PRIVACY POLICY

INTRODUCTION

1.1  This website www.fthecouch.com (“Website”) and the mobile application (“App”) are owned and operated by FTC TALENT MEDIA & ENTERTAINMENT PRIVATE LIMITED (“Company”).

1.2 The Company respects your privacy and values the trust you place in us by providing personal information as required, and this Privacy Policy sets out the policies and practices in relation to the collection, use, disclosure and protection of the personal information of the Users of the Website/App.

1.3 All capitalized terms and terms used in the User Agreement which are also used herein below shall be ascribed the same meaning as set out in the User Agreement, unless repugnant to the context herein or otherwise have been specifically defined herein.

  1. APPLICABILITY OF PRIVACY POLICY

This Privacy Policy shall be applicable only to the use and disclosure of information on the Website/App. This Privacy Policy does not apply to information collected by or through any other medium, collected offline or by any other person and/or entity other than the Website/App or any other website whose link might be present on the Website/App for example, if you click on a link of another website displayed on the Website/App, it may direct you to the other website in which case this Privacy Policy shall not be applicable.

  1. MEANING OF PERSONAL INFORMATION

3.1 Personal information shall mean any information that relates to a natural person, which either directly or indirectly, in combination with other information available or likely to be available with the Website/App, is capable of identifying such person or when combined with other information can be used to identify such person. This includes your name, address, mobile or contact numbers, date of birth, gender, email address, location (by geo tracking devices), as well as the username and password created by you for use of the Website/App other relevant data desired by us etc.

Please note that this Privacy Policy does not cover the User Provided Content referred to Clause 4 of the User Agreement.

  1. USER INFORMATION

4.1 The Company may collect several types of information about its Users. Some of this information may be given voluntarily by the User while availing certain services offered on the Website/App; while some information may be collected automatically when the user is surfing the Website/App.

4.2 Information provided voluntarily –

It may be noted that the Company may require you to voluntarily provide information about yourself in the following events:

(a) When you register yourself with the Website/App

(b) When you fill out a form/ application to avail any of the services provided by the Company on the Website/ App

(c) When you communicate with the Company or make a request on the Website/App; via e-mail, phone or SMS.

(d) When you participate in blogs, chats, forums or write testimonials on the Website/App.

4.3 In any of the aforesaid events, you may be required to provide the following information:

(a) Your name.

(b) Contact details including postal address, pin code, email address, phone number, residency status.

(c) Identity proofs (e.g. driving license, passport, PAN card, birth certificate, etc.).

(d) Personal details such as age, sexual orientation, marital status, occupation, interests and hobbies etc.

(e) Details of your talent, skill, hobbies.

(f) Work experience.

(g) Ethnicity.

(h) Language.

(i) Dialect.

(j) Weight.

(k) Height.

(l) Eye colour.

(m) Chest.

(n) Waist.

(o) Hair length.

(p) Hair type.

(q) Hair colour.

(r) Skin colour.

4.4 You may note that it is possible that we may collect personal information about you from sources other than yourself, such as forums, blogs, instant messaging, referral program, other users of our services and our business partners. However, any such information shall not be considered to be sensitive, if it is freely available in the public domain, or under the (Indian) Right to Information Act, 2005 or under any other applicable law for the time being in force.

4.5  Information retrieved/collected automatically

The Company may collect a variety of technical, navigational and other non-personal information about you such as your IP address, operating systems and software, types of devices used, types of browsers, usage patterns, geo-location of a browser, address of your server from where the Website/App is being accessed, URLs visited prior to the use of the Website/App or URLs visited after use or access to the Website/App etc. when you visit the Website/App, through the following:

(a)  Cookies: Cookies are pieces of data/ information that are sent by a web browser/ website and stored on the hard drive of your computer. Cookies are a reliable mechanism for websites to remember the state of the website or activity the User had taken in the past, including clicking particular buttons, logging in, or a record of which pages were visited by the user even months or years ago. The Website/App may assign a ‘cookie’ to you, encrypting your information, which may be saved on your computer’s hard drive while you visit the Website/App. This will help adjust and track your preferential information every time you visit the Website/App thereafter. You may note that this Privacy Policy includes ‘cookies’ that are placed by the Website/App and does not cover any ‘cookie’ that may be placed by any third party website. Your internet browser may allow you to not store any cookies on your computer or alternatively you may chose to delete the stored cookies from your computer; however you may note that, in such an event your navigation through the Website/App or access to certain features/ services of the Website/App may be restricted.

(b) Beacons/Bugs: A beacon is a picture file used to keep track of your navigation through a single website or a series of websites. The Company may use such web beacons to study and analyse the usage of the Website/App.

(c) Usage Details: The Website/App may also collect details regarding your visits to and navigation through the Website/App such as your location data, IP address, operating system, browser type, geo-locations other resources that you access etc.

  1. ELIGIBILITY, USE AND INFORMATION

5.1 You are eligible to register and avail the services provided on the Website/App only if you are an Eligible Person.

5.2 In case the services offered by the Website and App are for and on behalf of a minor or a child artist or a person who is not an Eligible Person, the Website and App must be accessed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child artist or person who is not an Eligible Person. Such parents/ legal guardians will be responsible adhering to this User Agreement and for the actions of the minor, child artist or a person not being an Eligible Person, on whose behalf he/she accesses the Website/App without any liability whatsoever on the Company.

