This Agreement is entered into as on the Effective Date (as defined below) by Astist Take Production (the "Company" ) (which expression shall, unless repugnant to the context, be deemed to mean and include its successors, nominees and permitted assigns) and the party identified above as the "User" (also referred to as "you") (the " Agreement").
All capitalized terms not specifically defined herein shall have the meaning assigned to them in the General Terms of Use attached. This Agreement, along with the annexures enclosed, shall collectively form an integral part of the agreement between the parties and should be read in conformity with the General Terms of Use In case of any inconsistencies between the constituent parts of this Agreement, the terms set out in the General Terms of Use shall prevail. "Effective Date" shall mean the date on which the User completes the registration process on Company's website or mobile application.
By clicking on the "Accept" button below, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorised to use this website / mobile application.
By clicking on the "Accept" button below, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorised to use this website / mobile application.
The terms and conditions stated herein, along with the applicable policies and guidelines located throughout the Websites (collectively herein the "Terms of Use") identify what you, as a user of the Websites ("you" or "User") can expect from the Company, and/or persons who provide products or services to the Company either directly or through the Company ("Company Service Providers") or the Websites and/or the Services and what the Company in turn expects from Users.
By subscribing to or using any of the company's services including the use of the content and/or the products, accessing any area on the websites, browsing, using, framing and / or linking to the websites, you are expressly agreeing to comply with and be bound by the terms of use, including the privacy policy, as well as all applicable laws and regulations without any limitation or qualification. if you do not agree to be bound by the terms of use and to follow all applicable laws, you should leave and cease use of the websites immediately. the terms of use set out on the websites are binding as per the provisions of the information technology act of 2000 and rules/ regulations prescribed thereunder. you are also expressly agreeing to using the websites knowing fully that it is work under progress and may at places be lacking in security/usability/privacy features as per industry standards.
The Company through its Websites provides an exclusive hiring platform and services marketplace for media, entertainment, creative and art talent. The Users who are job applicants uploading their User Content on the Websites for the purposes of seeking recruitment shall be referred to as "Applicants" and the Users who are industry recruiters or home based individual customers or any other party downloading, accessing or viewing such User Content uploaded by the "Applicants" shall be referred to as the "Industry Recruiters/Home Based Individual Customers". Use of the Websites is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in the Terms of Use, as may be posted on the Websites or provided along with the Products or otherwise notified by the Company, from time to time. Company in its sole discretion reserves the right to decline a User from registering on the Websites without assigning any reason thereof. Without prejudice to the generality of anything stated elsewhere in the Terms of Use, while using the Websites, Services and/or the Products, you will not (without limitation): Post content or items in an inappropriate category or areas on the Websites; Violate any laws, third party rights and/or our policies; Fail to deliver any payment; Circumvent or manipulate the fee structure, the billing process, or fees owed to Company; Post inaccurate, misleading, defamatory, libellous or false content (including personal information); Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information posted on the Websites or using it for unrelated purposes); Transfer your account (including feedback) and User ID to another party without obtaining express consent of Company; Copy, modify or distribute rights or Content from the Websites; Harvest or otherwise collect information about users (including email addresses) from the Websites without their consent.
As a consideration for the use of Websites, the User affirms, represents and warrants that he or she is 18 years of age or older, or has legal parental or guardian consent and is fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set for in these Terms of Use and will use the Websites in accordance with the applicable laws and regulations.
Persons below the age of 18 are expressly prohibited from registering with the Websites or posting / submitting personally identifiable information to the Website. In the event of a minor using or registering with the Websites, the responsibility or liability for the minor's action shall be on his or her parent or guardian. Any parent or guardian who believes that the Website has collected the personally identifiable information of his or her child (under the age of 18) should contact the Company immediately at artist@finaltakeproduction.com
Every User that has registered itself is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's hardware; and (iii) keeping the e-mail address associated with that account current (User acknowledges that User will not receive messages from the Company about updates and inquiries or other matters in case the registered email is not functional).
User shall be fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under his or her account. No User shall assist any unregistered person in gaining access to the registration area or subscription products or services of the Websites, or email or messaging accounts.
In case of any unauthorised use of the account or password or any other breach of security, the User agrees to notify the Company immediately at artist@finaltakeproduction.com The Company cannot and will not be liable for any loss or damage arising from the User's failure to comply with this section or any other part of the Agreement.
User accounts are not transferable and no User shall use or attempt to use another User's account. No User shall rent, lease, loan, trade, sell or re-sell access to the account or registration area or subscription products or services or in any manner monetise any feature of the Websites. No User shall act dishonestly or unprofessionally, create any false identity or impersonate any other person or identity or upload any misleading information including, without limitation, biographical information, information about current position, qualifications, affiliations, identity, including use of a pseudonym.
No User shall represent itself as affiliated with or endorsed by the Company, unless expressly authorised to do so by the Company. The User shall not have any ownership rights or title in the account and in case the account is terminated or deleted, all information, data, content or material associated with that account may be removed from the databases and public areas of the Websites.
The User shall be solely responsible for obtaining, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by the user for using the Service offered by the Company.
The Users can upload or transmit data, information, images, photographs, graphics, videos, messages, links or other materials to or through the Websites ("User Content"). As a User, you shall be solely responsible for the content submitted to the Websites and by submitting such content you shall represent and warrant that the content belongs to you and does not violate or infringe upon any copyrights, trademarks, moral rights, rights of privacy or publicity or any other intellectual property rights, or any right, title, claim or interest, or any other right of any party or entity.
The Company in normal circumstances does not pre-screen or monitor the User Content. However, the Company reserves the right to review censor, delete, move, block access to, or prohibit the transmission or receipt of any User Content, without notice, if such content is found to be obscene, defamatory, libelous, or invades the privacy or violates any right of any person or entity, or is illegal or in violation of the Terms of Use or is otherwise offensive or inappropriate in the opinion of the Company.
The User grants without any credit or compensation, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable and fully transferable, assignable and sub-licensable license to host, display, distribute, communicate, disclose, copy and explore any User Content to incorporate it in the works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purpose whatsoever for the entire term of any rights that may exist in the User Content. The User agrees that the Company may disclose the User's name in connection with his or her User Content. By providing User Content on the Websites in the public area, you permit any person to access, view, and store such User Content. Subject to the aforesaid, the User owning the User Content shall retain any and all rights existing in the User Content.
The Company acquires no title or ownership rights in the User Content submitted to its Websites. The Company's Websites merely host and provide access to the User Content and do not guarantee or warrant the validity, accuracy, genuineness or credibility of, or in any manner endorse, any User Content. By submitting the User Content, the User expressly represents and warrants that it is correct and complete in all respects and is not false, distorted, manipulated, fraudulent, or misleading in any manner. The Company shall not be responsible or liable in any manner whatsoever in connection with the User Content. By using the Websites, you assume the associated risks and agree to undertake background checks on your own accord to ascertain the bonafide nature and accuracy of the User Content before acting on it. You shall have the sole responsibility to ensure that the privacy settings of your account are as you deem fit to debar or block or restrict access to your User Content by other Users or Visitors.
Further, you agree that the Company shall have the right to post the data on the mobile applications or websites or on such other affiliated sites and publications as the Company may deem fit and proper.