TERMS OF USE FOR
USE OF WEBSITE FOR ONLINE SUBMISSION
YOU UNDERSTAND AND AGREE THAT YOU THE UPLOADER AT YOUR OWN DISCRETION
AND RISK SHALL BE SOLELY RESPONSIBLE FOR YOUR AUTHORIZED CONTENT, AND FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF
THE UPLOADER.
1. Your Acceptance
This
is an agreement between you and STAR India Private Limited (the
"Company") stating the terms and conditions that govern your visit to
and use of the website www.starplus.in by using and/or
visiting this website www.starplus.in (collectively,
including all content available through www.starplus.in domain name, the
"Website"), you signify your assent to these terms and conditions
(the "Terms of Use"). You must accept and abide by these terms of use
as presented to you. If you do not agree to any of these terms of use, then
please do not use the Website.
2. Online Form/ Application
These
Terms of Use apply to all users of the Website, including users who upload
their literary work (“Story”) on the Website.
3. Website
Access
A.
The Website, inter alia, allows you to upload your
Story.
B.
You can access the Website directly in the domain name www.starplus.in
C.
You can upload your Story on the Website via ( “word” format only i.e. .doc, .docx format only).
E.
The Company hereby grants you permission to use the Website as set forth in
this Terms of Use, provided that: (i) your use of the Website as permitted is
solely for your personal, noncommercial use; (ii) you will not copy or
distribute any part of the Website in any medium without the Company's prior
written authorization; and (iii) you will otherwise comply with the terms and conditions
of these Terms of Use.
4. Intellectual Property Rights
The
content on the Website, including
without limitation, the text, software, scripts, graphics, photos, sounds,
music, videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), all
User Submissions (as defined below), are owned by the Company. Content on the
Website is provided to you AS IS for your information and personal use only and
may not be used, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. You
agree not to engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or
distribution of User Submissions of third parties obtained through the Website
for any purposes whatsoever. You agree not to circumvent, disable or otherwise
interfere with security related features of the Website or features that
prevent or restrict use or copying of any Content or enforce limitations on use
of the Website or the Content therein.
5. User
Submissions
A.
The Website may now or in the future permit, the hosting, sharing, and/or
publishing of the Story submitted by you and/ or other users ("User
Submissions"). You understand that whether or not such User Submissions
are published, the Company does not guarantee any confidentiality with respect
to any submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User
Submissions, you affirm, represent, and/or warrant that: (i) you own or have
the necessary licenses, rights, consents, and permissions to use and authorize
the Company to use all copyright, patent, trademark, trade secret, or other
proprietary rights in and to any and all User Submissions to enable inclusion
and use of the User Submissions in the manner contemplated by the Website and
these Terms of Use; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person, if any, in the
User Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Use. For the sake of
clarity, by submitting (on submission) the User Submissions to the Website, you
hereby assign all rights in any form of intellectual property in the User
Submissions including all rights of Exploitation, to the Company to use,
reproduce, distribute, prepare derivative works of, display, and perform the
User Submissions in connection with the Website and the Company's (and its
successor's) business, including without limitation for promoting and
redistributing part or all of the Website (and derivative works thereof) in any
media formats and through any media channels, worldwide and in perpetuity. You
agree that the provisions of Section 19(4) of the Indian Copyright Act, 1957
shall not apply to any assignment made hereunder. For the sake of clarity, You
acknowledge that the Company shall by virtue of being the assignee of all
rights, title and interest in the User Submissions shall have the right to use
the same as it deems fit including by incorporation thereof in any program
including but not limited to Lakhon Mein Ek. You hereby waive any form of moral rights subsisting in
your favor on account of being the author of the User Submissions. For the
purpose of this Terms of Use, the term ‘Exploitation’ shall mean the
utilization of the User Submissions or any right, title and interest in the
User Submissions, in any form including by incorporation of the User
Submissions in a cinematographic film or as may be decided by Company in its
sole discretion and shall include, in relation to the User Submissions, the
making of a Cinematograph Film or Sound Recording, Communication to the Public,
Broadcast, Performance in Public, adaptation, reprography, reproduction,
distribution, sale, commercial rental, assignment, licensing, merchandising,
remakes, sequels, prequels, versions, translations, including but not limited
to the broadcasting thereof by radio, internet, mobile and any and all form of
television including but not limited to terrestrial, satellite, direct to home,
cable, IPTV, any form of video on demand (including but not limited to
Pay-per-View, NVOD, SVOD, PVOD, FVOD) made available for being seen or heard or
delivered or exploited through wire or wireless including but not limited to
internet, websites including but not limited to social networking websites,
