFY

 

9.1. Platform Hosting: 

The annoyingprod.com storefront is hosted and powered by Shopify Inc. However, all interactions, legal agreements, and sales are made directly with the legal entity Annoying Productions.

 

9.2. Release of Claims: 

You expressly release Shopify from all claims, damages, and liabilities arising from your use of the site or your direct transactions with Annoying Productions.

SECTION 10: PRIVACY POLICY

10.1. Data Practices:

All personal information we collect is subject to our Privacy Policy (https://annoyingprod.com/policies/privacy-policy) and Shopify's corresponding Privacy Policy. By using the Website, you acknowledge that you have read, understood, and agreed to the data practices described within these policies.

SECTION 11: USER FEEDBACK AND SUBMISSIONS

11.1. License to Submissions: 

If you submit feedback, ideas, reviews, or other materials to us, you grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, and publish such submissions in any medium. We take no responsibility and assume no liability for any comments or feedback posted by you or any third party. Provided, however, that we shall not use your real name, exact likeness, or identifiable persona for external commercial marketing or advertising campaigns without obtaining your prior, explicit, and separate consent.

11.2. Waiver of Moral Rights: 

To the maximum extent permitted by applicable law, you hereby expressly waive any and all moral rights (or equivalent rights in any jurisdiction, including the right to be identified as the author or the right to object to derogatory treatment) in and to your submissions.

SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

 

12.1. Corrections: 

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time, without prior notice.

SECTION 13: GENERAL PROHIBITED USES 

 

13.1. Behavioral Prohibitions: 

In addition to the intellectual property prohibitions outlined in Section 7, you are prohibited from using the Website or its content for any unlawful purpose, to solicit others to perform unlawful acts, to harass or abuse our staff or other users, to submit false information, or to upload viruses or malicious code. 

13.2. Right of Termination:

We reserve the right to immediately terminate your access to the Website or block your IP address for violating any of the prohibited uses, regardless of your status as a buyer or casual visitor.

SECTION 14: DISCLAIMER OF WARRANTIES

 

14.1. AS IS BASIS: 

THE WEBSITE AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

14.2. NO IMPLIED WARRANTIES: 

WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 15: LIMITATION OF LIABILITY

 

15.1. Exceptions to Limitation:

Nothing in these Terms of Service shall limit or exclude our liability for death or personal injury caused by our direct negligence, for fraud or fraudulent misrepresentation, for gross negligence, or for any other liability that cannot be legally excluded or limited by applicable law in your jurisdiction.

 

15.2. MAXIMUM FINANCIAL LIABILITY:

SUBJECT TO SECTION 15.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANNOYING PRODUCTIONS, ITS CREATORS, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, OR LOSSES SHALL IN NO EVENT EXCEED THE ACTUAL, DIRECT MONETARY AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE, PERK, OR TRANSACTION IN DISPUTE. 

15.3. Statute of Limitations (B2B and US Users):

To the maximum extent permitted by applicable law, any claim or cause of action brought by you arising out of or related to your use of the Website or your contribution must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. For the avoidance of doubt, this one-year limitation does not apply to claims brought by Annoying Productions regarding intellectual property infringement (Section 7), material breach of conduct, fraud, or obligations of indemnification (Section 16).

15.4. Consumer Protection Exception (EU, EEA, UK, CH and IL):

If you are a consumer completing a purchase from within the territory of the European Union, the European Economic Area, the United Kingdom, Switzerland, Israel, or any other jurisdiction in which mandatory statutory limitation periods cannot be contractually modified or waived, the limitations set forth in Section 15.3 shall not apply to you to the extent prohibited by law. In such cases, the applicable mandatory statutory periods and consumer protection laws of your local jurisdiction shall govern.

15.5. Digital Environment Exception (EU, EEA, UK, and Switzerland):

Notwithstanding the limitation in Section 15.2, if you are a consumer completing a purchase from within the territory of the European Union (EU), the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, and digital content or a digital service supplied by us causes damage to your digital environment (hardware, software, or network), and such damage is legally proven to be a direct result of our failure to exercise reasonable care and skill, we shall compensate you for the objectively reasonably incurred damage, as strictly mandated by applicable digital consumer protection laws.

