1. Nature of Website.

 

This Website http://findouttalent.com/ is an open access Website with free access to all viewers/ users. The website provides a platform to the registered users to showcase their talent. A user, upon registration (and in accordance to terms pertaining to payment and technical specifications, as applicable), may upload content on the website for open / unrestricted viewing by public at large in accordance to these Terms and Conditions. Every viewer/ registered user of the website is solely responsible to act on the information received through the website and the Company explicitly disclaims any responsibility from acts or omissions of any person based on the information provided by / received through the use of website.

 

  1. Content.

 

2.1 Content uploaded. The content provided on the website is on an AS-IS WHERE-IS basis i.e. the content is AS-IS provided by a registered user / Talent Seeker (defined hereinafter). The Company does not monitor or control the correctness, authenticity, quality and/or genuineness of content uploaded or responses sent or received and hence it explicitly disclaims any liability associated therewith. Company does not restrict users and hence any reliance placed by any person in connection with the content uploaded and/or use of the information pertaining to its users is at their own risk and cost.

 

2.2 User Accounts.

 

  1. Any person who is interested in uploading content on the website can create a user account by registering himself/herself (each to be known as a ‘registered user’). Upon registration and payment of appropriate fee a user would be registered with the website and would have access to a registered user account for the purpose of uploading / displaying their respective talent content. The charges/ fees payable, the specifications and language restriction pertaining to such talent content shall be as denoted on the registration web-page from time to time, however it is clarified that any fees paid towards registration and/or uploading of talent content is non-refundable.
  2. A registered user may upload talent content for (i) self, (ii) other adult persons with their consent, or (iii) on behalf of minor(s) in the capacity of a legal guardian of such minor(s) (each an “Artist”). It is hereby explicitly clarified that talent content which involves performance by any person other than the registered user shall be only with the valid consent of the performing Artist. In case Artist is a minor, talent content shall be uploaded with consent / permission of the legal guardian of such minor(s) who is competent to consent on behalf of such minor(s). A registered user can delete his uploaded content at any point of time.
  3. It is hereby explicitly confirmed by the registered user that all consents, permissions, warranties, representations made hereunder by a registered user are being made for himself/herself and/or the Artist who’s talent content is being uploaded. The registered user is solely responsible to such person who’s performance /artwork is being uploaded by such registered user. The registered user hereby indemnifies and holds harmless the Company, the Website and each of its directors and officers (the “Company Parties”) against any and all losses, demands, claims, liabilities, damages, costs and expenses (including but not limited to court costs and reasonable documented attorney’s fees and expenses together with any applicable taxes thereon) that the Company Parties may suffer or incur directly in consequence of the infringement or breach of any third party’s rights including those of the Artist.
  4. It is hereby clarified that website has the sole right, if it deems fit, to deactivate any registered user account or delete talent content uploaded through the registered user account at any point of time without prior consent or information in the event it is found that the registered user is not in compliance with these Terms & Conditions and / or the applicable laws.

 

2.3 Responses sent/received.

Company cannot monitor the responses / queries that a person may send or receive in response to talent /content /information displayed by any registered user on the site. Therefore, every registered user / Talent Seeker would be required to conduct its own background checks on the bonafide nature of all the - content / the response(s) / the information received through the Website. Company is only a platform on which the talent/ content can be showcased/ displayed, as the case may be and disclaims all liability explicitly.

 

2.4 Talent seekers.

A person interested in contacting a registered user in connection with the talent content uploaded on the Website or a person who intends to display requirement of specific talent may create a talent seeker account by registering himself/herself (each to be known as a ‘Talent Seeker”). Upon registration and payment of appropriate fee a Talent Seeker may (i) submit request to contact a registered user through the Website; or (ii) advertise its requirement for a specific talent. The charges/ fees payable, the specifications and language restriction pertaining to such talent request shall be as denoted on the registration web-page from time to time, however it is clarified that any fees paid towards registration is non-refundable.

 

2.5 No Confidentiality.

Company does not guarantee confidentiality of information uploaded/displayed on the Website http://findouttalent.com/ or any of its other websites / domains owned and operated by the Company. However, any personal information (e.g. email id, phone numbers, name, address) shared with the Website by the registered user will be held reasonably securely and will be shared with a Talent Seeker only upon consent of the registered user.

 

2.6 Consent to upload content and/or contact.

Given the nature of website, a registered user will be permitted to upload /display content showcasing the talent content through the medium of documents/ voice notes/ pictures/ videos/ art files on the Website in accordance to the terms and conditions of the registration and the same will be available for free viewing to public at large. You further consent and confirm that you want to display the talent content shared by you on the Website for free viewing by public at large.

