Terms of Use

 

Starkut Media and Entertainment Private Limited ("Company") owns and operates the website www.starkut.com (and affiliate websites, www.starkut.net, www.starkut.in, www.starkut.co.in) (collectively and individually referred to herein as the "Website"). By accessing the Website, you agree with and consent to be bound by (i) these terms and conditions ("Terms and Conditions"); and (ii) privacy policy at which privacy policy is incorporated herein by reference. The words "you" and "user" as used herein refer to all individuals and/or entities accessing this web site for any reason.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

Nature of the website

1.1 The Website intends to act as a platform to connect (i) artists seeking job opportunities, by allowing such artists to showcase their talent; and (ii) persons interested in engaging the services of such artists.

1.2 The artists seeking job opportunities are hereinafter referred to as "Talent(s)". The various categories of Talents that may seek job opportunities on the Website are provided in 'Talents' Menu of website. The Company may change such categories at its sole discretion without any prior notice.

1.3 The persons interested in engaging the services of the Talent are hereinafter referred to as "Opportunity Providers"

1.4 The Website is a social networking website that allows individuals and entities engaged in the entertainment industry to build relationships by interacting with each other. The Website is also an online market place where Talents and Opportunity Provider may source and seek mutually beneficial job opportunities.

1.5 Nothing contained on the Website should be construed as providing a guarantee or assurance to Talents that they would necessarily secure an opportunity or that the Opportunity Providers will necessarily be able to find Talents.

Eligibility to use the website

2.1 Use of the Website is available only to persons who can enter into legally binding contracts under Indian law. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872, including persons below the age of 18 years are not eligible to use the Website. This site is intended for persons aged 18 or over and Companyreserves the right to de-register any person under the age of 18. It is clarified that where any Talent is below the age of 18 (including but not limited to a child artist), the Website must be accessed and used only by such Talent's legal guardian, who must be competent to contract and act on behalf of such person under the age of 18 and such guardian shall be deemed to have taken full responsibility for the minor on whose behalf he/she accesses the Website. You acknowledge that some parts of the Website site may contain material that may be inappropriate for minors. If you register on behalf of a minor, you must still comply, and must ensure that the minor complies, with these terms and conditions. Any breach of these terms by the minor is deemed to be a breach by you. Any communication on the Website on behalf of the minor must be done only by the legal guardian registering on behalf of the minor.

In the event that, any individual proposes to showcase the talent of its pet animal on the Website, the owner/manager of such pet shall be bound by the provisions of these Terms and Conditions. You agree and undertake that your access of the Website or the utilisation of the facilities provided on the Website does not in any manner contravene the local laws or regulations of the territory from which you access the Website or the facilities provided thereunder.

2.2 Notwithstanding anything contained herein, the Company hereby reserves the right to deny access to the Website or any part thereof to any person, without assigning any reason therefor.

Registration

3.1 For accessing and using the services on the Website, you may have to register an account with the Website.  In this regard, you agree and undertake:
(a) To provide true, accurate, current and complete information about yourself (and the Talent, in case the Talent is different from the user)in all aspects as may be prompted by the Website's registration form (such information being the "Registration Data").
(b) To maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
(c) You will not create more than one account.
(d) If the Company disables or suspends your account, you shall not create another one without our permission.
(e) You shall not share your password with any person.
(f) You shall not assign, transfer or otherwise permit any other person to operate your account.
(g) You shall not manipulate the system, use any unfair means; solicit discriminatory help and favours to get a bias towards your Starkut profile in any way.
(h) You shall not resort to any sort of unrealistic, intrusive, abnormal, and stalking or any such behaviour on starkut.com that may raise concerns of any sort with Starkut media & entertainment private limited or with any other user, visitor and subscriber of starkut.com

3.2 In relation to Talents or Opportunity Providers that act as a group, any one of such persons may register himself for and on behalf of the group. Only such person who registers on behalf of the group shall be permitted to access such account. There shall be only one account for such a group.

