TERMS AND CONDITIONS
THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011;
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
We are an intermediary for the purposes of the Information Technology Act, 2000 and any other law and reserve the right to take down or restrict the uploading of any Work pursuant to the applicable laws and our internal policies.
In addition to the definitions contained in this Clause, this Agreement contains further definitions as set out in the main body of the Agreement.
“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. NextOnTop HI-Tech SoftSolution incorporated as per the provisions of Companies Act, 2013;
"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 Tamilnadu ;
“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 and other users;
“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; (v) Providing the options to post auditions and apply for auditions;
"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.
2. REGISTRATION & ELIGIBILITY
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 share your password with any person;
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/ mobile app by completing and submitting the account registration form on our website/ mobile app, 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.
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).
3. LIMITED LICENSE
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.
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.
4. USER CONTENT
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.
5. PROHIBITED USE
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;
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.
6. INTELLECTUAL PROPERTY
casttree is a registered trademark and logo. You agree that all casttree’s trademarks, including trade names, service marks, logos and service names are trademarks and the property of M/s. casttree. Without our prior permission, you agree not to display or use in any manner any casttree mark. All trademarks included in the casttree Services not owned by casttree are the property of their respective owners (i.e. the Users). Nothing contained on the casttree Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark;
You acknowledge and agree that the Website and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Site.
casttree does not permit infringement of intellectual property rights through the casttree Services, we will remove all content if properly notified that such Works infringes on another's intellectual property rights and at our sole discretion.
All the Works uploaded by you is your property and the Company is not responsible for protecting Your Intellectual Property Rights;
All software used on this Website is the property of casttree or its software suppliers and protected by Indian and international copyright laws. All present and future rights in and title to the Website and/or the Service (including the right to exploit the Website and/or the Service and any portions of the Website and/or the Service over any present or future technology) are reserved to casttree for its exclusive use.
7. CONFIDENTIALITY & MAINTENANCE
The User acknowledges that pursuant to this Agreement, certain information, which is confidential and/or proprietary in nature and includes data, information or documents, whether or not explicitly designated as “confidential”, disclosed or to be disclosed (including information transmitted in written, electronic, magnetic or other form and also information transmitted orally, visually or by other means), and any and all information which may be developed or created, in whole or in part, directly or indirectly, from such information (altogether, “Confidential Information”). The User acknowledges and agrees that all Confidential Information whether disclosed orally or in writing or digitally, is the property of the Company and is valuable, special and unique to the business of the Company;
The Parties hereto reserve the rights to disclose such details of arrangement under this Agreement, if required to do so by statutory or other government authorities, as may be required under law. The User shall not, however, disclose the contents of this Agreement in any other circumstance, whatsoever, without the prior written consent of the Company; in default whereof, the Company reserves the right to terminate this Agreement, forthwith.
This Clause shall survive the termination of this Agreement.
No public announcement of the subject matter of this Agreement shall be made by the User except with the prior written approval of the Company.
8. LINKS TO THIRD PARTY SITES
11. LIMITATION TO LIABILITY
The Company (including its officers, directors, employees, representatives, affiliates, Artists, partners and providers) will not be responsible or liable for any injury, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any failure or delay (including without limitation the use of or inability to use any component of the Platform or the Services), in the provision of the Services of the Platform; or (ii) any use of the Platform or content available on the Platform, or (iii) the performance or non-performance by any third party partner or service provider, even if the Company has been advised of the possibility of damages to such parties or any other party, or; any damages to or viruses that may infect an Artist’s computer equipment or other property as the result of the User’s access to the Platform or the Artist’s downloading of any content from the Platform.
To the extent that any jurisdiction does not allow the exclusion or limitation of direct, indirect, remote, exemplary, incidental, special or consequential damages, or punitive damages, the above limitation or exclusion may not apply and in such cases, you hereby agree that our aggregate liability towards you, under any circumstances.
You acknowledge that casttree and its affiliates do not control the information available on the blogs, user profile, comments, testimonials, feedbacks and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board are those of their respective authors who are solely liable for their content.
