“Agreement” means this agreement and any and all schedules, annexure attached to it or incorporated in it by reference and also includes any extensions/addendum(s)/amendments, if any, to this Agreement;

“Application” means the Company’s software application named www.casttree.com which can be downloaded/installed on mobile phones, tablets or any other device known today or in the future;

“Applicable Law” means all applicable laws, bye-laws, rules, regulations, circulars, notifications, ordinances, protocols, codes, guidelines, policies, notices, directions, orders, decrees or judgments of courts or other requirements of any governmental authority;

“Audio” means any original or remixed audio or a link to a third party website containing an audio clipping;

“Company” means the legal entity M/s. casttree incorporated as per the provisions of Indian Partnership Act, 1932;

"Content" means any audio, video, link, text, script, message, image, personal or non-personal information, graphics, uploaded on and/or put up on the Website of the Company by the User and may also be referred to as User Content or Member Content, as the case may be;

"Governing Law" means the laws applicable to the territory of India and having jurisdiction to the courts of State of Gujarat ;

“Performing Artist” means and includes those Artists belonging to the talent type and category of Actor, Dancer, Event Artist, Model, Musician, Singer, Stunt Artist, Voice Artist;

“Personal Information” means information including but not limited to: (i) name, (ii) age, (iii) date of birth, (iv) gender; (v) email address, (vi) resident and native city, (vii) telephone/cell phone number/s, and (viii) passwords or any such information that is considered to be Sensitive Personal Information as per the applicable law and which are capable of identifying a person;

“Person” means and includes an individual, proprietorship, partnership, corporation, company, unincorporated organization or association, trust or other entity, whether incorporated or not;

“Platform” means and includes the Website, Web/Mobile Application of the Company under the name of www.casttree.com;

"Quality Analysis" means and includes the operations and process carried out by the team of casttree with intent and in order to analyse and rightly project the profile of the Artist User so as to provide successful and accomplished results and output to the Client/s search inputs and requirements while he is making the search. This analysis includes verifying All the details which the user has inserted in the profile or has failed to mention in the profile. This includes their personal details, talent details and Showreel details and does not mean any change, alteration or amendment made by the team of casttree. It is to be noted that this procedure is exclusively to adhere to the terms of this Agreement and the laws of the lands regarding protection and preservation of the privacy, confidentiality and ownership and authenticity of data, and by no means does it involve or associate the team of casttree with the data uploaded and fed by the User in its profile.

"Quality Control" means a set of procedure carried out internally to impart training to the team of casttree, provide regular feedback for the operations and verification made by them, pay close attention to the interaction between the User and team member so as to improve the standards of customer service and make the experience of the User on platform smooth, convenient and accessible.

“Registration Process” means the mandatory process carried out as per the standard procedure mentioned under Clause 2 which is compulsory for any User to avail the Services of the Platform;

“Sample” means and includes all those piece of Work/s created and/or produced and/or brought in form and which constitutes and defines originality by and of the art and talent of the Performing Artists, by means of any electronic device, whether audio, visual, graphic, image, and uploaded via channels of Youtube, Sound Cloud, Daily Motion, Vimeo and/or any such other channels/mediums allowed by the Company;

“Sensitive Personal Information” means and includes all the information which is or is related to Personal Information as mentioned under Clause 1 sub clause 1.9;

“Services” means the services provided by the Company through its Platform which includes service of, but not limited to: (i) Permitting the User to create an account through the Platform; (ii) Providing the Platform and infrastructure for providing services in relation to aggregation of Artists; (iii) Allowing an Artist to upload his Works on the Platform; (iv)Permitting the User to view the Works of the Artists;

"User" means and includes any person visiting the Website Application and/or availing the Services of the Website Application in the form of an Artist and/or Client and getting himself registered on the Platform;

"Verification" means the call verification process initiated by the agent/executive of casttree to the Artist User in order to confirm the details input by the Artist User at the time of online registration and the authenticity of such data input by the Artist User of his details such as personal information regarding full name, age, date of birth, native city, current city, level of experience, primary talent type, other attributes fed, if any, is verified in order to ensure that it is manual in nature done conscientiously by the Artist User himself or herself and which is without any robotic or mechanical intervention. Any error found during this process is duly informed to the User which he is supposed to rectify and is absolutely void of any intervention of casttree. The User profile gets listed on the platform only after due verification via this process, in order to make reliable data listed on the platform.

"Video” means any original or remixed video or a link to a third party website a video;

“Works” means any Image, Audio and Video uploaded on the Platform by the User which is his own artistic work;

You" means and includes the Performing Artist and the Client and any such person visiting the Website and/or availing the Services of the Website and Platform www.casttree.com.