  1. CONSENT GIVEN BY USER

You herby expressly grant your written consent to the Company through the Website/App to collect, possess, receive, upload, store, deal with, handle and/or use, share, disclose and transfer the personal information and/or sensitive personal data to such persons and such
lawful purposes as contained in this Privacy Policy. Further, you also hereby grant your written consent to enable the Website/App and/or its independent service providers to collect non-personal data by placing cookies etc. Once the personal information and/or sensitive personal data are collected, the Company shall have the right to use the same for the purposes for which the same were collected.

  1. PURPOSES FOR COLLECTION AND USAGE OF INFORMATION

7.1 Personal and non-personal information collected by us, will be used by the Company in handling general enquiries concerning its services, in providing better user interface, making your visit to the Website/App more user-friendly and without limiting the foregoing, for the following purposes:

(a) Registering of your account with the Website/App.

(b) Enabling the access of the Website/App and use of the services available to Users.

(c) Addressing questions, doubts, queries raised, clarifications and information sought and for addressing technical issues which arise in the Website/ App.

(d) Designing or identifying services, data, information or related products for users.

(e) Marketing (including direct marketing) of products/services, send information, materials and offers from the Company.

(f) Meeting the requirements to make disclosure under any law binding on the Website/App, the Company, its directors, associates or employees, under and for the purposes of complying with any directions or guidelines issued by regulatory or other authorities with which the Website/App or the Company or any associated entity is expected to comply.

(g) In connection with any exchange of information and verification and authentication of the information that may be provided by the User, to evaluate the eligibility of the User or minor (as the case may be) for certain types of offers, products and services that may be of interest to you and analyse advertising effectiveness.

(h) In connection with any system or facility for payment by electronic means or via other communication media in which the Website/App participates.

(i) To send you alerts, notices, letters, newsletters, offers, response to request and other customer support queries and/or any other communication which may be relevant and vital to the usage of the Website/App by you.

(j) To enable the Company as well as third parties to provide itself or procure from third parties customised information, services, offers and advertisements etc.

(k) To third party contractors that provide services to the Website/App.

(l) To internally analyse the performance of the Website/ App, Company’s internal technical systems and data.

(m) To gather demographic data to research, analyse and understand trends and behavioural patterns, to measure and understand the effectiveness of any of the aspects of the services of the Website/App, to trouble any problems, track your movement, gather broad demographic information for aggregate use and to comply with the applicable law.

(n) To alert you about potential software compatibility issues and/or for improvement of the Website/App.

(o) To monitor and administer daily operations and functions of the Website/App.

(p) To enforce the “User Agreement” of this Website/App.

(q) For all other purposes as may be disclosed when you provide personally identifiable information/sensitive personal data.

(r) All other incidental and associated purposes relating to the above and any other purpose which a User may from time to time agree.

  1. DISCLOSURE OF PERSONAL INFORMATION

8.1The Company may disclose/ transfer (whether within or outside India) and/or exchange your personal information including your personal data to and/ or with all such persons and/or entities, as may be required for the aforesaid lawful purposes, including but not limited to:

(a) Any of its directors, shareholders, associates or employees, or any of its affiliates.

(b) Any agent, contractor or third party service provider who provides administrative, advertising and marketing agencies, telecommunications, computer, financial intermediary, payment or securities clearing or other services to the Company in connection with the Website/App or the operation of the Company’s business and services through the Website/App.

(c) Any other person under a duty of confidentiality, including any member which has undertaken to keep such information confidential.

(d) Any actual or proposed assignee of the Company or participant or sub-participant or transferee of the Company’s rights in respect of the information of the User.

(e) To any third party such as Talent Placement Agencies when you choose to avail certain services/ facilities offered on the Website/App. In such an event, the Company does not take any responsibility for any misuse or unwarranted disclosure of such information that may be made by such third party.

(f) Any person to whom the Company is under an obligation to make disclosure under and for the purposes of any guidelines issued by regulatory or other authorities.

(g) As may be required by law or court order or administrative/ government agency or in a situation of national emergency or when the Company believes that an information disclosure is required to protect the Company’s rights or those of the Company’s/ Website’s/App’s Users or any other aspect of the Website/App and to comply with the legal process without any restrictions.

(h) In any event where the Company has reason to believe that you are in violation of any applicable law, rule or regulation, or interfering with the rights of any other person.

(i) To any potential investor or purchaser of any interest in the Company or Website/App or any associated entity or in its business in connection with any potential re-organisation, merger or disposal.

(j) Any lawyer or other professionals for the preparation of any document or professional advice regarding the above.

8.2 The Company will endeavour to ensure that the third party receiving any personal information does not disclose it further and shall observe the same level of data protection as is ensured by the Company in respect of the Website/App and in consonance with this Privacy Policy.