 

2.7  Exchange of information.

A Talent Seeker interested in exploring possibility of collaboration with a registered user, in connection with the talent content uploaded on the Website, may send request to the Website for initiation of contact. The Website will forward such request to the registered user through electronic communication. That upon receipt of such intimation, a registered user may consent for sharing of registered user information with the Talent Seeker. It is explicitly clarified that, in the event such a request is submitted to the Website, the registered user hereby agrees that, upon consent (electronic or written) from such user, the website is authorized to share user submitted information to the interested viewer. The Company further specifically clarifies that it takes no responsibility of the correctness, authenticity or genuineness of the information supplied by the user, content displayed on the website or with regard to the genuineness of the request of interest in collaboration made by any viewer. Each party must conduct its independent background checks, as required in connection with such request. Further, the Company does not make claim of any success in collaborations and of any business generation. Any collaboration between parties shall be managed, controlled and handled by the registered users, Artists, Talent Seekers and viewers directly and the Company is not responsible for the same, unless specifically agreed to otherwise. By using this Website, you consent to Company processing of user submitted personal information for the purposes informed herein as well as those explained at the time of registration or through separate electronic communication.

 

  1. Eligibility and Acceptance of Terms and Conditions.

 

3.1 Eligibility: A registered user / Talent Seeker can register and use the Website only if he/she is at least 18 years old. You hereby represent, acknowledge and agree that you are at least 18 years of age and legally eligible to execute binding contracts under applicable law.

 

3.2 Acceptance of Terms and Conditions. By using the Website you hereby agree to and accept these Terms and Conditions and agree to adhere to the terms and conditions set out herein or as may be informed through electronic or other communications. You hereby acknowledge and confirm that you are the sole point of contact and are solely responsible for the content uploaded onto the website.

 

  1. Representations and Warranties.

 

4.1 No representations or warranties on behalf of the Company. The Company makes no representations or warranties whatsoever, and disclaims all liability and responsibility for any representation, warranty, statement, or information made or communicated (orally or in writing) to a registered user, Talent Seeker, Artist and/or a viewer through the Website or through other communication.

 

4.2 Non-Infringement.

 

  1. Definition. ‘Intellectual Property’ means all intellectual property rights, including (without limitation) patents, trademarks, database rights, rights in content shared/ uploaded in any form, designs, copyrights (whether or not any of these are registered or capable of being registered) and the right to apply for registered protection of the foregoing, and confidential information and other proprietary knowledge and information, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, in each case for their full term and together with any renewals or extensions.

 

  1. Ownership of Intellectual Property Rights in the content shared with the Company/ Website.

 

Registered user hereby states that he/ she is the sole owner of Intellectual Property Rights vested in content uploaded and/or the has the right to use any Intellectual Property uploaded/ shared on the Website. However, ownership of any Intellectual Property developed in consultation with the Company or in connection with promotion of talent through the Website will be governed by the separate agreement executed between the parties.

 

  1. Assignment of Intellectual Property Rights. Each registered user hereby warrants and covenants that –

 

(i)   he/she owns or has the right to use any Intellectual Property uploaded/ shared with the Company through the Website or directly through other form of communication and that he/she has the right and title to give to the Company unrestricted use of said Intellectual Property;

(ii)  to the best of its knowledge, the Intellectual Property uploaded/ shared on the Website or with the Company does not infringe third party Intellectual Property;

(iii) he/she shall perform the responsibilities in connection with the Website in a manner that does not infringe, or constitute an infringement or misappropriation of, any patent, copyright, trademark, trade secret or other proprietary rights of any third party.

 

D.  License to use Intellectual Property. Registered user and the Artist through the registered user hereby grants to the Company, at no additional charge, a perpetual, irrevocable, non-exclusive, world-wide, royalty-free right and license, to access, use, reproduce or display Intellectual Property (including all content, modifications, replacements, upgrades, enhancements, methodologies, tools, documentation, materials and media related thereto), including for promotion or marketing purposes.

 

E.  Intellectual Property right indemnity. Registered user hereby indemnifies and holds harmless the Company, Website and each of the Company Parties against any and all losses, demands, claims, liabilities, damages, costs and expenses (including but not limited to court costs and reasonable documented attorney’s fees and expenses together with any applicable taxes thereon) that the Company Parties have suffered or incurred directly in consequence of the infringement or breach of any third party rights including breach of Intellectual Property Rights.