blogs, internet or mobile streaming or download services (whether free, pay or
subscription based), interactive services, computing & networking devices,
mobile /telecommunication system based platforms, mobile TV, theatrical or
non-theatrical or any other means whether now known or existing or in
commercial use or hereinafter invented or developed in the future. To the
extent that the assignment of any rights, title and interest in the User
Submissions in relation to future medium or mode of exploitation of User
Submissions is not held valid by operation of law, notwithstanding the
assignment of such rights in favor of the Company , you hereby also grants an
irrevocable, exclusive, sub-licensable, perpetual license to the Company for
such future medium or mode of exploitation as may be developed in the future,
for the entire world, in consideration of the Company agreeing to analyze and
review the User Submissions, receipt and sufficiency of which is hereby
acknowledged by you. Notwithstanding the above, You hereby agree that you shall
not assign or in any other manner transfer any rights in the User Submissions
for such forms of exploitation of the User Submissions, which are not mentioned
herein and are not presently known or in commercial use and therefore by
operation of law are not deemed to have been assigned to the Company and
undertake to offer for assignment of such forms of exploitation of User
Submissions for the entire world and perpetuity to the Company (‘Offer’). You
agree and acknowledge that any form of assignment or transfer of any rights,
title and interest in any form of exploitation of the User Submissions, as
contemplated hereinabove as part of the Offer to any third party in breach of your
obligation herein, shall be null and void.
C. In
connection with User Submissions, you further agree and undertake that you
shall not, host, display, upload, modify,
publish, transmit, update or share any information that: (i) submit material
that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights; (ii) publish falsehoods or misrepresentations
that could damage the Company or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive or offends any religions or
communities, or encourages superstition or blind belief or is likely to incite
violence or encourages conduct that would be considered a criminal offence,
give rise to civil liability, violate any law and regulations or is otherwise
inappropriate; (iv) post advertisements or solicitations of business: (v)
impersonate another person; (vi) is grossly harmful, harassing, blasphemous
defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever (vii) harm
minors in any way (viii) infringes any patent, trademark, copyright or other
proprietary rights;(ix) violates any law for the time being in force; (x)
deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature; (xi) contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer resource; (xii) threatens the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the
commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation. For avoidance of
doubt, you agree that Star has the right to remove any such material which may
not be in consonance with applicable law.
D.
The Company does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and the Company expressly
disclaims any and all liability in connection with User Submissions. The
Company does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and the Company will ,remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. The Company
reserves the right to remove Content and User Submissions without prior notice.
The Company will also terminate a User's access to its Website, if they are
determined to be an infringer. The Company also reserves the right to decide whether
Content or a User Submission is appropriate and complies with these Terms of
Use for violations other than copyright infringement and violations of
intellectual property law, such as, but not limited to, pornography, obscene or
defamatory material, or excessive length. The Company may remove such User
Submissions at any time, without prior notice and at its sole discretion.
E. You understand that when using the Website, you will be exposed to User
Submissions from a variety of sources, and that the Company is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are 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, and agree to indemnify and hold the Company, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your or access to or use of the
Website.
F.
Notice and Procedure for making Claims of Copyright Infringement
The
Company has adopted the following policy towards copyright infringements:
The Company will block access to and/or remove any material that it believes in
good faith to be copyrighted material that has been illegally copied and
submitted to the Website.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide the Company written information
specified below. Please note that this procedure is exclusively for notifying
the Company that your copyrighted material has been infringed.
(i)
Physical signature of the owner of the copyright or the person authorized to
act on behalf of the owner of the copyright;
(ii)
A description of the copyrighted work that you claim has been infringed upon;
(iii)
A description of where the material that you claim is infringing is located on
the Website;
(iv)
Your address, telephone number, and e-mail address;
(v) A
statement by you that to the best of your knowledge and belief, the use of the
copyrighted material that you claim to have been infringed has not been
authorized by the copyright owner, its agent, you or the law; and
(vi) A statement by you, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on behalf of the
copyright owner of the infringed material.