3.3 Registration for Talents: Talents may register under any one of the following categories: (i) Regular; (ii) Professional; and (iii) Premium. The benefits available for each of the categories are provided here [Note: Please include a link that would provide benefits in a comparative tabular form]. Registration under Professional and Premium categories are paid services. Please refer to our payment terms provided in Clause 8 below. All payments are non refundable.

3.4 Registration for Opportunity Providers: Opportunity Providers may register under any one of the following categories: (i) Regular; and (ii) Premium. The benefits available for each of the categories are provided here [Note: Please include a link that would provide benefits in a comparative tabular form]. Registration under Premium category is a paid service. Please refer to our payment terms provided in Clause 8 below. All payments are non refundable.

3.5 The Company may from time to time amend the aforesaid categories of registration or introduce new categories of registration without any prior notice to you. Further, the Company may from time to time amend the pricing plans for any such categories without any notice to you.

3.6 You represent and warrant that registering on the Website and availing the services thereon shall not constitute a breach of any obligation by which you are bound whether arising by contract or operation of law.

3.7 You agree and acknowledge that the Company may delete or suspend your account in the event that you violate any of the Terms and Conditions or applicable law.

Your use of the website

4.1 You shall use the Website strictly in accordance with these Terms and Conditions. Without limiting the generality of the foregoing, you agree that you shall not use the Website for any illegal or unauthorized purpose.

4.2 You agree and undertake that all information, material or content that you shall post on the Website, including but not limited to any personal details, qualifications and experience, shall be accurate and not misleading.

4.3 In the course of the use of the Website, you hereby expressly agree and undertake that you shall not host, display, upload, comment, modify, publish, transmit, update or share any information or material or content that:
(a) belongs to another person and to which you do not have any right to;
(b) is 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;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary or intellectual property rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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 offence or prevents investigation of any offence or is insulting any other nation;
(j) offends any religion or religious sentiments;
(k) denigrate, ridicule or malign any famous personality.

You acknowledge that above has been included in specific compliance of Rule (2) of the Information Technology (Intermediaries guidelines) Rules, 2011. Accordingly, any violation of above shall not only be a breach of these Terms and Conditions but may also be a violation of applicable law.

4.4 You shall not post nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photographs, visuals, audio-visuals or other content on the Website.

4.5 No user shall advertise or solicit sexual services.

4.6 You shall not any time indulge in any spamming. You agree not to use or reference the Website for chain letters, junk text, notifications, alerts, or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

4.7 You understand and acknowledge that you may be exposed to content on the Website that is inaccurate, offensive, indecent, or objectionable inspite of the fact that the publication of such content / material on the Website is prohibited. The Company does not take any responsibility for the unauthorised publication of such content by any user and disclaims all liability in regard thereto.

4.8 The Website may permit you to post profiles, opinions, comments, messages and other communications as well as upload files, including images, videos, sound recordings and other content (collectively, "user Content"). You understand and agree that user Content is public. Any person may read your user Content without your knowledge. Please do not include any personal information (such as phone numbers, postal addresses, email addresses or similar contact information) in your user Content. The Company is not responsible for the use or disclosure of any personal information that you disclose in your user Content.

4.9 The Company shall have the right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the user Content, at any time, for any reason, including to determine compliance with these Terms and Conditions, as well as to satisfy any applicable law, regulation or authorized government request. Any decision of the Company in this regard shall be final and binding on the users.

4.10 The Website may permit you to share the user Content on social networks, including but not limited to www.facebook.com and www.twitter.com. In the event that you opt to share the user Content on any social networks, you agree to be comply with the terms of use and other policy requirements of such websites.

4.11 Any video to be displayed on the Website shall have to be uploaded through www.youtube.com. Similarly, any audio file to be made available on the Website shall have to be uploaded through www.soundcloud.com. Accordingly, in the event that you make a video or audio file, you hereby agree to be comply with the terms of use and other policy requirements of www.youtube.com and/or www.soundcloud.com, as the case may be.