8.3 Notwithstanding anything contained elsewhere, any personal information including sensitive data may be disclosed by the Company to any third party by an order/ direction under the law for the time being in force, without any consent or other obligation. For instance, personal information may be released to an officer making the request if he provides a warrant or a court order requiring such disclosure.

8.4 Where a government agency makes a request to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences, the Company may share the personal information without obtaining any prior consent of the User. The Company will be utilising the services of third party service providers such as technical service providers to create and support the Website/ App, third party advertising company etc. The Company may publish or share your non-personal information in order to promote the Website/App with the Company’s affiliates, various third parties and Company’s service providers without your consent. You are informed that the Company’s third party service providers may utilise information relating to your usage of the Website/ App in order to provide customised services, offers and advertisements to you.

  1. VERIFICATION OF INFORMATION

In the event that you choose to avail any service or facility that may be offered through the Website/App or put in a request or query with respect to the same, you shall have to register yourself with us and/ or provide personal information about yourself. You may note that the Company may (through our agents/ service providers) contact you either through e-mail, fax, telephone or personal visits for verification/ confirmation of the same.

  1. OPTION TO WITHHOLD / WITHDRAW

Prior to collection of the personal information (including sensitive personal data), the Website/App may give you an option to withhold the data/ information sought. Further, you may withdraw the consent given to the Company on the Website/App, by communicating in writing. However, such withholding of information or withdrawal of consent may result in the Company being unable to provide services and facilities and the Company reserves its right to take appropriate action with respect to any obligations or in relation to any contract under which such personal information was sought. It being clarified that such withdrawal of consent shall not affect the permission granted prior to such withdrawal and hence the Company shall not be liable for sharing personal information (as stated herein) in any manner whatsoever.

  1. ACCURACY OF AND ACCESS TO PERSONAL INFORMATION

11.1 The Company will not be responsible for the accuracy or authenticity of the personal information or sensitive personal data that is provided by you. It is the responsibility of the User to notify the Company through the Website/App of any changes to their personal information. To attain this end, the User may request the Website/App for reasonable access to, and correction of, their personal information collected by the Website/App by emailing their request/clarification at contact@fthecouch.com. The Company makes good efforts to provide its users with reasonable access to their respective personal information and shall ensure that any personal information found to be inaccurate and brought to the notice of the Company by the User is rectified or amended as feasible. The Company may however before processing such requests, ask the User to identify themselves and the information /data requested to be modified by them in order to avoid repetitive and/or illegitimate requests. The Company shall not be responsible for any delay in updating such information.

11.2 In the event a User requests the Company to delete his/her personal information and/or his account, the Company shall ensure that such personal information/ user account is deleted within 36 (thirty-six) hours of receiving such a request. The Company may however before processing such requests, ask the User to identify themselves and the information /data requested to be deleted by them in order to avoid any illegitimate/bogus requests. Once the personal information/ user account is deleted, all data in respect thereof shall cease to be accessible to the User, and the Company may thereafter send an email to such User apprising him/her of such deletion. The User may contact the Company by emailing their request on contact@fthecouch.com

11.3 It is clarified that, after the deletion of the personal information/ User account, the Company shall maintain records of the same for a period of 90 (ninety) days thereafter in a separate restricted and confidential back up after which the same shall be deleted therefrom. It is clarified that even though the Company may maintain records of deleted data for 90 (ninety) days, once the personal information/ user account of a particular User has been deleted upon his/her request, the same shall not be retrievable by the User in any manner whatsoever and at any time thereafter.

11.4 The Company may, however, withhold or may not be able to provide information to you for valid reasons including if it:

(a) contains references to another User(s).

(b) is subject to legal/ contractual privilege or cannot be disclosed for other legal reasons.

(c) contains confidential commercial/ business information of the Company or other users of the Website/App.

(d) is not maintained by the Company.

(e) was created in the course of a dispute resolution process.

(f) could threaten the life or security of another individual/ entity.

(g) was disclosed under a court order or was disclosed to a government institution as part of an investigation.

  1. LINKS TO THIRD PARTY WEBSITES

12.1 The Website/App may display links of third party websites such as Facebook, Twitter, YouTube, Google plus, LinkedIn, Google maps, Instagram, Pinterest and any other talent hunt websites etc., with an option of sharing information on such other websites. You may note that such links to third party websites are not an endorsement of such third parties, their websites and/or their products/services by us. We do not take any responsibility for their privacy policy, terms of use, content, services and products. They may place independent cookies on your computer or independently contact you, for which the Company or Website/App shall not be held responsible or liable in any manner whatsoever. We encourage you to read individual terms of use and privacy policy of each of these websites before using them and/or disclosing your personal information.

13 FORUMS AND SHARING INFORMATION WITH OTHER SERVICES

13.1 The Website/App may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”). Any information you reveal in the Forums, including but not limited to any public forum is not subject to this Privacy Policy and can be seen by third parties unrelated to the Website/App. It is therefore important that you carefully consider what information you disclose in these Forums. Any information that may be revealed in such a Forum shall not be considered to be sensitive personal information.

13.2 The testimonials that you may write shall be published on the Website/App, without your consent.

  1. PUBLICATION

The uploading, dealing, handling and/ or using of any personal information for any lawful purpose by the Website/App, including for the purposes and in the manner outlined above shall not constitute ‘publication’ in any manner.

