TERMS & CONDITIONS
TERMS AND CONDITIONS OF USER
Call Bollywood (“Company”) owns and operates the Website known as www…………… (and affiliate Websites, www…………….,) (collectively and individually hereinafter referred to as the “Website”) for sake of brevity.
These Website standard terns and condition (these “Terms” or “Website Standard Terms and Conditions” contained herein on this webpage, shall govern your use of the Website, including all pages within this Website (collectively referred to herein below as this Website). These terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and condition contained herein in full. You must not use this Website, if you have any objection to any of these Website standard terms and conditions. The words “you” and “user” as used herein refer to all individuals and/or entities accessing this web site for any reason.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
NATURE OF THE WEBSITE
1.1 The Website intends to act as a platform to connect (i) artists seeking job opportunities, by allowing such artists to showcase their talent; and (ii) persons interested in engaging the services of such artists.
1.2 The artists seeking job opportunities are hereinafter referred to as “Talent(s)”. The various categories of Talents that may seek job opportunities on the Website are provided in ‘Talents’ Menu of Website. The Company may change such categories at its sole discretion without any prior notice.
1.3 The persons interested in engaging the services of the talent are hereinafter referred to as “Opportunity Providers”
1.4 The Website is a social networking Website that allows individuals and entities engaged in the entertainment industry to build relationships by interacting with each other. The Website is also an online market place where Talents and Opportunity Provider may source and seek mutually beneficial job opportunities.
1.5 Nothing contained on the Website should be construed as providing a guarantee or assurance to Talents that they would necessarily secure an opportunity or that the Opportunity Providers will necessarily be able to find Talents.
ELIGIBILITY TO USE THE WEBSITE
2.1 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 Website. This site is intended for persons aged 18 or over and Company reserves the right to de-register any person under the age of 18. It is clarified that where any Talent is below the age of 18 (including but not limited to a child artist), the Website must be accessed and used only by such Talent’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 Website. 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 Website on behalf of the minor must be done only by the legal guardian registering on behalf of the minor.
In the event that, any individual proposes to showcase the talent of its pet animal on the Website, the owner/manager of such pet shall be bound by the provisions of these Terms and Conditions. You agree and undertake that your access of the Website or the utilization of the facilities provided on the Website does not in any manner contravene the local laws or regulations of the territory from which you access the Website or the facilities provided thereunder
2.2 Notwithstanding anything contained herein, the Company hereby reserves the right to deny access to the Website or any part thereof to any person, without assigning any reason therefore.
2.3 Nothing contained on this Website shall be construed as providing consult or advice to you.
3.1 For accessing and using the services on the Website, it is mandatory to register an account with the Website. In this regard, you agree and undertake :
(a) To provide true, accurate, current and complete information about yourself (and the Talent, in case the Talent is different from the user) in all aspects as may be prompted by the Website’s registration form (such information being the “Registration Data”).
(b) To main and promptly update the Registration Data to keep it true, accurate, current and complete.
(c) You will not create more than one account.
(d) If the Company disables or suspends your account, you shall not create another one without our permission.
(e) You shall not share your password with any person.
(f) You shall not assign, transfer or otherwise permit any other person to operate your account.
(g) You shall not manipulate the system, use any unfair means; solicit discriminatory help and favours to get a bias towards your Call Bollywood profile in any way.
(h) You shall not resort to any sort of impersonation, unrealistic, intrusive, abnormal and stalking or any such behavior on Call Bollywood or its internet/electronic site that may raise concerns of any sort with Call Bollywood or with any other user, visitor and subscriber of Call Bollywood or its sister concern or subsidiary as decided by the company from time to time .
3.2 In relation to Talents or Opportunity Providers that act as a group, any one of such persons may register himself for and on behalf of the group. Only such person who registers on behalf of the group shall be permitted to access such account. There shall be only one account for such a group.
3.3 Registration for Talents: Talents may register under any one of the following categories: (i) Regular; (ii) Professional; and (iii) Premium. The benefits available for each of the categories are provided here [Note: Please include a link that would provide benefits in a comparative tabular form]. Registration under Professional and Premium categories are paid services. Please refer to our payment terms provided in Clause 8 below. All payments are non refundable.
3.4 Registration for Opportunity Providers: Opportunity Providers may register under any one of the following categories: (i) Regular; and (ii) Premium. The benefits available for each of the categories are provided here [Note: Please include a link that would provide benefits in a comparative tabular form]. Registration under Premium category is a paid service. Please refer to our payment terms provided in Clause 8 below. All payments are non refundable.
3.5 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. Further, the Company may from time to time amend the pricing plans for any such categories without any notice to you.
