General Terms and Conditions of Use
General Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
Fifth Quarter Infomedia Pvt Ltd and its related entities (“bollywoodtrade.com” or “we” or “us”)
own and operate the bollywoodtrade.com web site (the “Web Site”). By using the web site or any
material on the web site, including any electronic press kit material (collectively, “Material”),
you signify your assent to these Terms and Conditions of Use (“Terms and Conditions”).
If you do not agree to all of these Terms and Conditions, do not use the web site. We may revise
and update these Terms and Conditions at any time and without prior notification. Your continued
usage of the web site will mean you accept those changes.
1. Use of Material.
a. The content, including without limitation, text, artwork, photographs, videos, etc. (“Material”)
posted on the web site is owned by bollywoodtrade.com or its licensors i.e. Production Houses / Producers /Studios (“Studios”)
and is the subject of copyright protection in India and internationally. The Material may be used
by users who have registered on the web site and are members of the media fraternity ONLY as a promotional
tool to promote the exhibition of the corresponding program, motion picture, film or other audio visual
work (“Work”), subject to the terms and restrictions set forth herein, the terms and conditions set
forth in Exhibit A (if any) hereto for the Studio providing the corresponding Material
(“Studio-Specific Restrictions”), and any specific terms and restrictions set forth on the web site in
connection with the Material (“Material-Specific Restrictions”). To the extent of any conflict between
the terms and restrictions set forth herein, the Studio-Specific Restrictions and/or the Material-Specific Restrictions,
the order of precedence shall be as follows: (1) the Material-Specific Restrictions, (2) the Studio-Specific Restrictions
and (3) the terms and restrictions set forth herein. No other uses are permitted without the prior written consent of the
relevant Studio. Use of the material in violation of the foregoing may result in civil and/or criminal proceedings and
penalties. All rights not expressly granted herein are reserved to bollywoodtrade.com and/or the Studios.
b. Any use, duplication, display, preparation of derivative works based upon, or distribution of the Material other
than as expressly permitted herein or pursuant to the written authorization of the relevant Studio is STRICTLY PROHIBITED.
You may not lease or sell the Material in whole or in part. bollywoodtrade.com and the relevant the Studios reserve their
rights to pursue any and all legal remedies to terminate any unauthorized use, duplication, display, preparation of derivative
works based upon, or distribution of the Material.
c. The Material cannot be used for parody or other distortion of any plot, theme, idea, image, likeness, character or name
contained in any Work or the Material. Any use of the Material not expressly provided for hereunder must be approved by the
relevant the Studios, in its sole discretion. The permission granted herein to use the Material may be revoked at any time
by bollywoodtrade.com or the relevant the Studios, and shall automatically expire per the terms and conditions listed in Exhibit
A (if any) and for the corresponding Studios.
d. Archiving of Material is strictly prohibited and video must be permanently deleted in accordance with the terms and conditions
listed in Exhibit A (if any) for the corresponding the Studios.
e. The Material is subject to change and your ability to access and/or use the Material may be terminated without notice in the sole
discretion of bollywoodtrade.com or the relevant the Studios. Nothing herein shall constitute a representation or warranty by
bollywoodtrade.com or any Studio that the Material shall be error free.
f. If you violate any of these Terms and Conditions, without limiting any rights or remedies available to bollywoodtrade.com or a Studios,
your permission to use the Material and access the web site automatically terminates and you must immediately destroy any copies you have
made of any portion of the Material and discontinue accessing the web site.
2. Use of the web site.
a. In your use of the web site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without
limitation, you agree not to (i) use the web site for any purpose in violation of local, state, national, or international laws, (ii) infringe
or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights,
(iii) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information,
or any other automatic means of obtaining lists of users or other information from or through the web site or the services offered on or through the web site,
including without limitation any information residing on any server or database connected to the web site or the services offered on or through the web site,
(iv) interfere with, interrupt, damage, disable, overburden, or impair the web site or the services made available on or through the web site, including,
without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing,
forged routing or electronic mail address information or similar methods or technology, (v) attempt to gain unauthorized access to other computer systems
through the web site, (vi) linking to the web site or any Material displayed or accessible through the web site, or (vii) assist any third party in doing any
of the foregoing.
b. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or
interfere with the web site or the web site’s services, or make any unauthorized use thereof. You agree that you shall not use the web site in any manner that
could damage, disable, overburden, or impair the web site or interfere with any other party’s use and enjoyment of the web site or any of its services. You shall
not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the web site.
3. Bollywoodtrade.com Accounts.
a. In order to access some features of the web site, including the ability to download Material, you will have to register for a bollywoodtrade.com account.
When registering, you must provide accurate and complete information. You may never use another’s account without permission. It is your sole responsibility to
(1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your bollywoodtrade.com account and password;
(3) promptly inform us of any need to deactivate a password. You grant bollywoodtrade.com and all other persons or entities involved in the operation of the
web site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the web site. bollywoodtrade.com cannot
and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received
using bollywoodtrade.com tools and services. You must notify bollywoodtrade.com immediately of any breach of security or unauthorized use of your account.
b. Although bollywoodtrade.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of bollywoodtrade.com
or others due to such unauthorized use.