  1. REASONABLE SECURITY PRACTICES & PROCEDURES

15.1 The Company takes appropriate security measures to protect against unauthorized use, access, alteration and destruction of data; however, we do not guarantee that the information provided by you to the Website/App shall not be intercepted while being transferred over the internet. Access to all Users is password protected and the Website/App has SSL certification. The Website/App is also in compliance with International ISO Standard IS/ISO/IEC 27001.

15.2 You are responsible for maintaining the confidentiality of your login ID and password and shall not reveal the same to any third party. In the event you believe that your user information has been stolen or compromised, you must contact us immediately on contact@fthecouch.com. We shall endeavour to block your account or provide restricted access upon being informed of such an event in order to protect your identity and information. However, we shall not be responsible for any unauthorized use/access to your account or disclosure of any personal information by virtue of such an event.

  1. OPERATION OF THIS WEBSITE/APP

This Website/App may be operated from India as well as outside India. In the event you are located in any place other than in India, you shall ensure that you comply with the applicable laws in India as well as the local laws or regulations of the territory from which you access the Website/App or the facilities and services provided by the Website/App.

  1. AMENDMENTS/CHANGES TO PRIVACY POLICY

17.1 This policy may be revised from time to time at the sole discretion of the Company without any advance intimation to you. Your continued use of the Website/App following such revision or modification shall constitute your acceptance of the revised Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices and keep yourself informed about the updated Privacy Policies.

  1. COMPLAINTS

In the event the you are unhappy and or have a grievance with respect to (i) any service/ product or facility that is provided on the Website/App; and (ii) any other activity that may take place on the Website/App, or if you have any questions, comments, concerns or feedback regarding this Privacy Policy and/or this Website/App, you may bring the same to the notice of our Grievance Officer, whose details are given below and/or lodge a complaint with us. We shall ensure that we take all the necessary steps to address your questions, comments, concerns to the best of our abilities.

Name: Mr. Akshay Vatsa
Address: 110, Dr. E. Moses Road, Next to 4 Seasons Hotel, Jijamata Nagar, Mumbai, Maharashtra ? 400 018. India

  1. CONTACT US

For general queries and communication, you may also contact us at the same address mentioned in Clause 18 above.

 

TERMS OF USE

 This website www.fthecouch.com (“Website”) and the mobile application (“App”) are owned and operated by FTC TALENT MEDIA & ENTERTIANMENT Private Limited (“Company”).

The use of the Website and the App is only for individuals competent to contract as per applicable Indian laws (i.e. person above 18 years of age, and who is sound mind and is not disqualified from contracting by any law to which he is subject (“Eligible Person(s)”).

In case the services offered by the Website and App are for and on behalf of a minor or a child artist or a person who is not an Eligible Person, the Website and App must be accessed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child artist or person who is not an Eligible Person. Such parents/legal guardians will be responsible for adhering to this User Agreement and for the actions of the minor, child artist or a person who is not an Eligible Person, on whose behalf he/she accesses the Website/App without any liability whatsoever on the Company.

  1.  USER AGREEMENT

1.1 These Terms of Use (“User Agreement”) together with the privacy policy (“Privacy Policy”) on the Website and the App will constitute a binding contract between the Company and the User; and are applicable to the content and services offered through the Website and App. The Privacy Policy shall form a part of this User Agreement by means of reference. By using the Website and the App and from any electronic device, you agree to abide by this User Agreement and the Privacy Policy from time to time. Please read this User Agreement and the Privacy Policy carefully before using or availing the services offered through the Website and App. If you do not agree to abide by be bound by this User Agreement and the Privacy Policy, then in that event you should not use the Website/ App.

1.2 The words “we”, “us”, “our” including all their grammatical connotations as used herein shall unless repugnant to the context or meaning thereof, be and refer to the Company, shareholders of the Company, the employees, directors, affiliates, representative, sub-contractors, agents and associates of the Company and shall be deemed to mean and include the Company’s successors and assigns. Any person accessing the Website and App and/or availing of the services provided through the Website and App shall be referred to as the “User” and any references to the words “you”, “your”, “Artist(s)”, “Recruiter(s)” (as the case may be) shall mean and include the User.

1.3 You acknowledge and agree that you at your own free will agree to be bound by this User Agreement and the Privacy Policy posted on the Website/App by virtue of registering yourself on the Website/App and by clicking on “I Agree” or “Agree “or “I Accept” or “Accept” tabs/ buttons on the Website/App as a part of the registration process or otherwise.

1.4 You may terminate this User Agreement at any time by electronic means provided via the Website/App. It is clarified that non usage of the Website/ App for any period of time will not amount to termination of this User Agreement unless expressly terminated, as provided on the Website/App. All the rights acquired by the Company prior to the termination of this User Agreement including the rights acquired in any User Provided Content (as defined below) shall continue to remain with the Company even after the termination of this User Agreement or deletion of the profile or account of the User from the Website/App.