15.5.1 Nature of Digital Content and Risk Assessment: 

The User acknowledges and agrees that the digital perks delivered through the Website’s shop consist primarily of non-executable content (e.g., PDF documents) and access to third-party digital services (e.g., virtual meetings via Zoom). Unlike software applications, these perks are not designed to install, modify, or interact with the User’s underlying system architecture. The User further understands that while the Website utilizes standard web technologies (e.g., JavaScript and cookies) for its operational functionality, the digital perks themselves are standalone content and do not constitute executable software. This provision is included for the purpose of clarity and in good faith to ensure compliance with applicable consumer protection regulations.

15.6 Third-Party Software and Compatibility: 

The User is solely responsible for obtaining, maintaining, and updating the necessary hardware and third-party software required to access and view the digital perks (including, but not limited to, web browsers, PDF readers, and communication platforms such as Zoom). This responsibility includes maintaining standard security measures and services, such as updated anti-virus and anti-malware protection. Annoying Productions does not warrant that the digital perks will be compatible with all third-party software or hardware configurations. Under no circumstances shall Annoying Productions be held liable for any malfunctions, security vulnerabilities, or damages arising from the use of such third-party applications or the User’s failure to maintain a secure and updated digital environment.

SECTION 16: INDEMNIFICATION AND SEVERABILITY

16.1. Indemnification:

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Annoying Productions and its creators from and against any and all claims, demands, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) made by any third party due to or arising directly out of your material breach of these Terms, your violation of any applicable law, or your infringement of the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

16.2. Severability:

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17: GOVERNING LAW, EXCLUSIVE JURISDICTION AND LANGUAGE

17.1. Governing Law and Jurisdiction for US Users and Business Entities (B2B):

For any user accessing the site on behalf of a business, and for all consumers completing a purchase from within the territory of the United States, these Terms of Service shall be governed strictly and exclusively by the laws of the State of Israel, without regard to its conflict of law principles. Subject to the mandatory individual arbitration provisions set forth in Section 20.5 and the small claims court exception therein, such users irrevocably consent to the exclusive venue and personal jurisdiction of the competent courts located in Tel Aviv-Yafo, Israel, solely for the resolution of disputes not subject to arbitration (including, without limitation, Intellectual Property Claims and Warrants as defined in Section 20.9) or to enforce an arbitration award. Notwithstanding the foregoing, for Consumers completing a purchase from within judicial territory of the United States subject to mandatory arbitration under Section 20.5, the interpretation and enforcement of the arbitration agreement shall be governed by the Federal Arbitration Act (FAA). Furthermore, the arbitrator shall have the authority to apply the substantive consumer protection laws of the User's state of residence if strictly required by applicable law to render the arbitration agreement conscionable and enforceable.

 

17.2. Exception for Israeli, EU, EEA, UK, and Swiss Consumers (B2C):

Notwithstanding Section 17.1, if you are a Consumer completing a purchase from within the territory of Israel, the EU, EEA, UK, or Switzerland, and it is legally determined that mandatory consumer protection laws of your jurisdiction apply, specifically based on your physical geographical location and the territory from which you accessed the Website at the time of purchase, nothing in these Terms shall deprive you of the protections afforded to you by such mandatory provisions. In such limited circumstances, and only where the Website is deemed to have directed its activities to your specific jurisdiction under applicable law, the mandatory statutory laws of your physical location at the time of use shall govern the transaction, and you may bring legal proceedings in the competent courts of that jurisdiction.

17.3. Governing Language: 

These Terms were originally drafted in English as the standard language of international commerce and should not be interpreted as an intentional direction of activities toward any specific target market or jurisdiction. In the event that these Terms are translated into any other language, whether by browser settings, third-party tools, or manual translation, the original English version shall exclusively govern and prevail. The English version shall be the only legally binding version in the event of any conflict, discrepancy, or inconsistency between the English version and any such translation.