4.12 You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking or any other illegitimate means.

Disclaimers of warranties

5.1 You agree, acknowledge and understand that the Company is merely acting as an intermediary between the Talents and Opportunity Providers, and is not itself providing any job opportunities to Talents or offering any Talent for recruitment to Opportunity Providers.

5.2 The Company does not make any representation about the accuracy of any descriptions, qualifications, abilities, performance or other attributes provided by any Talent. Similarly, the Company does not make any representation about the accuracy of any descriptions, offers, opportunities offered by the Opportunity Providers.

5.3 Nothing contained on the Website should be construed as providing a guarantee or assurance to Talents that they would necessarily secure an opportunity or that the opportunity that may be obtained would meet the requirement of the Talent or that the Opportunity Providers will necessarily be able to find Talents or that the Talent whose services are acquired or retained would meet the requirements of the Opportunity Providers.

5.4 The Company expressly disclaims any and all liabilities, costs, claims, damages or injuries suffered by you due to your use of any services on the Website.

5.5 The selection, coordination, arrangement of the Website, including but not limited to the manner in which the profiles of Talents or opportunities may appear, shall be at the sole discretion of the Company.

5.6 You are hereby advised to make all independent investigations that you may deem necessary prior to availing any services on the Website. Without limiting the generality of the foregoing, Talents are advised to conduct appropriate independent diligence of the relevant Opportunity Providers before applying for any opportunities. Similarly, Opportunity Providers are advised to conduct appropriate independent diligence of the relevant Talents before contacting them.

5.7 You expressly acknowledge and agree that use of the Website is at your sole risk. To the maximum extent permitted by applicable law, the Website and any services performed or provided by the Website are provided "as is" and "as available", without warranty of any kind, and the Company hereby disclaims all warranties and conditions with respect to the Website and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. The Company does not warrant against interference with your enjoyment of the Website, that the functions contained in, or services performed or provided by, the Website will meet your requirements, that the operation of the Website or services will be uninterrupted, virus-free or error-free, or that defects in the Website or services will be corrected. No oral or written information or advice given by the Company shall create a warranty by the Company. You shall be solely responsible for any damage to your property, including any device or computer system from which the Website is accessed.

5.8 The Website displays, includes and makes available content, data, information, applications or materials from third party website ("Third Party Materials") and may also provide links to certain third party web sites. By using the Website, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, legality, decency, quality or any other aspect of such Third Party Materials or third party websites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials or any third party websites. Third Party Materials and third party websites are provided solely as a convenience to you.

5.9 In the event that any Talent is engaged by any Opportunity Provider using the services on the Website, such engagement shall be between the Talent and the Opportunity Provider directly. You agree and understand that the Company is not a party to and is not privy to any express or implied contract between the Talent and the Opportunity Provider.

Intellectual property

6.1 Starkut Logomark and Wordmark are trademarks owned by the company. You agree that the Website, including but not limited to the, source code, object code, scripts and software used to implement the Website, is owned by the Company. You expressly agree and undertake that you will not use such proprietary information or material in any way whatsoever except for use of the Website in compliance with the terms of these Terms and Conditions.

6.2 With the exception of user Content submitted to the Website by you, all other content on the Website is owned by the Company, and is subject to copyright, trade mark rights, and other intellectual property rights of the company. The Company owns a copyright in the selection, coordination, arrangement and enhancement of the content submitted by users.

6.3 No downloading, copying, redistribution, retransmission, publication or commercial exploitation of any content on the Website is permissible without the express permission of the Company.

6.4 You shall not use the name, trademarks or logos of the Company without the prior written consent of the Company. Nothing contained herein should be deemed to be an assignment or transfer of any intellectual property right in your favour.