1.5 The Company shall in its sole discretion have the right at any time and without prior notice to restrict, suspend, terminate, delete content or details of any user for any or all Services or this Agreement. Any such cases may be notified to the User as per the Company’s discretion.

1.6 You hereby agree and undertake that you shall use the Website and App strictly in accordance with this User Agreement and the Privacy Policy. Without limiting the generality of the foregoing, you agree that you shall not use the Website/App for any illegal or unauthorized purpose or upload inappropriate content in any manner whatsoever.

  1.  SERVICES PROVIDED THROUGH THE WEBSITE

2.1 The Website and the App are designed to be utilised as a social networking platform enabling persons in the media industry to meet and work together, to exhibit and promote identified skills, talents, creative arts and crafts of individuals registered with the Website and App and to also connect individuals interested in encouraging, engaging the services and/or harnessing the skills, talents, creative pursuits of such individuals and/or to provide further opportunities to enhance such skills, talent and creative pursuits.

2.2 The individuals registered with the Website/App desirous of promoting, exhibiting their skills are hereinafter referred to as “Artist(s)”.

2.3 The identified skills, talents and crafts of Artists shall be any of the activities such as acting, singing, dancing, script writing, comic, modelling, film and stage crew, music, etc.; and each Artist’s identified skill, talent and craft shall be specifically provided in the profile of such an Artist appearing on the Website/App. The Company may at its sole discretion modify the aforesaid categories of services, skills, talents, creative arts or introduce new categories and forms of or discontinue any services, skills, talents, creative arts without any advance notice to you.

2.4 Any individual/ entity interested in engaging the services of the Artists or providing any job/ assignment/ projects to the Artists including but not limited to casting directors, production houses, directors, talent hunters and talent placement agencies etc. are hereinafter referred to as “Recruiter(s)”. It being clarified that Recruiters shall only be entitled to posts setting out the roles/ talent sought.

  1. REGISTRATION AND USE

3.1 The User agrees that he/ she shall only register once and use a single User account at all times. In case the Company decides to delete the User profile or debar the User from use of the Website/ App for any reason whatsoever, the User shall not directly or indirectly enrol with the Website/ App again.

3.2 In case of Artists using the Website/App or registering as a group/ band/ troupe, the entire group/ band/ troupe shall register only once and shall use only a single User account at all times. All the members or Artists of the group/ band/ troupe shall be bound by and be responsible for adhering to this User Agreement and Privacy Policy. Further, it is clarified that an individual member of a group/ band/ troupe registered on the Website/ App may also separately register in their individual name on the Website/ App. In case the Company decides to delete the User profile or debar the group/ band/ troupe from use of the Website/ App for any reason whatsoever, none of the members of such a group/ band/ troupe which is debarred or whose account is deleted shall directly or indirectly enrol or register with the Website/ App again without the consent of the Company in writing.

3.3 While registering on the Website/ App or using the services, you agree to provide true and correct information, which does not give the wrong impression or which impersonates any other person in any manner whatsoever and also undertake to revise and update the information in a timely manner. We request you to keep your sensitive personal information including the password of your User account or any financial information including but not limited to Payment Options strictly confidential.

3.4 The User shall not operate the Website/ App in any manner which will be prejudicial to or detrimental to the interests of the Company, any other User of the Website/ App or any other person or generally the public at large by engaging in illegal, inappropriate, unauthorised activities of any manner whatsoever including activities, tactics which may be insulting, offensive, defamatory, slanderous, libellous, vilifying, cause a threat to life or property or intruding the privacy of any other person. Any such prejudicial, detrimental or unauthorised use of the Website/ App shall immediately terminate the right of such User to use the Website/ App.

3.5 In case you register on behalf of a minor or a child artist or a person who is not an Eligible Person, your discretion is solicited while giving access of the Website/App and the User Provided Content posted therein to such minor or child artist or person who is not an Eligible Person and must ensure that the minor or child artist or person other than an Eligible Person complies with this User Agreement. You shall be deemed to be in breach of this User Agreement in case of any breach of this User Agreement by the minor or child artist or person other than an Eligible Person you register yourself on behalf on and the Company shall not be held responsible for any such breach in any manner whatsoever. Only the parent or legal guardian registering on the Website or App on behalf of a minor or child artist or person who is not an Eligible Person shall interact with the Company or on the Website/ App on behalf of such persons.

3.6 Notwithstanding anything that is stated in the User Agreement or the Privacy Policy the Company may at its sole discretion and without assigning any reason whatsoever, de-register or debar or deny registration or access to any person from using the Website and/or App or any part thereof.

  1. USER PROVIDED CONTENT, USE OF THE WEBSITE AND RESTRICTIONS

4.1 You are permitted to upload audio/ video files, photos or other similar form of media content to promote your talent (“User Provided Content”).You hereby expressly agree and understand intellectual property rights in the User Provided Content shall solely belong to the Company, except in case of any scripts provided by any script writer. The Company shall, at its sole discretion be entitled to display/ not display it on the Website/ App. If the Company decides to display the User Provided Content on the Website/ App it will be in public domain. The Company will not require any further consent or sign from you for use of the User Provided Content.