For accessing and using the Services on the Platform, you may have to register an account with the Website. In this regard, you agree and undertake:

To provide true, accurate, current and complete information about yourself and your Works in all aspects as may be prompted by the Website's registration form(such information being the "Registration Data/Form");

To maintain and promptly update the Registration Data to keep it true, accurate, current and complete;

You will not create more than one account;

If the Company disables or suspends your account, you shall not create another one without our permission;

You shall not assign, transfer or otherwise permit any other person to operate your account, unless you confer upon such person express authority to operate your account on your behalf;

You shall not manipulate the system, use any unfair means; solicit discriminatory help and favors to get a bias towards your casttree User profile in any way;

You shall not resort to any sort of unrealistic, intrusive, abnormal, and stalking or any such behavior on the Platform that may raise concerns of any sort with other Users or the Platform;

Use of the Website is available only to persons who can enter into legally binding contracts under Indian law. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872, including persons below the age of 18 years are not eligible to use the Platform. This site is intended for persons aged 18 or over and the Company reserves the right to de-register any person under the age of 18. It is clarified that where any Artist is below the age of 18 (including but not limited to a child artist), the Platform must be accessed and used only by such Artist’s legal guardian, who must be competent to contract and act on behalf of such person under the age of 18 and such guardian shall be deemed to have taken full responsibility for the minor on whose behalf he/she accesses the Platform. You acknowledge that some parts of the Website site may contain material that may be inappropriate for minors. If you register on behalf of a minor, you must still comply, and must ensure that the minor complies, with these terms and conditions. Any breach of these terms by the minor is deemed to be a breach by you. Any communication on the Platform on behalf of the minor must be done only by the legal guardian registering on behalf of the minor.

In order to participate in the casttree community and avail the Service of the Platform, You can successfully register for an account with our website by completing and submitting the account registration form on our website, simultaneously entering the One Time Password (OTP) which shall be sent to your registered contact number, for the purpose of authentication of your information and clicking on the verification link in the email that the website will send to you. If you register for an account with our website, we will provide you with or you will be asked to choose a user ID and password. Your user ID must not be liable to mislead and you must not use your account or user ID for or in connection with the impersonation of any person. For this purpose you will be required to share your Personal Information such as your email address, contact number and other information as mandated in the account opening form. You must also upload your image and a brief description about you and your past experience (if any) to personalize your account. Only upon completion of the OTP and email Verification will you be able to upload your Work on your artist account. Upon activation of the account, you will be able to upload your Work, and a brief description of yourself and your past experience on the Platform.

Any video to be displayed on the Website shall have to be uploaded through YouTube, Sound Cloud, Daily Motion and/or Vimeo. Similarly, any audio file to be made available on the Website shall have to be uploaded through Sound Cloud. Accordingly, in the event that you make a video or audio file, you hereby agree to comply with the terms of use and other policy requirements of YouTube Sound Cloud, Vimeo and/or Daily Motion, as the case may be.

Each member's right to use the Services is personal to the User and the Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You must not allow any other person to use your account to access the website. You must keep your password confidential. The Company stores your password only for the purpose of enabling access to your account. The Company may assist you in retrieval or changing the password after verifying your identity. You must notify us in writing immediately if you become aware of any unauthorized use of your account or any other breach of security known or that should be known to you. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's account to access the website, unless you have that person's express permission to do so. If you are accessing the Website and/or downloading/installing the Application and availing the Service on behalf of a company or any legal entity, then you are required to have the legal authority which binds the company or the legal entity to the Terms. In such a case the company will be liable for all the obligations and all the Terms which are applicable to you personally

You acknowledge and agree that you are solely responsible for your interaction with other Users of the Platform, and that we have no obligation to monitor or resolve disputes between Users of the Platform.

You agree not to download/install/use the Platform or the Website, its features and Services if you do not satisfy the criteria set out herein.

Notwithstanding the above, the Company in certain circumstances may require further authentication steps as the case may be.

Notwithstanding anything contained herein, Company reserves the right to deny or terminate the user accounts to any Artist at its discretion.

The Company will carry out its Verification and analysis on the Works before it is available for viewing by the Users of the Platform. We typically require a maximum period of 48 hours from the time you upload; however, we reserve the right to require more time at our discretion. In any case, the Company shall have the right to take down any Work either by court or administrative order or at its own discretion. However, you accept that the Company shall not be responsible or liable for any third party infringement of any intellectual property rights. The Company will have the right to direct and/or guide the User to edit his profile to match the standard of professionalism to match the standard of the platform before it is made public. Any such amendment/s or edit/s are merely suggestive and do not constitute opinion by or on behalf of the Company and are upon the sole discretion of the User to perform it in order to avail the Services of the Platform.