6.5 You may not decompile, disassemble, or reverse engineer the Website by any means whatsoever, or alter, modify, enhance, or create a derivative work of the Website. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices on the Website.

6.6 You agree that any user Content that you may upload on the Website shall not infringe any third party rights

6.7 When you upload or post any user Content, you grant to the Company, a worldwide, perpetual, non-exclusive, royalty-free, transferable license (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, publish and perform that user Content or any part thereof in connection with the provision of the services on the Website and otherwise in connection with the business of the Company, including without limitation for promoting and redistributing part or all of the Website, in any format whatsoever (now known or that may be invented or may be available for use in the future) and through any media channels. The license granted by you hereunder shall survive even if you delete your account on the Website or remove the user Content from the Website or otherwise stop accessing the Website.

Promotional Codes (PROMOCODE)

Starkut Media & Entertainment Pvt. Limited, at its sole discretion reserves to introduce or withdraw promotional codes (Promocodes) at any point of time to its members/subscribers or to prospective members/subscribers. These promocodes can be used to avail specific benefits related to services/discounts subject to any additional terms and conditions that the company decides on, in specific to that particular ‘Promocode’. You hereby agree that such Promocodes :

a. Will be used only for intended users of the website and for the purpose mentioned, abiding the law
b. The Promocodes cannot be transferred, sold, duplicated or circulated in any format or made available to general public
c. The Promocodes - any/all can be disabled by Starkut Media & Entertainment Pvt. Limited at any time without any prior intimation of any sort for any or no reason without any liability to Starkut Media & Entertainment Pvt. Limited
d. Cannot be exchanged for cash or redeemed for any other purpose
e. Will have an expiry date to it and number of times it can be used. It may expire prior to your use
f. Starkut Media & Entertainment Pvt. Limited reserves the right to withhold/withdraw any benefits/features obtained through the use of any promocodes by you or any other user if it is determined that the usage of promocode was not as per law, violation of terms and conditions in general or in specific to the promocodes, erroneous or fraudulent.

Payment terms

7.1 You may be required to make payments from time to time for accessing certain services of the Company as detailed elsewhere in these Terms and Conditions (eg. registering of paid accounts). Pricing of such services is subject to change at the sole discretion of the Company without any prior notice.

7.2 You may make payments by using credit cards and debit cards, Pre-Paid card. All such transactions using credit and debit cards or Pre-paid cards are processed using a third party payment gateway. The Company does not access or store your credit/ debit card/pre-paid card details, bank details or other financial information.

7.3 You agree and acknowledge that the payment process is not within the control of the Company. Accordingly, you acknowledge that the Company will not be liable for any refunds, damages, interests or claims resulting from not processing any payment or any delay in processing a payment. The Company does not take any responsibility for and shall not be liable for any debit / credit card or netbanking fraud.

7.4 You agree, understand, undertake and confirm that the credit/debit card/pre-paid card details provided by you shall be accurate and complete. You shall not use the credit card/ debit card which is not lawfully owned by you.

7.5 You shall under no circumstances reveal or disclose your financial information, including credit card, debit card or bank account details to anyone who claims to represent the Company. Further, you shall not disclose any such information as a part of the user Content.

7.6 In case of any international payments or payments other than in Indian Rupees, additional fees and/or currency conversion charges may be applicable. Such fees and/or conversion charges shall be borne by you.

No refund or cancellation

All payment obligations are non-cancellable and all amounts paid are non-refundable

Indemnity

You shall indemnify and hold harmless the Company, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions (including reasonable attorneys' fees), made by any third party or penalty imposed due to or arising out of your (i) use of the Website; (ii) breach of these Terms and Conditions and any other policy in relation to the Website; (iii) any transaction that you may enter into pursuant to use of the Website; (iv), your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Limitation of liability

10.1 In no event shall the Company, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential or punitive damages for any reason whatsoever including without limitation for those arising out of or related to: (i) your use of or reliance upon the Website, and any other content or information contained in the Website; (ii) any user Content that you post or upload; (iii) your inability to use the Website or inability to secure an opportunity from an Opportunity Provider or avail the services of a Talent ; (iv) any transaction that you may enter into pursuant to use of the Website.