SECTION 18: WAIVER OF FUTURE RIGHTS AND EQUITY 

18.1. Crowdfunding Context: 

The User expressly acknowledges and agrees that any payment made through the Website constitutes a crowdfunding contribution to support an independent, experimental art project created by a disabled artist. While the User may receive specific digital perks in recognition of their support, the primary purpose of this financial contribution is to fund the ongoing development of the Project. The User understands that due to the experimental, independent, and personal nature of this Project, timelines, exact deliverables, and project scopes may be subject to reasonable adjustments.

 

18.2. No Ownership or Equity:

Under no circumstances does the User's purchase, contribution, or interaction with this Website grant them any intellectual property rights, ownership, equity, shares, corporate voting rights, or creative and editorial control over the Website, the film ROAM_ANTICS_, its derivative works, or any past, present, or future projects developed by Annoying Productions.

 

18.3. Waiver of Financial Claims:

The User irrevocably waives any and all claims, demands, or requests for a share of any future profits, distribution deals, broadcasting rights, royalties, or commercial transactions that may arise from the completion, exhibition, or sale of the film.

SECTION 19: WEB ACCESSIBILITY AND EXEMPTIONS

 

19.1. Statutory Microenterprise Exemption (Europe):

Annoying Productions explicitly operates as a "Microenterprise" as defined under Article 4(5) of the European Accessibility Act (EAA) Directive (EU) 2019/882, as we employ fewer than 10 persons and our annual turnover does not exceed EUR 2 million. Consequently, we are statutorily exempt from the technical accessibility requirements mandated by the EAA for digital services.

19.2. Statutory Micro-Business Exemption (Israel):

Annoying Productions is registered as an "Osek Patur" (Exempt Micro-Business) with an annual turnover of less than 100,000 ILS, which falls strictly below the threshold mandated by the Israeli Equal Rights for Persons with Disabilities (Accessibility Adjustments for Service) Regulations 2013. We are therefore statutorily exempt from mandatory technical web accessibility overhauls.

19.3. ADA Compliance (United States): 

Regarding the Americans with Disabilities Act (ADA) Title III, the User acknowledges that Annoying Productions operates strictly as a digital-only entity with no physical public storefront, brick-and-mortar location, or physical place of public accommodation, and therefore is not subject to the same requirements as physical public accommodations under current federal precedents.

19.4. Undue Burden Exemption (United States):

Given the unfunded, micro-budget nature of this independent project, managed by a single disabled artist in an active conflict zone, imposing extensive technical web accessibility overhauls at this stage constitutes an explicit "undue burden" (as defined under 28 CFR 36.303 and 36.104 of the ADA). Implementing such measures would require significant difficulty and expense that fundamentally threatens the financial viability of the Project. While we strive for an inclusive experience, we cannot guarantee full WCAG 2.1 AA compliance across all pages or third-party hosted interfaces at this time.

SECTION 20: TIERED DISPUTE RESOLUTION AND CLASS ACTION WAIVER

20.1. Mandatory Direct Communication (The Right to Cure):

The User acknowledges that this project is managed solely by an independent creator, not a corporate entity. As a strict precondition to initiating any formal legal dispute, court proceeding, mediation, arbitration, or payment chargeback, the User agrees to first contact Annoying Productions directly via email at roamantics@annoyingprod.com, utilizing the exact subject line: "URGENT: RESOLUTION REQUEST". This is to allow the necessary monitoring of urgent inquiries through our communication systems.

20.2. Resolution Window:

Annoying Productions must be granted a reasonable window of at least fourteen (14) business days, commencing from the date we explicitly acknowledge receipt of the User's email, to investigate and attempt to resolve the User's inquiry in good faith.

 

20.3. Statutory Exceptions to Right to Cure (EU, EEA, CH, UK and IL):

For consumers completing a purchase from within the territory of Israel, the EU, EEA, UK, or Switzerland, the "Right to Cure" process detailed in Sections 20.1 and 20.2 is implemented by Annoying Productions as a mechanism for fast resolution, but it is acknowledged that this internal requirement does not legally strip you of your mandatory statutory right to immediately cancel a demonstrably non-conforming contract under your local laws.