The limitations and exclusions of liability set out in this clause and elsewhere in these terms and conditions:
are subject to Section 11.1 and
govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature;
The Company will not be liable to you in respect of any:
losses arising out of any event or events beyond our reasonable control;
business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
loss or corruption of any data, database or software;
special, indirect or consequential loss or damage; or
any unauthorized screenshot taken and saved by the User.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. PROCEDURE TO MAKE CLAIM FOR COPYRIGHT INFRINGEMENT
We respect the intellectual property of others, and we ask our Users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be second time offenders and repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your full name, address, telephone number, email address, designation and/or relation if such claim is made on behalf of a rightful owner;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
13. ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this Agreement.
We may provide you with notices, including those regarding changes to these Terms, by e-mail, regular mail, or postings on the Website. Any use of the Website or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Website and the Services. With respect to our notices to you, we may provide notice of amendments by posting them in the Website and you agree to check for changes. Instead or in addition, we may give notice by sending email to the email address you provide during registration which shall be deemed to be considered agreed upon by you within 30 days of the sending of such email to you or your continued use by you of the Website or Services, whichever is earlier. In an event, if your disagree or do not wish to approve any of the amendments carried out on the Website or in context of the Services, then it is advised for you to discontinue accessing and availing the Website and Services forthwith.
This website is owned and operated under the name of www.casttree.com. The Company is registered in the territory of India as per the provisions of Indian Partnership Act, 1932, and all notices shall be addressed to the email firstname.lastname@example.org or the place of business A-509, Titanium City Centre Business Park, 100 ft. Ring Road, Satellite, Ahmedabad-380015 and addressed as Attn to:Vishwas Daswani,COO,casttree.
You can contact us:
by post, using the postal address mentioned above;
using our website contact form;
by telephone, on the contact number published on our website from time to time; or
by email email@example.com
18. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us and govern your use of the Website and the Services, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
19. DISPUTE RESOLUTION
You agree that any controversy arising out of or in connection with our relationship or a dispute with reference to these Terms, their validity or effect will be governed by the laws of India without regard to conflicts of laws provisions thereof. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions of Clause 20 mentioned hereunder. The arbitrator's decision will be controlled by these Terms. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys' fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance.
This Agreement is governed by the laws of India. The competent courts of Ahmedabad shall have jurisdiction in respect of any matter or dispute connected with this Agreement. Any dispute or difference between the Parties arising out of, from or relating to anything contained in this Agreement, shall be referred to and resolved by binding arbitration as per the provisions of the Indian Arbitration and Conciliation Act, 1996. There shall be one arbitrator appointed in accordance with those provisions. The seat and venue of arbitration shall be in Ahmedabad and the arbitration proceedings shall be conducted in English. The award of the arbitrator shall be final and conclusive and binding upon the Parties and non-appealable to the extent permitted by applicable law. The Parties shall equally share the costs of the fees of the arbitrator, but shall independently bear the costs of their own legal counsel engaged for the purpose of the arbitration.
The User’s relationship with the Company is one of independent contractors, and nothing in this Agreement will be construed as creating a partnership, agency or employment relationship or franchiser-franchisee relationship is intended or created by this Agreement between the Parties.
22. DISCLAIMERS OF WARRANTIES
THE SITE AND RELATED APPLICATIONS, MATERIALS AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. IN ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, Platform Users of the Company Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.
The Company makes no warranty, and expressly disclaims any obligation, that:
the content on the Platform is up-to-date, complete, comprehensive, accurate or applicable to the User’s circumstances;
the Platform will meet any Artist’s requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
the Company is or is in connection with a casting agency, independent casting agent/s, event manager/s, casting coordinator/s or agent/s or any such other intermediaries who are generally in search of and responsible for searching of talents and artists;
the results that may be obtained from the use of the Platform or Services offered through the Platform will be accurate or reliable; or
about the accuracy of any descriptions, qualifications, abilities, performance or other attributes provided by any Artist or any representation about the accuracy of any descriptions, offers, opportunities offered by the Client
providing any job opportunities to Artists or offering any recruitment to the Client
The Platform content may contain inaccuracies and typographical errors. The Company does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, statement, memorandum or other information displayed or distributed through the Platform.
The Company may in the future, tie up with various other third parties for the provision of Services.
