TERMS OF USE – BHASHA CENTRE FOR PERFORMING ARTS

Background

 

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of [insert name of website] (“Platform”)

 

The Platform is owned, registered and operated by Bhasha Centre for Performing Arts ("Company"), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at #101, Silverdale, 5 Hutchins Road Cooke Town, Bengaluru, Karnataka 560006.

 

These terms of usage (“Terms of Use”) govern Your use of the Platform and Services (as defined below) provided through the Platform. By using or visiting the Platform, or by using any content or information provided as part of the Platform/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

 

For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or “Member” or “Subscriber” or “User” shall mean any natural or legal person who uses the Platform. The term “We”, “Us”, “Our” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.

 

We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Platform and Your continued use of the Platform, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Platform.

 

Any Member who uses or accesses the Platform represents to be competent to contract; and the Company, represents and warrants that it has the authority to bind itself to the Terms of Use.

 

Services

 

Our Platform allows You to view, upload and share films, documentaries and other video content, Browse through the library of play scripts, along with the attendant directory of playwrights and their biographies accessible to the Platform’s Subscribers, and acts as a distribution platform for original content creators, subject to Your compliance with and acceptance of these Terms of Use (“Services”). You must be 18 years of age, or the age of majority in Your province, territory or country (“Majority Age”), to become a member of the Services. Minors may only use the Services under the supervision of an adult. In the event you are below the Majority Age, then you shall ensure that you have obtained the consent of your parent/legal guardian to access the Services and such parent/legal guardian shall bear all liability for your actions.

 

For the purposes of these Terms of Use,

all forms of text (plays, biographies, directories of names and plays) video, photographs, comments, feedback, films, documentaries, and all original assets belonging to the Platform and other video content uploaded;

 

any natural or legal person who uses the Platform whether as a viewer, member, subscriber, or as a broadcaster;

 

Platform for Member

 

This Platform allows Members to upload and/or view Content made by them subject to payment of a Subscription Fee as well as view Content made by others. A Member cannot use the Platform without mandatorily registering on the Platform, by providing the relevant details as necessitated (“Registered Member(s)”). Such Registered Member’s details may be verified by the Platform by a detailed process which may even include a detailed telephonic conversation between the Platform and the Registered Member. Every Registered Member shall allocate themselves a unique identification User name and password ("User ID" and "Password") which, in good faith, they commit to use only for themselves, not sharing it for the benefit of other users.

 

Members may use the Services in any of the following methods:

Members shall have the ability to view certain content for free based on the conditions outlined by the uploader or Us

All paid Registered Subscribers will have access to all Content

The Playwrights can upload their own content.

 

Registered Members are responsible for maintaining the confidentiality of their User ID and Password. They are responsible for all activities that occur under their User ID and Password.

 

You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Platform registration form. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to indefinitely suspend, terminate or block/ refuse to provide You with access to the Platform without any refunds. 

 

We do not make any representation or warranty as to the Content available on the Platform. If any Member uploads any Content onto the Platform, such Member agrees to be solely responsible for the Content and agrees that the Content shall not offend the sentiments of any individual, caste, creed, community, race, or religion or to denigrate any institution, political party or person, living or dead. The Company does not endorse or bear any responsibility for any Content or the views expressed in any Content. The creator of the Content will be solely responsible for all disputes arising out of his/her Content.

 

We shall not be required to mediate or resolve any dispute arising out of the Content available on the Platform. However, We shall take all reasonable steps and on a best efforts basis, try and ensure a peaceful and amicable settlement between the Member whose Content is the subject matter of the dispute and third parties.

 

We do not, at any point of time, during any transaction between Member and the Company come into or take possession of any Content offered by Member nor do We, at any point gain title to or have any rights or claims over the Content offered by Member to the Platform barring the right to broadcast that Content.

 

The Platform is only a platform that can be utilized by Members to share their Content with other Members, and for the Members to gain access to Content being made by other Members. At no time shall the Platform hold any right, title or interest over the Content nor shall it have any obligations or liabilities in respect of such Content.

 

Representations, Warranties and Obligations of the Platform: We hereby represent and warrant that (a) We are a duly registered private company as under the relevant provisions of Indian law; (b) We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use; and (c) We will comply with the Privacy Policy and ensure data security of the Users at all times.

 

Representations, Warranties and Obligations of the Member: The Member hereby represents and warrants that (a) You are a natural or legal person, competent to contract, and have read, understood and agreed to be bound by these Terms of Use;  (b) They shall provide accurate information and details at the time of registration; (c)  They agree and acknowledge that once their Content has been placed on the Platform, they can remove the same only after providing the Company a notice of 90 (Ninety) business days

 

Fraud and Improper Conduct

 

You may only access the Platform and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Services. You agree that You will not in any way:

 

interfere with the ability of others to access or use the Services;

 

act in a manner that adversely affects other Users’ ability to use the Platform or the Services;

 

interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

 

upload or post or use the Services to transfer, any Content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;

 

You shall not attempt to gain unauthorized access to the account of any other User, or otherwise interfere with any other User’s use of the Services; and

 

You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Services, including, without limitation, with respect to any identifying information for Your account, and all information that You provide must be accurate and correct, and You must update any changes to such information, so that it remains current.