 

20.4. Breach of Dispute Protocol:

Bypassing this direct communication window to immediately initiate unjustified legal action, fraud, or bad-faith payment chargebacks shall be considered a material breach of this Agreement.

20.5. Mandatory Binding Individual Arbitration (United States Consumers Only):

IF YOU ARE A CONSUMER RESIDING IN THE UNITED STATES, OR COMPLETING A PURCHASE FROM WITHIN ITS JURISDICTIONAL TERRITORIES, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROJECT THAT CANNOT BE RESOLVED THROUGH THE RIGHT TO CURE PROCESS SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. The arbitration shall be administered exclusively online by New Era ADR in accordance with their established Consumer Arbitration Rules and minimum fairness standards. The arbitrator, and not any federal, state, or local court, shall have exclusive authority. Notwithstanding the foregoing agreement to arbitrate, either party may seek to have a dispute resolved on an individual basis in a small claims court with competent jurisdiction as permitted by the aforementioned Rules. If a party invokes this right after an arbitration demand has been filed, the arbitration shall be administratively closed by the arbitration provider in accordance with its rules, and the dispute shall proceed exclusively in small claims court. 

20.6. Voluntary Mediation (Israel Consumers Only):

If you are a consumer completing a purchase from within the territory of the State of Israel, and the dispute is not resolved via the Right to Cure process, both parties agree to strongly consider, in good faith, participating in an online mediation process prior to initiating any formal court proceedings, including small claims court.

20.7. Voluntary Alternative/Online Dispute Resolution (EU, EEA, CH, and UK Consumers):

If you are a consumer completing a purchase from within the territory of the European Union, the EEA, Switzerland, or the UK, and the dispute is not resolved via the Right to Cure process, both parties agree to consider resolving the matter through good-faith participation in an Alternative Dispute Resolution (ADR) or Online Dispute Resolution (ODR) platform prior to initiating any formal court proceedings. EU and EEA consumers may utilize the European Commission's directory of ADR/ODR platforms (https://consumer-redress.ec.europa.eu/dispute-resolution-bodies).

20.8. Class Action and Mass Arbitration Waiver: 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ANNOYING PRODUCTIONS AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR MASS ACTION. If you are a consumer completing a purchase from within a jurisdiction where mandatory law strictly prohibits the prospective waiver of class action rights in standard-form contracts (such as Israel or the European Union), this specific waiver in Section 20.8 shall not apply to you, but all other individual dispute resolution protocols shall remain in full effect.

 

20.9. Exception for Intellectual Property Claims: 

Notwithstanding the dispute resolution and arbitration obligations established in this Section 20, Annoying Productions retains the absolute right to seek immediate injunctive relief (e.g., Court-Issued Orders or Warrants) or file a lawsuit in the competent courts of Tel Aviv-Yafo, Israel, or any other court of competent jurisdiction, for any claims alleging the unauthorized use, theft, or infringement of our intellectual property, including but not limited to the acts prohibited under Section 7 of these Terms ("Intellectual Property Claims”).

SECTION 21: FORCE MAJEURE, INDEPENDENT PRODUCTION REALITIES AND CANCELLATION POLICY

21.1. Independent Context:

The User explicitly acknowledges that ROAM_ANTICS_ is an independent, non-studio production directed and managed by a single disabled artist currently residing in an active conflict zone.

21.2. Force Majeure:

Consequently, Annoying Productions shall not be held liable, nor shall it be deemed in breach of these Terms, for any failure, delay, or postponement in the delivery of digital goods, experiential perks, or any other obligations, if such delay arises from causes beyond our reasonable control ("Force Majeure").

21.3. Specific Force Majeure Events:

Such causes explicitly include, but are not limited to: acts of war, terrorism, national emergencies, pandemics or public health crises, directives from the Israeli Home Front Command (or equivalent authorities), and unforeseen logistical or technical failures directly related to micro-budget independent filmmaking (including critical failures by third-party hosting or payment platforms).