The
notice of any claim for copyright infringement should be sent to the Company at
the following address:
Star India Private
Limited
Star House
Off Dr. E. Moses
Road
Mahalaxmi
Mumbai- 400 011,
India
6.
Warranty Disclaimer
You
agree that your use of the Website shall be at your sole risk. To the fullest
extent permitted by law, the company including its affiliates, and each of
their respective officers, directors, employees, and agents disclaim all
warranties, express or implied, in connection with the Website and your use
thereof. The company makes no warranties or representations about the accuracy
or completeness of content of this Website or the content of any websites
linked to this Website and assumes no liability or responsibility for any (i)
errors, mistakes, or inaccuracies of Content, (ii) personal injury or property
damage, of any nature whatsoever, resulting from your access to and use of the
Website, (iii) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our Website, (iv)
any bugs, viruses, trojan horses, or the like which
may be transmitted to or through our website by any third party, and/or (v) any
errors or omissions in any content or for any loss or damage of any kind
incurred as a result of the use of any content posted, transmitted, or
otherwise made available via the Website.
7.
Limitation of Liability
In no
event shall the Company, its officers, directors, employees, or agents, be
liable to you for any direct, indirect, incidental, special, punitive, or
consequential damages whatsoever resulting from any (i) errors, mistakes, or
inaccuracies of Content, (ii) personal injury or property damage, of any nature
whatsoever, resulting from your access to and use of our Website, (iii) any
unauthorized access to or use of our secure servers and/or any and all personal
information and/or financial information stored therein, (iv) any interruption
or cessation of transmission to or from our Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or
through our Website by any third party, and/or (v) any errors or omissions in
any content or for any loss or damage of any kind incurred as a result of your
use of any content posted, transmitted, or otherwise made available via the
website, whether based on warranty, contract, tort, or any other legal theory,
and whether or not the company is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent
permitted by law in the applicable jurisdiction.
You
specifically acknowledge that the company shall not be liable for User
Submissions or the defamatory, offensive, or illegal conduct of any third party
and that the risk of harm or damage from the foregoing rests entirely with you.
The
Website is controlled and offered by the Company from its facilities in India
and the Company makes no representations that the Website is appropriate or
available for use in other locations. Those who access or use the Website from
other jurisdictions do so at their own volition and are responsible for
compliance with local law.
8. Indemnity
You
agree to defend, indemnify and hold harmless the Company, its affiliates and
their respective officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from: (i)
your use of and access to the Website; (ii) your violation of any term of these
Terms of Use (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that
any of your User Submissions caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Use and your use of the
Website.
9.
Ability to Accept Terms of Use
You
affirm that you are either 18 years or more of age and have read and understood
the entire content of the terms and conditions and accept the same. You are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Use,
and to abide by and comply with these Terms of Use.
10.
Assignment
These
Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by the Company without
restriction.
11. General
You
agree that: (i) the Website shall be deemed solely based in Mumbai; and (ii)
the Website shall be deemed a passive website that does not give rise to
personal jurisdiction over the Company, either specific or general, in
jurisdictions other than Mumbai. These Terms of Use shall be governed and
construed in accordance with the laws of India. Any claim or dispute between
you and the Company that arises in whole or in part from the Website shall be
decided exclusively by a court of competent jurisdiction located in Mumbai. These
Terms of Use, together with any other legal notices published by the Company on
the Website or on its website domain namewww.starplus.in
,
shall constitute the entire agreement between you and the Company concerning the
Website. If any provision of these Terms of Use is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of these Terms of Use, which shall remain
in full force and effect. No waiver of any term of this these Terms of Use
shall be deemed a further or continuing waiver of such term or any other term,
and the Company's failure to assert any right or provision under these Terms of
Use shall not constitute a waiver of such right or provision. The Company
reserves the right to amend these Terms of Use at any time and without notice,
and it is your responsibility to review these Terms of Use for any changes.
Your use of the Website following any amendment of these Terms of Use will
signify your assent to and acceptance of its revised terms.