You are hereby advised to make all independent investigations that you may deem necessary prior to availing any services on the Website. Without limiting the generality of the foregoing, Users are advised to conduct appropriate independent diligence of the relevant Clients/Artists, as the case may be, before applying for any opportunities or getting into any engagements.
The Company reserves the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
The Company do not pre-screen any Works posted by you or other users, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Works if found in contravention to any of the terms as mentioned under this Agreement. Without limiting any of our rights, we and our designees shall have the right to remove any Works that violate the Terms or are otherwise objectionable, as well as terminate your access to the Services. You agree that we have no liability or responsibility for the storage or deletion of any Works that you or any other persons submit or post. We reserve the right to change these general practices and limits at any time in our sole discretion.
The Company does not control the Content and/or Works posted through the casttree Services and, as such, do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the Services are not necessarily those of casttree or its owner, content providers, advertisers, sponsors, affiliated or related entities.
23. USER REPRESENTATIONS & WARRANTIES
YOU REPRESENT, WARRANT AND COVENANT THAT:
YOU ARE FREE TO ENTER INTO THIS AGREEMENT AND THAT THIS AGREEMENT CONSTITUTES VALID, LEGALLY BINDING AND ENFORCEABLE OBLIGATIONS OF THE ARTIST;
YOU ARE THE SOLE, ABSOLUTE, UNENCUMBERED LEGAL AND BENEFICIAL OWNER OF THE WORKS AS UPLOADED ON YOUR ACCOUNT. THE WORKS AS UPLOADED BY YOU ARE NOT UNDER ANY OPPOSITION, LITIGATION OR ANY DISPUTE OF ANY NATURE WHATSOEVER.
IN RENDERING PERFORMANCE IN PURSUANCE OF THIS AGREEMENT, YOU SHALL NOT (I) INFRINGE THE COPYRIGHT, TRADEMARK OR ANY OTHER RIGHT OF ANY THIRD PARTY, (II) USE ANY OBSCENE LANGUAGE / GESTURES OR MAKE DEFAMATORY AND/OR DEROGATORY STATEMENT CONCERNING INTER ALIA ANY EVENT AND / OR ANY PERSON DECEASED OR ALIVE, WHICH COULD EXPOSE THE COMPANY TO CIVIL AND / OR CRIMINAL PROCEEDINGS OR BRING DISREPUTE OR HARM TO THEIR NAME AND / OR GOODWILL;
YOU SHALL NOT, AT ANY TIME DURING THE TERM OF THIS AGREEMENT, DO ANY ACT WHICH MAY BRING THE CLIENT OR THE COMPANY, INTO PUBLIC DISREPUTE, OR OFFEND ANY COMMUNITY OR PUBLIC MORALS;
YOU SHALL NOT, AT ANY TIME, USE THE COMPANY’S LOGOS OR TRADEMARKS, IN CONNECTION WITH ANY KIND OF ADVERTISING, PROMOTION, PUBLICITY, MERCHANDISE, TIE-IN, PRODUCT OR SERVICE OR OTHERWISE WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY WHICH THE COMPANY SHALL NOT WITHHOLD MINDLESSLY;
YOU UNDERTAKE TO KEEP THE COMPANY INFORMED OF YOUR TELEPHONE NUMBER, EMAIL ADDRESS AT ALL TIMES DURING THE TERM OF THIS AGREEMENT;
YOU SHALL NOT INDULGE IN ANY ACT(S), WHICH ARE OUTSIDE THE PARAMETERS OF ANY LAWS WHICH MAY BE IN FORCE IN INDIA, INCLUDING BUT NOT LIMITED TO, THE INDIAN PENAL CODE, 1860, THE MOTOR VEHICLES ACT, 1988 AND THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985;
YOU SHALL NOT UPLOAD ANY CONTENT ON THE PLATFORM WHICH IS IN VIOLATION OF THE LAWS IN INDIA INCLUDING, BUT NOT LIMITED TO, THE INDIAN PENAL CODE, 1980, THE INFORMATION TECHNOLOGY ACT, 2000, THE COPYRIGHTS ACT, 1957, TRADEMARKS ACT 1999 OR ANY ANALOGOUS LAW ANYWHERE IN THE WORLD THAT MAYBE APPLICABLE;
THE USER AGREES AND ALLOWS TO DISPLAY OR PUBLISH HIS USERNAME, USER PROFILE TITLE AND LOCATION WITH THE CONTENT THAT HE POSTS ON THE WEBSITE UNDER THOSE SECTIONS WHICH ARE CONSTITUTED FOR BLOG, TESTIMONIALS, FEEDBACK OR ANY SUCH CONTENT;
IN THE EVENT THAT ANY ARTIST IS ENGAGED BY ANY CLIENT USING THE SERVICES ON THE WEBSITE, SUCH ENGAGEMENT SHALL BE BETWEEN THE ARTIST AND THE CLIENT DIRECTLY. YOU AGREE AND UNDERSTAND THAT THE COMPANY IS NOT A PARTY TO AND IS NOT PRIVY TO ANY EXPRESS OR IMPLIED CONTRACT BETWEEN THE ARTIST AND THE CLIENT.