21.4. Health Constraints and Privacy:

Force Majeure also explicitly includes severe health fluctuations or constraints inherent to the Creator's disability, which may temporarily impede the fulfillment of perks or the production timeline. To protect the creator's medical privacy, boundaries, and dignity, the User explicitly agrees that no medical explanations, justifications, or proof of condition will be required, requested, or provided. In the event that a dispute between the User and Annoying Productions reaches a court hearing, arbitration process, or regulatory proceeding, the Creator reserves the right to present evidence relevant to their medical condition to the adjudicating authority, at their sole discretion.

21.5. Distinction Between Perks and Film Release: 

The User acknowledges the strict distinction between the delivery of specific crowdfunding perks and the final completion of the film ROAM_ANTICS_. Any estimated delivery dates provided refer strictly to specific perks, not to the final release of the film, which has no guaranteed completion date.

21.6. Expected Timeline Shifts:

Timeline Shifts are inherent to crowdfunding. In extreme cases of Force Majeure, necessary, creator-initiated delays for specific perks may extend up to twelve (12) months. However, the User's statutory rights regarding delivery timeframes are unconditionally preserved in Section 21.7.

 

21.7. The FTC 30-Day Rule and Statutory Delay Rights (Global Standard):

Notwithstanding Section 21.6, and in strict compliance with the US Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule, as well as parallel consumer laws in the EU, EEA, UK, Switzerland, and Israel: if we are unable to fulfill your specific promised perk within thirty (30) days of the originally stated estimated delivery date on the campaign page, we will formally notify you of the delay. You will then have the explicit option to either affirmatively consent to the extended delay or cancel your order for a prompt and full refund.

21.8. Project Abandonment:

In the exceptional event that Force Majeure constraints or production realities lead to the complete cessation and abandonment of the Project before future, unfulfilled perks can be delivered, the User agrees that their sole and exclusive remedy shall be either a proportional refund for the specific unfulfilled perk (subject to available funds), or access to existing alternative raw materials held by the creator, at the sole discretion of Annoying Productions.

 

21.9. Order Cancellation by Annoying Productions:

To protect the integrity of the project, Annoying Productions reserves the right to cancel any order or contribution and issue a full refund to the User. Such cancellation will be executed at our objective discretion under the following specific circumstances:

21.9.1. Fraud Prevention:

Suspicion of fraudulent activity, identity theft, or a transaction flagged as high-risk by our payment processors.

21.9.2. Pricing Errors:

A material error in the listed price or technical description of a perk.

21.9.3. Operational Impossibility:

A situation where security, health, or severe logistical constraints make it demonstrably impossible to fulfill the specific perk.

 

21.9.4. Material Breach of Conduct:

If the User engages in a material breach of these Terms, including but not limited to severe disruption of our services, direct harassing or threatening communications directed at our team, or chargeback abuse as defined in Section 4.5.

21.10. Sole Remedy for Non-Breach Cancellation:

In any event of cancellation under Sections 21.9.1, 21.9.2, or 21.9.3, the User's sole remedy shall be a full refund of the amount paid, minus any applicable fees.

21.10.1 Cancellation for Breach (No Refund):

In the event of cancellation or revocation of access due to a User's Material Breach of Conduct (including, but not limited to, the violations explicitly defined in Sections 2.5, 4.5, 5.4.3, 7.9, 13.1, 20.4, and 21.9.4 of these Terms), any and all payments made by the User shall be deemed forfeited. This forfeiture is a direct consequence of the User’s failure to maintain the mandatory conditions of access, which renders the continued performance of this Agreement by Annoying Productions impossible. For the avoidance of doubt, the forfeiture of fees under this Section does not constitute a waiver of Annoying Productions' right to pursue further legal remedies or seek full compensation for any actual, consequential, or reputational damages arising from the User's conduct.

SECTION 22: CHANGES TO TERMS OF SERVICE

22.1. Interpretation:

Headings are provided for convenience only and shall not affect the interpretation of these Terms.