Privacy policy

The Privacy Policy of the Company is available here: [Note: Please include link]. The Privacy Policy is incorporated by way of reference to these Terms and Conditions (and is deemed to a part of these Terms and Conditions). Reference to the/these "Terms and Conditions" shall also include the Privacy Policy. You hereby expressly agree and undertake to be bound by the Privacy Policy. If you do not agree to be bound by the Privacy Policy, please do not install or otherwise use the Website.

Electronic communication

The Company may correspond with you electronically by sending e-mails to you or otherwise posting messages/ notifications via the Website. You understand and acknowledge that electronic transmission of information on the internet or otherwise has inherent risks and that such communications may be lost, delayed, intercepted, corrupted or be otherwise altered, rendered incomplete or fail to be delivered. You further understand and acknowledge that electronic transmission of information cannot be guaranteed to be secure or error-free and its confidentiality may be vulnerable to access by unauthorised third parties. The Company shall have no responsibility or liability to you on any basis in respect of any error, omission, claim or loss arising from or in connection with the electronic communication of information to you (or your reliance on such information).

Force majeure

The Company shall be excused from performance under these Terms and Conditions, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (i) acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes; (iv) labour strikes; (v) error or disruption to computer hardware or networks or software failures; or (vi) any other causes (whether similar or dissimilar) beyond the reasonable control of the Company.

Assignment

You shall not assign these Terms and Conditions, or any rights, benefits or obligations hereunder without the express written permission of the Company. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. The Company may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion.

Entire agreement

The Terms and Conditions, including the incorporated Privacy Policy and other terms incorporated by reference, constitutes the entire agreement and understanding between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to such subject matter.

Amendment

The Company reserves its right at all times to modify any part of these Terms and Conditions at its sole discretion. You agree to revisit the Terms and Conditions regularly to ensure that you stay informed of any changes. Your use of the Website after the Company updates the Terms and Conditions will constitute acceptance of the modified Terms and Conditions.

Headings

The descriptive headings of Clauses are inserted solely for convenience of reference and are not intended as complete or accurate descriptions of content thereof and shall govern the interpretation of the provisions of these Terms and Conditions.

Waiver

The failure of the Company at any time to require observance or performance by you of any of the provisions of these Terms and Conditions shall in no way affect the Company's right to require such observance of performance at any time thereafter, nor shall the waiver by the Company of a breach of any provision hereof by you be taken or held to be a waiver of any succeeding breach of such provision. A waiver of any of the provisions herein by the Company shall not be deemed to be a continuing waiver, but shall apply solely to the instances to which the waiver is directed.

Severability

Each and every obligation under these Terms and Conditions shall be treated as a separate obligation and shall be severally enforceable as such and in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of these Terms and Conditions are unenforceable, the Company may amend such clauses as may be necessary to make the provision or provisions valid and effective. Notwithstanding the foregoing any provision which cannot be amended as may be necessary to make it valid and effective, may be deleted by the Company from these Terms and Conditions and any such deletion shall not affect the enforceability of the remainder of this these Terms.

Governing law

These Terms and Conditions (including the incorporated Privacy Policy) shall be governed by the laws of India.

Dispute resolution

11.1 In the event of any dispute or difference between you and the Company arising out or in any way relating these Terms and Conditions (and/or the Privacy Policy), the same shall be referred to arbitration to be conducted by a sole arbitrator appointed by the Company. The arbitration proceedings shall be conducted in Mumbai, in accordance with the provisions of the Arbitration and Conciliation Act, 1996.

11.2 Subject to the arbitration provisions above, the courts in Mumbai shall have exclusive jurisdiction in relation to these Terms and Conditions (and/or the Privacy Policy).