LAST REVISION: 1st March 2019
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR REGISTERING YOURSELF OR YOUR TEAM AS PARTICIPANT FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.filmagicreators.com (the “Website”), Filmagic Creators Private Limited (“Business Name”) offer of registering yourself or your team as participant on this Website for the contests. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Filmagic Creators Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any change or a revised Agreement on this Website. Filmagic Creators Private Limited will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Filmagic Creators Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms and conditions of any other written agreement you may have or will have with Filmagic Creators Private Limited for the participation in the GOCO Contests. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Terms of Offer: This Website offers you to register yourself or your team as participant (the “Products”). By registering yourself or your team as participant through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Filmagic Creators Private Limited support team, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Filmagic Creators Private Limited and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: email@example.com 3. You may send a written remove request to Filmagic Creators Private Limited, B – 505, Regency Apartment, Charkop Real Friends CHS Sector – 3, Kandivli West, Mumbai – 400067 Maharashtra India.
Proprietary Rights: FIlmagic Creators Private Limited has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product conceived by Filmagic Creators Private Limited. Filmagic Creators Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Content, Intellectual Property, Third Party Links: In addition to participating in our contests, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about the contests. Filmagic Creators Private Limited does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Filmagic Creators Private Limited does create the content on this Website. Such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. Any links to third-party websites are provided solely as a convenience to you. Filmagic Creators Private Limited does not endorse the contents on any such third-party websites. Filmagic Creators Private Limited is not responsible for the content or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: Filmagic Creators Private Limited is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Website
License: By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without having written authorization from Filmagic Creators Private Limited or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Filmagic Creators Private Limited a perpetual, worldwide, non-exclusive, royaltyfree, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Filmagic Creators Private Limited does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Filmagic Creators Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. Filmagic Creators Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Filmagic Creators Private Limited deems objectionable, in it’s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PARTICIPATION IN THE CONTESTS ARE AT YOUR SOLE DECISION. THE WEBSITE AND CONTESTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FILMAGIC CREATORS PRIVATE LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE PARTICIPATION IN AUDITIONS OR CONTESTS OR OTHER TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FILMAGIC CREATORS PRIVATE LIMITED MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
FILMAGIC CREATORS PRIVATE LIMITED ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR THE PARTICIPATION VIA WEBSITE. FILMAGIC CREATORS PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR PARTICIPATION IN THE CONTESTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT; (2) THE COST OF PROCURING SUBSTITUTE CONTENT; (3) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Filmagic Creators Private Limited and any of its agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any provision of this Agreement; or (5) any information or data you supplied to Filmagic Creators Private Limited. When Filmagic Creators Private Limited is threatened with suit or sued by a third party, Filmagic Creators Private Limited may seek written assurances from you concerning your promise to indemnify Filmagic Creators Private Limited; your failure to provide such assurances may be considered by Filmagic Creators Private Limited to be a material breach of this Agreement. Filmagic Creators Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Filmagic Creators Private Limited choice at its expense. Filmagic Creators Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Filmagic Creators Private Limited against any claim, but you must receive Filmagic Creators Private Limited’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Filmagic Creators Private Limited believes strongly in protecting user privacy. Through your Use of the Website and Services, You may provide us with certain information. By using the Website, you authorize us to use your information in India and any other country where we operate.
- a) Information: We may receive, when you register with us, you provide us with a valid email address and may provide us with additional information, such as your name, contact details or address. We may also receive information from external applications you use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- b) How we use information: We use the information gathered from you to ensure your continued good experience on Our Website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third party providers.
- c) How you can protect your information: If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address and contact details. If you choose to terminate your registration process, we may still have information about you.
VI. AGREEMENT TO BE BOUND
By using this Website or registering yourself or your team as participant, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: Filmagic Creators Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Filmagic Creators Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and its contests.
Entire Agreement: This Agreement comprises the entire agreement between you and Filmagic Creators Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Filmagic Creators Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
Governing Law of India: This Website originates from the Mumbai, Maharashtra. This Agreement will be governed by the laws of the State of Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor Filmagic Creators Private Limited will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or registering yourself or your team as participant, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Contests or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: Filmagic Creators Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Filmagic Creators Private Limited may, in its sole discretion and without advance notice to you, cancel any registration done by you for any contest. If your access to the Website is terminated, Filmagic Creators Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Filmagic Creators Private Limited chooses, in its sole discretion and without advance to you, to terminate it.
BY USING THIS WEBSITE OR REGISTERING YOURSELF OR YOUR TEAM FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.