4.2 The User expressly confirms that the User is entitled to upload the User Provided Content and that the User Provided Content does not infringe third party rights in any manner whatsoever. The User hereby expressly indemnifies the Company in case any violation of a third party right in any manner whatsoever.

4.3 Based on the categories of services availed by the Users, the Company shall only endure to connect, endorse, promote, provide networking, auditioning, job opportunities, talent discovery and hunting services to the Users.

4.4 You expressly agree that in consideration for the efforts and use of resources of the Company in promoting, exhibiting, displaying, providing a platform to showcase the skills of the Artists through the Website/ App, you grant to the Company a worldwide, royalty-free, exclusive and perpetual right of the User Provided Content. The Company shall be entitled to assign, license, use, change, distribute, duplicate or deal with any User Provided Content, in whole or in part, or to incorporate it in other works in any manner whatsoever, for such purpose as the Company deem fit. By virtue of the assignment of the User Provided Content, you agree that the Company may publish or otherwise disclose your name in connection with your User Provided Content. Your assignment hereunder shall survive even if you delete your account on the Website/App or remove the User Provided Content from the Website/App or otherwise stop accessing the Website/App. The Company is not required to or bound to delete the User Provided Content for any reason whatsoever.

4.5 You acknowledge that once the User Provided Content is uploaded or posted on the Website/App it will be in public domain. The User must at all times refrain from disclosing or posting any personal information such as your contact details, financial information, credit or debit card details, email addresses in your User Provided Content. The Company shall not be responsible for any misuse of such personal information.

4.6 You agree and undertake that User Provided Content that you post on the Website/ App either on behalf of yourself or on behalf of a group/ band/ troupe or minor or child artist or anyone who is not an Eligible Person, shall not violate or be detrimental to the rights and interests of any other persons and shall not be unauthorised or illegal actions in any manner whatsoever.

4.7 You, as an Artist/ Recruiter shall not host, display, upload, modify, publish, transmit, update or share any information/ content on the Website or App or in case you are a Recruiter shall not offer any job or opportunity through the Website or App which would call for or require the Artist or any other person to upload or share any information/ content that:

(a) Belongs to another person and to which the User does not have any right to;

(b) Is grossly harmful, harassing, blasphemous defamatory, hurts religious sentiment, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) Harm minors in any way;

(d) Infringes any patent, trademark, copyright or other proprietary rights of any person;

(e) Violates any law for the time being in force;

(f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g)Impersonate another person;

(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

4.8 You agree to provide the Company with any information or documents as may be requested by the Company or any other authority without any protest for the purpose of enabling the Company and/or authority to verify the accuracy of the information provided by you and conformity of your use of the Website/ App with this User Agreement.

4.9 The Company does not guarantee the authenticity, utility or credibility of any User Provided Content or personal information on the Website/App, and shall not be responsible for any actions that the Users may take as a result of using the Website/ App or having to access to User Provided Content on the Website/ App.

4.10 You acknowledge and agree that the Company shall not be responsible for any inherent risks of using the services on the worldwide web or internet generally including phishing, hacking, corruption of data, piracy and the like. You agree that by using the Website/ App, you assume all associated risks of using the Website/ App on the internet.

4.11 You acknowledge and agree that the Company may retain and disclose your information and User Provided Content that you provide if the Company is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary for any reason that the Company deems fit.

4.12 Be aware that the Company does not undertake to pre-screen User Provided Content. However, the Company may periodically examine the information transmitted or received through the Website/App and deal with or modify such information transmitted or received through the Website/App as may be deemed necessary by the Company in accordance with reasonable security practices from time to time. The User shall be bound by any such actions or decisions of the Company.

4.13 The User shall be solely responsible for all User Provided Content that is made available by them via the Website/App and shall be liable for any injury, damage and consequences that may arise due to posting such User Provided Content. The Users are hereby advised to make all inquiries that they may deem necessary prior to availing any services or uploading any User Provided Content on the Website/App. The Company will not be liable to the User or any other person in any way for any costs or consequences due to the User Provided Content that is made available via the Website/App.

4.14 You as the Artist or a Recruiter are expressly prohibited from soliciting or engaging in prostitution or any other illegal or immoral acts through the use of the Website/ App in any manner whatsoever.

4.15 You will not use any part of the Website/ App for any commercial activity whatsoever, or engage in any business, trade or vocation whether competing in nature in relation to the business of the Company or not without the prior written consent of the Company, including, for example, inserting your own or a third party’s advertising, branding or promotional content, promoting a political party/ agenda, promoting a religion/ religious group, promoting a website or application competing with the Website/ App into the Website’s/ App’s contents, materials or services or in the User Provided Content, in any manner whatsoever.

4.16 The facility to share the User Provided Content on social networks may be provided through the Website/App, including but not limited to Facebook, Twitter, Instagram, Pinterest etc. from time to time. In the event that you opt to share the User Provided Content on any other social networks, you agree to comply with the terms of use and other policy requirements of such other websites and social networking platforms.

4.17 The manner of arrangement, working, operation of the Website/App its graphics, displays, interactive platforms, windows as available on the Website/App are the property and proprietary information of the Company and their operation, display shall be at the sole discretion of the Company.