 

Intellectual Property Rights

 

Copyright

 

The copyrights, design rights (whether or not registered), moral rights, performance rights, database rights, new media rights, names, logos, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, or be capable of registration, in each case in relation to the Content made by the Member, rests with the Member. The Member hereby grants the Company a royalty-free, non-exclusive, worldwide, irrevocable right and license and broadcast, the Content made by the Member for the purpose of showcasing the Content and promotion of the Platform/ and the Member.

 

All Company’s content included on the Platform, including but not limited to, text, graphics, logos, designs, photographs, any computer code, in part or whole, that is not inherently in the public domain watermarks on the Content, button icons, images, video clips, digital downloads, data compilations etc., is Our property and is protected by the Applicable Laws with respect to intellectual property rights. The compilation of all content on this Platform is Our exclusive property, and shall not be reproduced or used without express written permission from Us. We reserve the right to terminate our engagement with You, if We, in Our sole and absolute discretion, believe that You are in violation of this clause.

 

The Content made available on or via the Platform, is provided by You ‘AS IS’ for Your and other Members’ information and use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Ours and the creators of such Content’s prior written consent and after giving a citation to the creator of such Content and the Company uses all industry standard practices to ensure the above mentioned practices is followed. We reserve all rights, not expressly granted in and to the Platform.

 

Trademarks

 

the Company. The Platform, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any Content that is not affiliated with the Company.

 

License and warranty for Your submissions to the Platform

 

Any Content You submit to Us, is at Your own risk. By providing or uploading Content, You represent and warrant that You are entitled to submit it and that you own it or the right the right to license it and that it is not confidential and it is not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights of any third party).

 

Links

 

The Platform may contain links to other Platforms ("Linked Sites"). The Linked Sites are not under the control of the Platform. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

 

We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Platform, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

 

On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

 

Payment Methods

 

The Member on paying the Subscription Fees, shall be directed to a third party payment gateway (“Third Party Payment Gateway”).

 

The Member agrees and accepts that all nuances and modalities relating to making payment using Third Party Payment Gateway shall be separately governed by arrangement(s) / terms and conditions between You and the relevant banks/ Third Party Payment Gateway. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the payments made through Third Party Payment Gateway.

 

While availing any of the payment method(s) available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) Lack of authorization for any transactions; (b) Any payment issues arising out of the transaction or (c) Decline of such transaction for any reason.

 

You understand, accept and agree that the payment facility provided by Us, is neither a banking nor financial service but is merely a facilitator providing an automated online electronic payment, collection and remittance facility for the transactions between the Member and Us on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.

 

The Platform reserves the right to refuse, to process any request for Service availed by a User with a prior history of questionable charges including without limitation, breach of any agreements by such User with Us, or breach/violation of any Applicable Law.

 

If You purchase a subscription, Your subscription will automatically continue, and You authorize Us (without further notice, unless required by Applicable Law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for You.

 

Unless You notify Us before a charge that You want to cancel or do not want to auto renew, You understand that Your subscription will automatically continue and You authorize Us (without notice to You, unless required by Applicable Law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for You.

 

Cancellation of Subscriptions

 

No request for modification or cancellation of subscription shall be entertained by the Company after [insert] business days of signing up for a paid subscription.

 

If You cancel Your subscription within [insert] business days of signing up for a paid subscription, please note that We will not refund any membership fee.

 

Privacy 

The Platform collects, stores, processes and uses Your information in accordance with Platform’s Privacy Policy. By using the Platform and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Platform in accordance with Platform’s Privacy Policy. 

 

Limitation and Disclaimer of Warranty

 

The Platform, the Services and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof.

 

We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Platform’s Services or due to the non- availability of the Platform Services.

 

If You are dissatisfied or harmed by this Platform or anything related with the Platform, Your sole remedy shall be to terminate these Terms of Use by unsubscribing on the Platform.

 

We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Platform.

 

We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Platform.

 

Indemnification

 

You undertake to indemnify Us, for any losses or damages resulting from any third-party claims or complaints arising from, or in connection with Your Content on the Platform, and/or breach of this Agreement.

 

Termination

 

We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of Our applicable policies, as posted on the Platform from time to time or upon a misuse of the Services by You.

 

You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You. Further, You will no longer be able to log into the Platform.

 

Severability

 

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

 

Promotional Trials

 

We sometimes offer eligible Members various trial or other promotional memberships, which are subject to this Terms of Use except as otherwise stated in the promotional offers. We reserve the right, in Our sole discretion, to determine Your eligibility. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.

 

General

 

Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Platform) constitutes the entire agreement between You and the Platform, in respect of the Services and supersedes all previous written and oral agreements between You and the Platform, if any. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

 

Explicit Content

 

By using the Services, You may encounter Content that may be offensive, indecent or objectionable; this Content may or may not be identified as having explicit language or other attributes. If you consider the Content to be offensive, indecent, objectionable or explicit, we recommend that you do not view such Content. Nevertheless, You agree to use the Services at Your sole risk, and the Company has no liability to You for any Content. Content types, genres, categories, and descriptions are provided for convenience, and the Company does not guarantee their accuracy.

 

Governing Law and Dispute Resolution

 

Terms of Use shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in Bengaluru, Karnataka, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.

 

Grievance Officer

 

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

 

Phone No:

E-mail Address: