This Agreement is entered into as on the effective date by and
FIND STARS ENTERTAINMENT PVT. LTD. herein referred to as “the Company” or “we” or “us” (which expression shall unless repugnant to the context be deemed to mean and include its successors, nominees and permitted assigns) of the First Part:
The User herein referred to as “you” (which expression shall unless repugnant to the context be deemed to mean and include its successors, nominees and permitted assigns) of the Second Part:
The Company and the User herein collectively referred to as the “Parties”.
“Effective Date” shall mean the date on which the User completes the registration process on the Company’s website or mobile application.
By clicking on the “Accept” button below, you agree to be bound by the terms of this ToU. If you do not agree to the terms of this ToU, you are not authorized to proceed to or use this website.
The terms and conditions of use mentioned below shall apply to this website FINDNEWSTARS.COM as also to the use of the content and/or services by the User.
By subscribing to or using any of the Company’s services including the use of the content and/or the products, accessing
NOW THIS DEED WITNESSETH AS UNDER:-
- Login- Every User has to register and login himself/herself with the website for using the Website’s services. He/she needs to login with a Username and a password (we suggest new). After the account is created, the User shall be solely and fully responsible for maintaining his or her
account password and other credentials if required confidential and all the other activities that occur therein. In case of any unauthorized use of the account and password or any other breach of security, the User agrees to notify the same to the Company immediately via email or through any other communication. The Company or its website cannot and for any loss or damage arising from the User’s failure to comply with this section of the ToU or any other part of the ToU.
- Eligibility Criteria- Anyone who is of 18 years of age and above is eligible to gain access to the services of the website. The User affirms, warrants and represents that he/she is/are person/persons of 18 years and above and is fully competent to enter into the terms, conditions, affirmations, obligations, representations and warranties set for in this ToU and will use the website in accordance with the applicable laws and regulations. Person/persons who are below the age of 18 are prohibited from registering with the website or posting any personal content on the website. In the event of a minor accessing the website or registering with the website, the responsibility and/or liability for such act of the minor shall be on his/her parent or guardian.
- Registration fees- The website shall charge you a nominal registration charge for using its services which are subject to change from time to time in future.
- Post content or items in an inappropriate category or areas on the website and in a manner that impairs their functioning or harm the interests of the Company.
- Violate any laws for the time being in force, third party rights and/or our policies.
- Circumvent or manipulate the fee structure, the billing process, or fees owed to Company.
- Post inaccurate, misleading, defamatory, libelous or false content.
- Perform any action that may undermine the feedback or ratings system (such as displaying, importing or exporting feedback information posted on the website or using it for unrelated purposes).
- Transfer your account (including feedback) and User ID to another party without obtaining express consent of the Company.
- Copy, aggregate, use, duplicate, download, publish, transfer, share, delete, revise, destroy, disclose, modify or distribute rights or content from the website and/or of other Users without obtaining their consent or any other information or data on the website without the consent of the Company.
- Harvest or otherwise collect information about Users (including email addresses) from the website without their consent.
- Assist any unregistered person in gaining access to the registration area or subscription services of the website or email accounts.
- Rent, lease, loan, trade, sell or re-sell access to the account or registration area or subscription services or in any manner monetize any feature of the website or use content from the website for derivative works of commercial nature without the consent of the Company.
- Act dishonestly or unprofessionally, create any false identity or impersonate any other person or identity or upload any misleading information including, without limitation, biographical information, information about current position, qualifications, affiliations, identity, including use of a pseudonym which may mislead the addressee about the origin of such communication as also which communicates any information grossly offensive or menacing in nature.
- Represent himself/herself as affiliated with or endorsed by the Company, unless expressly authorized to do so by the Company.
- Have any ownership rights or title in the account.
- Use the Company’s name, trademarks or proprietary right notice on the website and/or remove or hide the same on the website or services and/or infringes any patent, trademark, copyright or any other proprietary rights.
- Upload any files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or has received all necessary consents.
- Interfere with the security features of the website and the services through any means or engage in framing, mirroring or stimulating the appearance or function of the services or hampering with the operations of the website in any manner including placing unreasonable load on the services by way of spam, viruses, gaming algorithm, or denial of service attack.
- Use data miner, spider, crawler, scraper, robots or other automated software/devices, data gathering or extraction methods, to access, index, navigate, explore the website or its services, add or download contact information or send or redirect messages.
- Defame, abuse, harass, stalk, threaten or harm another person in any manner including by sending spam or unwelcomed communications through emails, phone calls, fax or any other mode and/or create account, use the services, post or upload User content, information, data, links or material that promotes escort services or prostitution, is indecent or sexually exploitative and/or upload, post, transmit, update, publish or distribute or share any material or information to the website that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful racially, ethically or otherwise unlawful, illegal in any manner whatsoever.
- Do anything that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.
- Post resume or create portfolio on behalf of another party. It should be your own and should describe you as a person.
- Use the User content for any purpose other than as a recruiter, employer or hirer of their services.
- Except where permitted by the Company, sell, promote, or advertise services or products.
- Post any job which is not in compliance with the local, national and international laws, including labour and employment laws, equal opportunity, eligibility requirements, data privacy, intellectual property and data access, etc..
- Post any job that seeks sexual services or promotes prostitution or escort services or request use or donation of any human body parts, including reproductive services such as surrogacy or egg donation.
- Post any job that requires the Talent to endorse or affiliate with particular political party, political agenda, political position/issue, or religion or religious group.
- Post any job, except when allowed by applicable laws, that require the talent-holder to provide information relating to his/her racial or ethnic origin, political beliefs, philosophical or religious beliefs, health, membership of a trade union, sexual life, the commission of criminal offences or proceedings.
- Post any job for any competitor of the Company or its website or post or upload content that provides link to any competitor of the Company.
- Transmit, distribute, post, store or destroy any content, data or information on the website in violation of any laws and regulations applicable.
- The Company in its sole discretion reserves the right to decline a User from registering on the website without assigning any reason thereof.
- The Company in normal circumstances does not pre-screen or monitor the User content. However, the Company reserves the right to review censor, delete, move, block access to, or prohibit the transmission or receipt of any User content, without notice, if such content is found to be obscene, defamatory, libelous, or invades the privacy or violates any right of any person or entity, or is illegal or in violation of the ToU or is otherwise offensive or inappropriate in the opinion of the Company.
- The Company’s website merely hosts and provides access to the User content and do not guarantee or warrant the accuracy, genuineness, validity or credibility of or in any manner endorse any User content. By submitting the User content, the User expressly represents and warrants that it is correct and complete in all respects and is not false, distorted, manipulated, fraudulent or misleading in any manner. By using the website, you assume the associated risks and agree to undertake background checks on your own accord to ascertain the bona fide nature and accuracy of the same before acting on it.
- The Company acquires no title or ownership rights in the User content submitted to its website. By submitting the User content, the User expressly represents and warrants that it is correct and complete in all respects and is not false, distorted, manipulated, fraudulent or misleading in any manner. The Company shall not be liable or responsible in any manner whatsoever in connection with the User content.
- The Company shall have the right to post the data on the website or mobile application as the Company may deem fit and proper.
- The Company shall have the right to delete or remove any such content which threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation, without notice and the Company may cancel any registration or terminate the account on the website at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.
- The Company shall be indemnified by the User for all losses incurred by the Company due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts or otherwise objectionable averments made by the User on the website of the Company.
- The Company further clarifies that the User/visitor to the website does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while accessing or feeding any User content, information or data into the computers, computer systems or computer networks of the Company.
- The said User/visitor does further unequivocally declare that in case he/she violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, bye laws and notifications made therein, he/she shall be solely responsible for
all the acts, deeds and things and any liability arising out of such acts, deeds and things or any other law for the time being in force.
- The Company does not guarantee or warrant a satisfactory response at all to the portfolio or resume or User content uploaded by any talent-holder. The Company does not guarantee or warrant the credentials of any prospective recruiter/hirer/employer registered on the website. It shall be the talent-holder’s sole prerogative to ascertain the genuineness of any recruiter/hirer/employer.
- The Company reserves all the rights to immediately terminate any unauthorized use of the website, content or any portion or derivative thereof, or any use that impairs the proper functioning and interests of the Company or other Users, violates any code of conduct or other guidelines, or violates, abuses, unethically manipulates or exploits, any terms and conditions of the ToU.
- The Company shall not be liable for any loss or damage sustained by reason of disclosure of any information concerning the User’s account or information relating to or regarding online transactions using credit cards or debit cards or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
- Payments for the services offered by the Company shall be fully on advance basis. The Company follows a no-refund policy.
- The Company reserves the right to terminate your account after significant duration of inactivity.
- The ToU shall survive indefinitely unless and until the Company chooses to terminate the same.
- The Company shall not be party to any legal proceedings between Users who connect through the website. The Company shall recover, in case it is implicated in any legal proceedings, the costs from the party that names the Company. However, the
Company shall abide by any Court Order served on through the due process of law in all circumstances.
- The Company clarifies that websites are public websites and and all information posted by the Company or the User shall be in public domain.
- The company may display third party advertisements on any part of the website,Clicking on which the user will be taken to the third party website. The Company shall not be liable or responsible for any losses or disputes caused by interaction/transaction of User and Advertiser in whatsoever manner by visiting Advertiser’s Website or contacting Advertiser through any media of communication.
- The Company shall not be liable or responsible for receipt of spam or virus by the User.
- The Company reserves its right to amend or alter or change all or any disclaimers or ToU at any time without prior notice.
- The ToU shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any dispute or differences arising out of or in connection with this ToU shall be resolved and shall have jurisdiction at the courts of Mumbai.
Personal Information: the personal information is used to identify, contact or locate you. Users will have to register online to access and use various features of the website including talent exchange, marketplace and social network. During registration, users will have to provide personal information such as name, gender, city, state, date of birth, email address, mobile number. In addition to this, the users can also describe their talent or recruitment/hiring in brief in the area provided in the registration area.
User IDs: Your usernames, passwords, email addresses and other security-related information used by you in relation to our services. Log Information: Information such as your email address, web request, IP address, mobile/tablet/computer device, browser type, browser language, date and time of request and time spent on any part of the platform of the website.
Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, videos, documents etc. We only collect your personal information to conduct our business and to enable us to deliver and improve our services. We do not intentionally collect any sensitive personal information via the website unless legally required to do so.