4.18 You shall not hack or render useless or try to illegitimately gain admission into or corrupt any part of the Website/ App or any other records, computer, device, network, storage, system of the Company or any other of any other person (natural or artificial) through any means whatsoever.

4.19 The Company shall in its sole discretion be entitled to restrict/ limit the number of messages that Recruiters can send to the User in order to ensure that the Website/ App is not misused for bulk/ spam messages in any manner whatsoever.

  1. DISCLAIMERS AND LIMITATION OF LIABILITY

5.1 You acknowledge that the services provided on the Website/App or the User Provided Content may or may not meet your expectations. The Company does not assure or guarantee the Artists or the Recruiters that they would necessarily secure an opportunity, audition and/or placement or that the Recruiters will necessarily connect with Artists as per its requirements.

5.2 The Company shall not be held liable for any and costs, claims, damages or injuries suffered by the User owing to use the Website/ App, in any manner whatsoever.

5.3 The Company shall endeavour to provide accurate and hassle free information to the Users of the Website/ App in an uninterrupted and secured manner, but the accuracy, reliability and security of the services, any descriptions, qualifications, abilities, performance or other attributes provided by any Artist and the User Provided Content cannot be guaranteed and the you acknowledge that User Provided Content and other data/information on the Website/ App could have errors or may not be up to date, for which the Company cannot be held accountable or liable at any time.

5.4 The User agrees and understands that the Company shall not be held responsible, liable for the disruption of services or non-performance of this User Agreement or the costs and consequences arising from disruption of services or the non performance of this User Agreement, owing to a force majeure event such as national emergency, war, riots, insurrections, acts of terrorism/ public enemies, civil disturbances, prohibitive governmental regulations or the orders of any judicial / legislative authority, strikes, lockouts or other industrial disturbances, fire, floods, lightning, violent winds, cyclones, severe rains, earthquake or other acts of God, hardware or software crashing or failures, or any other cause beyond the reasonable control of the Company that renders performance of this User Agreement impossible.

5.5 The Company shall not be responsible for any loss of data or deletion of any User Provided Content or data that may have been provided by the User resulting from such interruption of service.

5.6 The Company shall not be responsible or liable for any loss or deficiency of any services availed through the Website/ App. The Users shall use the Website/ App at their own risk.

5.7 You acknowledge that the Company may as part of the features or services offered through the Website/App, display advertisements, promotions, offers, enrolments, provide links to third party websites with whom the Company may have a business or contractual relationship for which the Company may or may not receive monetary gain when the User engages with third parties through such advertisements, promotions, offers, enrolments. However, any such engagement with such third parties is at your sole risk as to costs and consequences. The Company has not examined or evaluated the content, accuracy, completeness, legality, decency, quality or any other aspect of such third party websites. The Company shall also not be responsible or liable in any manner for any losses suffered or costs incurred by the User arising out of or in relation to any such engagement with third parties or third party websites or any transaction that you may enter into pursuant to use of the Website/App.

  1. INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION

6.1 The Company is legally entitled to use of trademarks, word marks, logos such as FTC TALENT MEDIA & ENTERTAINMENT. The Company is the owner of the Website/ App, including but not limited to the, source code, object code, scripts, logos, design, graphics, button icons, arrangement and software. All content posted on the Website/App is either owned by the Company or irrevocably assigned to the Company. The User is not entitled to use the name, trademarks, proprietary information, logos or the intellectual property of the Company in any manner whatsoever.

6.2 Nothing contained on the Website/App should be construed as granting any licence or right to any User, to use any intellectual property belonging either to the Company and/or third party service provider associated with Website/App, in any manner whatsoever. Subject to what is stated in the paragraph above, any other material displayed on the Website/App that is capable of being protected as intellectual property shall be the property of the Company and nothing contained therein should be construed as granting any licence or right to the User to use any such material without the prior written permission of the Company.

6.3 You shall not, in any manner whatsoever:
(a) Design, develop or engineer a website or application deceptively similar to the Website/ App.
(b) Download, duplicate, copy, alter, modify any content or intellectual property on the Website/ App.
(c) Publicise or use for commercial gain any content or intellectual property on the Website/ App.
(d) Any content or intellectual property on the Website/ App.

  1. COMMERCIAL TERMS

7.1 The Company may, at its sole discretion, approach and offer any User to engage and avail the services Company to professionally manage their talent, skill or career on any digital, non-digital or any other platform and on such terms and conditions as may mutually agreed between the Company and the User.

7.2 The Company may offer such promotional codes (“Coupons”) to the Users or to the potential users or subscribers of the Website/App as it deems fit from time to time for promotion for offering any specific benefits, offers, discounts, services. The Company reserves the right to offer or discontinue such Coupons subject to any additional terms and conditions as the Company may require with respect to each Coupon offered or discontinued at any time without any prior intimation of any sort for any or no reason without any liability on the Company whatsoever. Unless otherwise specified in the terms of conditions of the respective Coupon(s), the Coupons shall be (i) Non transferable, non assignable, (ii) Used only for the purpose specified. The Coupons shall not be sold, disposed, copied, circulated, exchanged for cash or redeemed for any purpose other than the specified/ intended purpose. The Coupons may be valid for a specified time and restrictions on the number and manner of use. The Company may deny/ withdraw/ cancel or suspend any benefits/ features or services offered through the use of any Coupons at its sole discretion with any prior notice to any person.