YOU YOURSELF SHALL CONTROL THE PRIVACY ACCOUNT SETTINGS OF YOUR USER PROFILE AND ALSO MANAGE IF YOU WISHED TO BE CALLED OR CONTACTED BY ANY CLIENT THROUGH THE CLICK2CALL FEATURE AVAILABLE WITH THE CLIENT;
IN THE EVENT OF ANY COMMUNICATION OR EXCHANGE OF INFORMATION BETWEEN THE USERS ON THE PLATFORM, OR ANY TRANSACTION/S, RELATIONSHIP/S, ENGAGEMENT/S, DEALING/S, VERBAL/ORAL AGREEMENT/S CULMINATING BETWEEN THE USERS, THEN THE USER/S THEMSELVES SHALL BE LIABLE FOR THE CONSEQUENCES OF THE SAME;
IF YOU PROMOTE A CONTEST, SWEEPSTAKES OR GIVEAWAY ON THE PLATFORM WITHOUT OUR EXPRESS, ADVANCED APPROVAL, YOU DO SO AT YOUR RISK AND YOU ASSUME ALL RISK AND LIABILITY. YOU FURTHER AGREE TO HOLD THE COMPANY HARMLESS FROM ANY CLAIM, DEMAND OR DAMAGES;
THE ARTISTS AGREES THAT HE/SHE HAS READ THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAS AGREED TO ABIDE BY THE SAME BY HIS/HER OWN FREE WILL AND CONSENT;
YOU UNDERSTAND, AND AGREE THAT COMPANY IS NOT, WILL NOT BE, AND WILL NOT IN ANY WAY BE CONSTRUED TO BE A PARTY TO ANY CONTRACT OR AGREEMENT BETWEEN ANY USERS OF THIS WEBSITE REGARDING THE PROVISIONS OF SERVICES AT ANY EVENT OR ENGAGEMENT;
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
25. FORCE MAJEURE
Force Majeure Event includes fire, earthquake, flood, epidemic, strike, lockout, labor controversy, riot, civil disturbance, war, civil commotion, acts of God, failure or delay of any transportation agency, laboratory, or any other furnisher of essential supplies, equipment, or other facilities, omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government, or other regulatory authority acts which are beyond the control of any Party, or any other reasons which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence.
26. LEGAL DISCLAIMER
27. REPORT ABUSE
As per these Terms, the User is solely responsible for every material or content uploaded on to the Website/App. The User can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org
Where the User posts any review, submission, feedback or comment or any statement of such nature on the related link on its User Profile, such content shall be posted publicly on the Website on the sole discretion of the Company and shall not be subject to any alteration or modification or moderation by the Company or its members and the User has no discretion or authority or right to compel the Company for publication of such content so posted by him on his User profile. The User agrees to display or publish his Username, User profile title and location with the content that he posts on the Website under such related link.
You cannot assign or otherwise transfer this Agreement, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. The Company’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by the Company to any third parties without the requirement of seeking your prior consent. The Company may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement.
30. CONTACT US
In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of casttree for the purpose of this Agreement shall be:email@example.com
For any queries please contact us at firstname.lastname@example.org