You agree that the decision of the Company is final with respect to whether a Work should be uploaded or taken down and shall not be disputed for any reason whatsoever.

The Company may from time to time amend the aforesaid categories of registration or introduce new categories of registration without any prior notice to you.

You represent and warrant that registering on the Website and availing the services thereon shall not constitute a breach of any obligation by which you are bound whether arising by contract or operation of law.

Please note that Your Username may be displayed on the Website (e.g. with your feedback, comments or content).

If you violate these Terms, we may terminate or cancel your access rights to the Website immediately without notice. We may also block your use of the Website. We reserve the right at any time to modify or discontinue the Website use or any part thereof and you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to us. No portion of this Platform is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from us, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Platform or (b) alter or modify any content on the Platform.

The content associated with the Platform and Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like and the trademarks, service marks, trade names and logos contained therein, except all Works, are owned by or licensed to casttree, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, casttree does not grant you any express or implied rights, and all rights in and to the Platform and Services of casttree are retained by casttree.

You may:

view pages from our website in a web browser;

download pages from our website for caching in a web browser;

stream audio and video files and view image files from our website;

use our website services by means of a web browser and application,

Except as expressly permitted or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

Unless you own or control the relevant rights in the material, you must not:

republish material from our website (including republication on another website);

sell, rent or sub-license material from our website;

show any material from our website in public;

exploit material from our website for a commercial purpose;

redistribute material from our website; or

take screenshots from our website

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with the User Content.

The Website does not claim ownership rights over the User Content. However, you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the User Content through the Platform Services, solely for the purpose for which such User Content was submitted or made available. This limited license exists only for so long as you elect to include User Content through the Platform Services and it will terminate at the time you remove or we remove such User Content from the Platform. You grant each user of Platform Services a non-exclusive license to access your User Content through the Platform Services, and to use, reproduce, distribute and display such User Content as permitted through the functionality of the Platform Services and under these Terms of Use. Content on the Website is meant for all audiences. You understand that you will be exposed to user material from a variety of publishers and that the Platform is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user material. You further understand and acknowledge that you may be exposed to user material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto. In order to improve the Services and make efforts to build a transparent healthy community of Users, we advise you to report any such activity to us on contact@casttree.com and we shall investigate the authenticity of the matter and act as lawfully and sincerely as possible.

In the course of the use of the Website, you hereby expressly agree and undertake that you shall not host, display, upload, comment, modify, publish, transmit, updates or share any information or material or content that:

belongs to another person and to which you do not have any right to;

is harmful, harassing, blasphemous, defamatory, obscene, indecent, pornographic, lewd, suggestive or sexually explicit, pedophilic, libelous, 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;

harms minors in any way;

infringes any patent, trademark, copyright or other proprietary or intellectual property rights;

violates any law for the time being in force;

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

impersonate another person;

cause annoyance, inconvenience or needless anxiety to any person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or disrupt any software, hardware, telecommunications, networks, servers or other equipment. You shall not act in a manner that negatively affects other Users' ability to interact with the Website;

constitute spam;

infringe any right of confidence, right of privacy or right under data protection legislation;

constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

be in contempt of any court, or in breach of any court order;

be in breach of any contractual obligation owed to any person;

depict violence in an explicit, graphic or gratuitous manner;

be untrue, false, inaccurate or misleading;

consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;

offends any religion or religious sentiments;

denigrate, ridicule or malign any famous personality.

You expressly agree not to:

Act as an agent, affiliate or representative of the Company or the casttree Services and utilize the casttree Services or User Content or Works for any commercial purpose other than for which the casttree Services is intended without our express written permission;

Access, monitor or copy any content or information of the casttree Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or

"Frame," "mirror" or otherwise incorporate any part of the casttree Services into any other website without our prior written permission;

Sale of access to the casttree Services on another website;

Use of the casttree Services for the primary purpose of gaining advertising or subscription revenue;

Sale of advertising on the casttree Services or any third-party website, targeted specific User Content or Works;

create a user name or screen name or upload to, distribute through or otherwise publish through the Website any Works which are libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationship;

upload to, distribute through or otherwise publish through the Website any Work or materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Website. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited;

use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, direct mailing or digital marketing);

use data collected from our website to contact individuals, companies or other persons or entities;

collect or store personal data about other Users;

copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Platform and / or Services other than as agreed in the Terms

post nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photographs, visuals, audio-visuals or other content on the Website;

attempt to gain unauthorized access to any portion or feature of the or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking or any other illegitimate means;

downloading, copying, redistribution, retransmission, publication or commercial exploitation of any content on the Website is permissible without the express permission of the Company.