7.3 The Company provides certain paid services on the Website/ App.

7.4 You will be required to make payments to the Company pursuant to the debit card/ credit card/ wallets/ gateways/ net-banking or similar means (“Payment Options”) available on the Website/ App. All the payment obligations shall not be cancellable and all payments made by the User shall not be refundable for any reason whatsoever.

7.5 The Company shall be entitled to change its pricing policies from time to time, without any prior notice to you.

7.6 The User hereby expressly states that he/ she is validly entitled to make payment to the Company via the Payment Options.

7.7 You agree and undertake to comply with the exchange control laws, foreign exchange control and any similar laws and regulations applicable to you while dealing with and making payments for availing the services of the Company.

7.8 Please be aware that all Payment Options are provided and maintained by third party service providers and the Company is neither privy to/ nor stores any information provided by the User at the time of making payment. Hence the Company is not liable or responsible for misuse of any information provided by the User at the time of making payment for the use of the services on the Website/ App.

7.9 The representatives of the Company will not ask for your credit/ debit card details such as the CVV number or bank account details, hence you should not share any such information.

  1. INDEMNITY

8.1 You shall indemnify and hold safe harmless indemnified the Company, shareholders of the Company, the employees, directors, affiliates, representative, sub-contractors, agents and associates of the Company from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (i) Your access and use of the Website and App, (ii) Your uploading User Content on the Website/ App (iii) Your breach of this User Agreement/ Privacy Policy; (iv) Your misrepresentation, negligence, misconduct, non-compliance or violation of any applicable laws, violation of a third party right; (v) Any wrong or incorrect information provided by you to us, in any manner whatsoever.

8.2 This indemnity shall survive the termination of this User Agreement. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of or by us and/or our suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents and/or members.

  1. EQUIPMENT AND OPERATION

You shall provide and maintain all telephone/ internet and other equipment necessary to access the Website/App and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website/App.

  1. COMMUNICATION

The Company may communicate with the User by multiple mediums including but not limited to notices/push notifications on the Website/App or notifications via e-mail, SMS, telephone calls or any other means of communication that the Company may deem fit. The User agrees to receive communications from the Company directly or indirectly or via any third party associated with the Company.

  1. DISPUTE RESOLUTION

Any dispute between you and the Company arising out or in relation to this User Agreement and/or the Privacy Policy, shall be referred to arbitration to be conducted by a sole arbitrator appointed by the Company. The seat of arbitration proceedings shall be Mumbai, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.

  1. GOVERNING LAW AND JURISDICTION

12.1 This User Agreement and the Privacy Policy shall be governed by the laws of India.

12.2 Subject to clause 11 above, the courts in Mumbai shall have exclusive jurisdiction in relation to this User Agreement and/or the Privacy Policy.

  1. WAIVER

No delay, forbearance or indulgence in exercising or omission to exercise any right, power or remedy accruing to the Company upon any default by the Users shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence to such default.

  1. HEADINGS

The headings in the User Agreement and the Privacy Policy are provided only for the sake of convenience and shall not be and shall be ignored for the purpose of interpretation/ explanation of the provisions of this User Agreement and the Privacy Policy.

  1. SEVERABILITY

If and solely to the extent that any court or tribunal of a competent jurisdiction holds any provision of this User Agreement to be unenforceable in a final non-appealable order or any provision become unenforceable by operation of applicable laws, such unenforceable provision shall be stricken and the remainder of this User Agreement shall not be affected thereby. All provisions of this User Agreement shall be severable and no such provisions shall be affected by the invalidity of any other provision to the extent that such invalidity does not also render such other provisions invalid. In the event of the invalidity of any provision of this Agreement, it shall be interpreted and enforced as if all the provisions thereby rendered invalid were not contained herein.

  1. ENTIRE AGREEMENT

This User Agreement along with the Privacy Policy constitutes the entire agreement between you and the Company, and no other agreement, written or oral, exists between you and Company with respect to the Website/App.

  1. AMENDMENT

We may at any time we think it is fit, change the terms and conditions of this User Agreement and/or the Privacy Policy without sending out an advance notice to you. Your continued use of the Website/App after such change in this User Agreement and/or the Privacy Policy will mean and imply that you accept the new and/or modified terms and conditions of the User Agreement and/or the Privacy Policy. Kindly re-visit the ‘Terms of Use’ link at our site from time to time to keep yourself familiarised with any such changes that may be made to this User Agreement or Privacy Policy to enable you to adhere to the same.

  1. ASSIGNMENT

Any rights, benefits or obligations arising out of this User Agreement shall not be assigned by you to any other person. Any such assignment shall be null and void. However, the Company may assign this User Agreement, in whole or in part, to any third-party or any User Provided Content uploaded on the Website/App at any point in time to any person at its sole discretion.