22.2. Updates:

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

22.3. Material Changes Notice for Purchasers:

Notwithstanding Section 22.2, if we make material changes to these Terms that significantly reduce the rights or negatively affect the purchased digital goods of existing, verified purchasers who completed their purchase from within the territory of the EU, EEA, UK, Switzerland, or Israel, we will provide at least fourteen (14) days advance written notice via email. This advance notice requirement applies strictly to users with active, unfulfilled orders or previously purchased digital licenses, and does not apply to general website visitors or prospective buyers. Such consumers will retain the statutory right to terminate the agreement and receive a proportionate refund for unfulfilled services if they do not accept the materially altered terms.

22.4. Entire Agreement:

These Terms, along with any documents or policies expressly referred to herein, constitute the entire agreement and understanding between you and Annoying Productions. This Agreement governs your use of the Service and supersedes any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service, social media communications, or promotional statements).

22.5. No Waiver:

Except as otherwise expressly provided in these Terms (including any applicable time limitations for bringing a claim), the failure of either party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance.

SECTION 23: COPYRIGHT INFRINGEMENT AND DMCA POLICY

23.1. Notification: 

We respect the intellectual property rights of others. If you believe that any content on our Website infringes upon your copyright, please notify us immediately at roamantics@annoyingprod.com with the exact subject line "DMCA Takedown Request".

23.2. Requirements:

To be effective, your notice must include: (a) a physical or electronic signature of the copyright owner; (b) a description of the copyrighted work claimed to have been infringed; (c) precise identification of the material claimed to be infringing (including the URL); (d) your contact information; (e) a statement of good faith belief that the use is not authorized; and (f) a statement that the information in the notice is accurate under penalty of perjury.

23.3. Fair Use and Counter-Notice:

Annoying Productions creates transformative artistic works. This Project and its promotional materials (e.g., trailers, teasers) may utilize portions of copyrighted materials under the principles of Fair Use, Parody, and Satire as recognized under US Copyright Law (17 U.S.C. § 107) and equivalent international protections. If we receive a takedown notice for content that we believe is protected under these principles, we reserve the right to file a counter-notification or seek to resolve the matter directly to preserve the integrity of our artistic expression.

SECTION 24: SURVIVAL 

24.1. Surviving Provisions:

Provisions of these Terms which by their inherent nature should apply beyond their expiration or termination will remain in full force after any termination of these Terms or your use of the Website. This explicitly includes, but is not limited to:

Intellectual Property (Section 7);

Disclaimer of Warranties (Section 14);

Limitation of Liability and Statute of Limitations (Section 15);

Indemnification (Section 16);

Governing Law (Section 17);

Waiver of Future Rights (Section 18);

Dispute Resolution and Class Action Waiver (Section 20);

Health Constraints and Privacy, Project Abandonment, Cancellation for Breach (No Refund) (Sections 21.4, 21.8, and 21.10.1);

Copyright/DMCA Policy (Section 23);

SECTION 25: CONTACT INFORMATION 

25.1. Communication Channel:

Questions about the Terms of Service should be sent to us exclusively at roamantics@annoyingprod.com. 

25.2. Business Entity Details: 

25.2.1. Business Entity:

Annoying Productions 25.2.2. Website: annoyingprod.com 

25.2.3. Email:

roamantics@annoyingprod.com 

25.2.4. Phone:

+972 54 6302599
(Note: This line directs to our automated message delivery system. For the fastest resolution, please email us with your order or inquiry details). 

25.2.5. Mailing Address:

Sderot Yerushalayim 12, Tel Aviv-Yafo, Israel. 

25.2.6. Important Service Notice:

Due to the current state of emergency and official Home Front Command directives, postal branches and our physical P.O. Box facility are temporarily closed until further notice. If you require assistance, please communicate with us exclusively via email or our automated phone system. 

25.2.7. Business Registration Number (Israeli "Osek Patur"):

316221589 

25.3. Copyright Notice: Copyright 2026 ROAM_ANTICS_ by Annoying Productions, Powered by Shopify.