4. Liability of bollywoodtrade.com and its Licensors.
a. The use of the web site and the Material is at your own risk.
b. When using the web site, information will be transmitted over a medium that may be beyond the control and jurisdiction of bollywoodtrade.com and the Studios.
Accordingly, bollywoodtrade.com and the Studios assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information
transmitted in connection with use of the web site.
c. The web site and the Material are provided on an “as is” basis. bollywoodtrade.com AND THE STUDIOS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS,
AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, bollywoodtrade.com and the Studios make no representations or warranties about the following: the accuracy,
reliability, completeness, currentness, or timeliness of the Material, software, text, graphics, links, or communications provided on or through the use of the web site.
d. In no event shall bollywoodtrade.com, the Studios, or any third parties mentioned on the web site be responsible for any claims if these Terms and Conditions are not
followed or liable for any incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption
resulting from the use of or inability to use the web site or the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not
bollywoodtrade.com, the Studios, or any third parties mentioned on the web site are advised of the possibility of such damages. Given that the web site and Material are
provided to you on a gratuitous basis, the liability of bollywoodtrade.com, the Studios, and any third parties mentioned on the web site shall be limited to actual damages
incurred by you, not to exceed INR 1. bollywoodtrade.com, the Studios, or any third parties mentioned on the web site are not liable for any personal injury, including death,
caused by your use or misuse of the web site or the Material. Any claims arising in connection with your use of the web site or any Material, must be brought within one (1) year
of the date of the event giving rise to such action occurred. Your remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these
Terms and Conditions.
5. User Submissions
By sending to bollywoodtrade.com via email any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information,
inventions, how-to or product information or material, you: (i) agree such submission is non-confidential for all purposes, (ii) grant bollywoodtrade.com an unrestricted,
irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and (iii) represent and warrant that you own or otherwise control
all of the rights to such information or materials and that bollywoodtrade.com is free to use ideas, concepts, know-how or techniques that you send us for any purpose. bollywoodtrade.com
may sublicense its rights through multiple tiers of sublicenses. Notwithstanding the foregoing, the personal information you submit to bollywoodtrade.com is governed by the bollywoodtrade.com
6. Rights Reserved
Bollywoodtrade.com reserves the right to refuse service, terminate your account or your access to the web site or any of the web site’s services or features, and/or refuse to provide
Materials, including, without limitation, if bollywoodtrade.com believes that your conduct violates applicable law or is harmful to the interests of bollywoodtrade.com or the Studios.
7. Links to Other Sites
Bollywoodtrade.com may provide links to third-party web sites. bollywoodtrade.com does not recommend and does not endorse the content on any third-party websites. bollywoodtrade.com
is not responsible for the content of linked third-party sites, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your
own risk and subject to the terms and conditions of use for such sites.
You agree to defend, indemnify, and hold bollywoodtrade.com, its officers, directors, employees, agents, and the Studios harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of and access to the web site; or
(ii) your violation of any term or condition of these Terms and Conditions. This defense and indemnification obligation will survive these Terms and Conditions and your use of the web site.
a. Bollywoodtrade.com is based in Mumbai, Maharashtra State, in INDIA. bollywoodtrade.com makes no claims that the web site and the Material are appropriate or may be downloaded for all
web site content. Access to or use of the Material may not be legal or authorized by certain persons or in certain countries due to the applicable laws in a country or due to the terms and
conditions set forth therein, the Studios-Specific Restrictions and/or Material-Specific Provisions. If you access the web site, you do so at your own risk and are responsible for compliance
with the applicable laws of the jurisdiction in which you are accessing the web site and Material and for compliance with all of your obligations under these Terms and Conditions.
b. The following provisions survive the expiration or termination of the Terms and Conditions for any reason whatsoever: Liability, User Submissions, Rights Reserved, Indemnity, Jurisdiction,
and Complete Agreement.
a. You expressly agree that exclusive jurisdiction for any dispute with bollywoodtrade.com, or in any way relating to your use of the web site, resides in the courts of Mumbai and you further
agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving bollywoodtrade.com or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers, and content providers.
b. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions
is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall
remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
11. Complete Agreement
with respect to the use of the web site and the Material.
Thank you for your cooperation. Questions or comments regarding the use of media-kit or the web site should be submitted to email@example.com.
General Media-Kit Disclaimer
Use of this material is specifically limited to and has been authorized only for personal viewing for editorial/reporting purposes and for telecasts to promote the theatrical release of the motion picture
for a period of six months from the date of receipt, or until the date that the motion picture ceases to play in the telecaster’s market. Any other use, re-use or duplication of this film footage or soundtrack
therein, without limitation, is strictly prohibited without the express prior written consent.