3.6 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.
3.7 You agree and acknowledge that the Company may delete or suspend your account in the event that you violate any of the Terms and Conditions or applicable law.
RESTRICTION OF YOUR USE OF THE WEBSITE
4.1 You shall use the Website strictly in accordance with these Terms and Conditions. Without limiting the generality of the foregoing, you agree that you are expressly and emphatically agree that you shall not use the Website for any illegal or unauthorized purpose.
4.2 You agree and undertake that all information, material or content that you shall post on the Website, including but not limited to any personal details, qualifications and experience, shall be accurate and not misleading and derogatory to anyone.
4.3 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, update or share any information or material or content that:
(a) may be legally actionable for any reason and/or belongs to another person and to which you do not have any right to;
(b) espouses indecent or incites bigotry, hatred, terrorism racism, blasphemous, defamatory, obscene, pornographic, discriminatory, paedophilic, libelous, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary or intellectual property rights;
(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) imposter/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) Threaten 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 prevent investigation of any offence or is insulting any other nation;
(j) offends any religion or religious sentiments;
(k) denigrate, ridicule or malign any famous personality.
You acknowledge that above has been included in specific compliance of Rule (2) of the Information Technology (Intermediaries guidelines) Rules, 2011. Accordingly, any violation of above shall not only be a breach of these Terms and Conditions but may also be a violation of applicable law.
4.4 You shall not post nude, partially nude, vulgar, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photographs, visuals, audio-visuals or other content on the Website.
4.5 No user shall advertise or solicit sexual services.
4.6 You shall not any time indulge in any spamming. You agree not to use or reference the Website for chain letters, junk text, notifications, alerts, or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
4.7 You understand and acknowledge that you may be exposed to content on the Website that is inaccurate, offensive, indecent, or objectionable inspite of the fact that the publication of such content/material on the Website is prohibited. The Company does not take any responsibility for the unauthorized publication of such content by any user and disclaims all liability in regard thereto.
4.8 The Website may permit you to post profiles, opinions, comments, messages and other communications as well as upload files, including images, videos, sound recordings and other content (collectively, “user Content”) in consonance with the law of land. You understand and agree that user Content is public. Any person may read your user Content without your knowledge. Please do not include any personal information (such as phone numbers, postal addresses, email addresses or similar contact information) in your user Content. The Company is not responsible for the use or disclosure of any personal information that you disclose in your user Content.
4.9 The Company shall have the right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the user Content, at any time, for any reason, including to determine compliance with these Terms and Conditions, as well as to satisfy any applicable law, regulation or authorized government request. Any decision of the Company in this regard shall be final and binding on the users.
4.12 You shall not attempt to gain unauthorized access to any portion or feature of the Website, 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.
4.13 The company may, but is not required to your compliance or the compliance of other subscriber with the terms, condition or policies of this agreement/user policy.
DISCLAIMERS OR WARRANTIES
This Website is provided “as is” with all faults and Call Bollywood makes no express or implied representation or warranties, of any kind related to this Website or the materials contained on this Website. Additionally nothing contained on this Website shall be construed as providing consult or advice to you and makes no representation or warranties in relation to this website or the information and material provided on this website.
5.1 You agree, acknowledge and understand that the Company is merely acting as an intermediary between the Talents and Opportunity Providers, and is not itself providing any job opportunities to Talents or offering any Talent for recruitment to Opportunity Providers.
5.2 The Company does not make any representation about the accuracy of any descriptions, qualifications, abilities, performance or other attributes provided by any Talent. Similarly, the Company does not make any representation about the accuracy of any descriptions, offers, opportunities offered by the Opportunity Providers.
5.3 Nothing contained on the Website should be construed as providing a guarantee or assurance to Talents that they would necessarily secure an opportunity or that the opportunity that may be obtained would meet the requirement of the Talent or that the Opportunity Providers will necessarily be able to find Talents or that the Talent whose services are acquired or retained would meet the requirements of the Opportunity Providers.
5.4 The Company expressly disclaims any and all liabilities, costs, claims, damages or injuries suffered by you due to your use of any services on the Website.
5.5 The selection, coordination, arrangement of the Website, including but not limited to the manner in which the profiles of Talents or opportunities may appear, shall be at the sole discretion of the Company.
5.6 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 generally of the foregoing, Talents are advised to conduct appropriate independent diligence of the relevant Opportunity Providers before applying for any opportunities. Similarly, Opportunity Providers are advised to conduct independent diligence of the relevant Talents before contacting them.
5.7 You expressly acknowledge and agree that use of the Website is at your sole risk. To the maximum extent permitted by applicable law, the Website and any services performed or