 

4.3 Additional representations and warranties. Each viewer and registered user hereby represents, warrants and covenants as follows –

 

(i)   That the user information provided by you to the Website is true to the best of your knowledge;

(ii) That you are at least 18 years of age and are legally eligible to execute a contract for yourself and /or on behalf of the Artist;

(iii) That the talent content uploaded by the registered user for himself/herself is being uploaded by you of your own volition and without being under any duress, coercion or undue influence from any party. Further you confirm and guarantee that the talent content uploaded by a registered user on behalf of the Artist, is being uploaded by you in accordance to Artist’s explicit consent and the said talent content has been created by the Artist of their own volition and without being under any duress, coercion or undue influence from any party;

(iv) In case you are uploading talent which involves a minor(s), you hereby explicitly confirm and warrant that you are the legal guardian of such minor(s) and competent to consent on behalf of such minor(s). In the event you are not the legal guardian of such minor(s), you hereby confirm and warrant that you have received the consent of a legal guardian of such minor(s);

(v) That you own all rights, title and interest including intellectual property rights in the talent content uploaded on the Website;

(vi) That you will not upload content on the Website which is libelous, defamatory, obscene or which otherwise infringes another individual’s privacy rights. The content uploaded should also not incite any hatred, communal or religious disharmony or be against national interest or public policy;

(vii) That you have uploaded content and are agreeing to adhere to these Terms & Conditions out of your own volition and without being under any duress, coercion or undue influence or because of any false representation from either the Company or any third party;

(viii) You further represent and warrant that the content uploaded on the Website does not violate any applicable laws or regulations.

 

  1. Indemnities.

 

Each viewer/ registered user hereby agrees to indemnify, defend and hold harmless the Company, Website and its officers, directors, employees, agents, representatives, successors, and assigns from and against any and all losses and threatened losses due to third party claims arising from or in connection with any of the following:

 

(i)   viewer/ registered user’s breach of any of the representations, warranties and covenants set forth in these Terms & Conditions.

 

(ii)  Losses, including government fines, penalties, sanctions, damages, losses, interest or other remedies resulting from viewer/ registered user’s failure to perform its responsibilities under these Terms & Conditions in compliance with laws.

 

(iii) Taxes, together with interest, penalties or other amounts assessed, that are the responsibility of viewer/ registered user.

 

(iv) Death, bodily injury, or illness.

 

(v)  violation by viewer/ registered user of any laws or any common law protecting persons or members of protected classes or categories, including Laws prohibiting discrimination or harassment on the basis of a protected characteristic, including laws prohibiting retaliation.

 

  1. Limitation of Liability.

 

6.1 Subject to other sub-clause hereto, and to the maximum extent permitted by Law, the aggregate liability for costs, losses, damages, whether in contract, in tort, under statute or otherwise, of the Company, for claims asserted by a third party, regardless of the form of the action or the theory of recovery, shall be limited to an amount of Rupees Fifty Thousand (INR 50,000/-).

 

For the avoidance of doubt, this liability cap is an aggregate liability cap under these Terms & Conditions.

 

6.2 Exclusion of indirect and consequential losses

 

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, IN NO EVENT SHALL COMPANY (OR ITS AFFILIATES, SUBCONTRACTORS, EMPLOYEES, OFFICER OR DIRECTORS) BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY, FOR INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITY, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF RECOVERY, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT) OF WHATEVER NATURE WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATED, OR ACTUALLY CONTEMPLATED BY THE PARTIES AT OR AFTER THE EFFECTIVE DATE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Disclaimer.

 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Account Termination.

 

8.1 User termination. A registered user or a Talent Seeker may delete his/her account at his/ her discretion at any time.

 

8.2 Company termination.

 

(i)   A registered user account and /or talent content uploaded onto the Website, paid or unpaid, may be terminated / deleted without prior notice or intimation by the Company at its sole discretion without assigning any reason, including but not limited to reason of supply of any false information or making a representation, or of noncompliance with any applicable laws, rules or regulations.

(ii)  A Talent Seeker’s account and /or talent requirement advertisement uploaded onto the Website, paid or unpaid, may be terminated / deleted without prior notice or intimation by the Company at its sole discretion without assigning any reason, including but not limited to reason of supply of any false information or making a representation, or of noncompliance with any applicable laws, rules or regulations.

 

8.3 By efflux of time. A limited registered user account or a Talent Seeker account along with the talent content uploaded onto the Website, paid or unpaid, will be terminated/ deleted automatically upon expiry of the validity period, unless, renewed twenty-four (24) hours prior to expiry if validity period.

 

8.4 Consequences of termination/ deletion. Upon termination, all content uploaded by such registered user / Talent Seeker will be deleted. It is clarified that the Company will not be responsible for any refund of amount paid by such registered user / Talent Seeker in connection with such user account.

 

  1. Changes to these Terms and Conditions.

 

The Website and these Terms and Conditions may undergo changes from time to time and the updated / modified Terms and Conditions will be posted on this page. Important changes will be notified electronically or through this Website. However, you hereby agree and acknowledge to keep abreast of these Terms and Conditions from time to time and further agree to abide by the same.

 

  1. General

 

10.1 These Terms and Conditions are made under and shall be governed by and construed for all purposes in accordance with the laws of India. Subject to the foregoing, the appropriate courts in New Delhi shall have jurisdiction.

 

10.2            This Agreement supersedes all previous representations, understandings, and agreements, oral or written, between the Parties with respect to the subject matter hereof.