Actors Apply Web Site is owned, maintained and operated by Abson Career Management Pvt. Ltd (
Website) and is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. Visitors to Actors Apply Web Site are granted a nonexclusive, limited and revocable license to use and access the content and opportunities/services offered in accordance with these Terms and Conditions (the
BY YOUR POSITIVE ACTS OF ACCESSING ACTORS APPLY WEBSITE AND USING ACTORSAPPLY SERVICES (
ACTORS APPLY SERVICES), YOU (
User) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (THE
TERMS OF SERVICE
). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS ACTORSAPPLY WEBSITE OR USE ACTORSAPPLY SERVICES. For the sake of clarity any individual reference to ACTORS APPLY SERVICES shall mean and deem to include the Website and vice versa.
Personal Use Only
1. This Website: ActorsApply.com found at the uniform resource locator (URL) id - www.ActorsApply.com - has been set up, operated, promoted, and is maintained, by Abson Career Management Pvt Ltd. (herein after referred to as
ACMPL/Actors Apply)which term shall, for the purposes hereof, be deemed to include its subsidiaries, affiliates, partners, shareholders, directors, executives, officers, employees, agents, attorneys, accountants and any person vested with any responsibility for any task relating to the affairs of the company), with its registered office currently located at Andheri (west), Mumbai.
2. No Guarantee: The Actors Apply Services and/or Website are made available and are intended only to serve as a preliminary medium of contact and information for its Users / members / visitors who have a bona fide intention to enter into a prospective professional alliance. Actors Apply Services are being provided solely for your personal use to submit information and avail opportunities presented by the Website for featured professional work which does not make any express or implied guarantee of casting opportunity and/or audition. You may not use the Actors Apply Services to sell a product or any other service.
3. Limitation on Liability: ACMPL presumes that each and every single member / User / visitor who logs on to the Website has an intention to enter into a prospective professional alliance with each other. You understand that ACMPL does not conduct criminal background checks or screenings on its users, inquire into the backgrounds of all of its users, attempt to verify the statements of its users or makes no representations or warranties as to the conduct of Users with any current or future users and that you shall be solely responsible for your interactions with other users. Under no circumstance shall ACMPL, its affiliates or its partners be liable (directly or indirectly) be responsible/liable for any loss or damage whatsoever to any individual whether direct, indirect, general, special, compensatory, consequential, and/or incidental:
a) Resulting from use of the Website or the Actors Apply Services and / or any content posted on the Website or transmitted to Users / members / subscribers. The visitation of the profile(s) through or by any casting director/third party or by ACMPL should not in any way be construed as an offer and/or recommendation from or by ACMPL / casting director / third party;
b) arising out of or relating to any information posted by the Users/members in the web site, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
c) arising in/out of, or subsequent to, any professional relations established pursuant to use of the Actors Apply Services provided by ACMPL;
d) any interactions/ passing of information(s) etc. between any user / member / visitor via e-mail, chat or any other medium with another member / user / visitor which results into any unwarranted gestures and demands, solicitation, vulgar and obscene requests (e.g. casting couch request), uncomfortable physical advancement, ogling, immoral activities/compromises, outraging modesty, seduction etc;
e) arising out of or relating to the conduct of you or anyone else in connection with the use of the Actors Apply Service/ Website including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Website;
f) arising out of or relating to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of User and/or member communications;
g) arising out of or relating to any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting from participating or downloading materials /information from the Website;
h) in respect of any reliance placed on any information displayed / placed on the Website, since the same purports merely to act as indicators of the general scenario;
i) in case of unauthorised copying/ printing/ publication/forging/ superimposing /manipulating, etc. or misuse of such public information / photograph of the member/User so displayed in the Website by any User/ member/ visitor;
j) arising out of or relating to improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line;
k) in respect of any suit or complaint, civil, pecuniary or criminal, and against any claims or damages (including, without limitation, interests, fines and penalties) which may be brought against or levied on ACMPL on account of any matter arising out of, or relating to the listing of your profile, or a business or personal listing or a link, or any content or listing, on Website posting / listing or response received from such posting/listing.
4. Data Collection: ACMPL collects information / data including but not limited to user e-mail id, mail address, first name, last name, videos, audios, photographs, telephone number, date of birth, age, gender, ethnic background, appearance, religion, occupation, preferences, life style information, general geographical location and certain other information from its Users in order to create your unique profile which is entered in the programme especially devised for viewing profiles. The said programme enables the provision of appropriate results for the Users based on their requirements/criteria. However, ACMPL does not collect financial information such as credit card/debit card numbers/bank accounts numbers etc. and certain private information is only displayed after taking prior consent of the Users.
5. Use of Content: With respect to the Content that you post/ advertise in any public area of ACMPL/ submit or make available for inclusion on publicly accessible areas of the Website including but not limited to your contact details, you hereby automatically grant, represent and warrant to ACMPL that you unconditionally and irrevocably grants perpetual, non-exclusive, worldwide license to use, distribute, reproduce, modify, adapt, publicly display such Content on the Website and to Actors Apply members from time to time and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. However, ACMPL does not sell, rent, share, trade or give away any of your personal information except which is displayed and intended to be shared by its users / members / visitors including photographs displayed on Website.
ACMPL shall have the exclusive right to use and to license the use of User's name, sobriquet, pseudonym, photograph, likeness, videos, voice and/or caricature in connection with the Website and the advertising, publicising, marketing and promoting in any manner in all media and by any means now known or invented in the future and in connection with commercial advertising and publicity tie-ups.
6. User Undertaking: You hereby undertake and acknowledge:
a) that use of the ACMPL Service is solely at your cost and risk;
b) that using content from Website for creating derivative works with a commercial motive without prior written consent from ACMPL is strictly prohibited;
c) that you shall take adequate precautions with the full and complete knowledge that all information contained on the Website has been placed there directly by Users to the Website without any prior intimation, consent or verification of or by ACMPL;
d) to use Website or ActorsApply Services for your personal purposes only;
e) that you agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another user;
f) in case of a casting director posting information relating to the casting on the Website, the casting director shall be solely responsible for all such information, proprietary or otherwise, and if there is any claim against ACMPL with regards to such information then the casting director shall solely defend such a claim;
g) You should not provide your financial information (for example, your credit card or bank account information), or otherwise send money, to other users;
h) You are advised to conduct your own due diligence, in respect of the Website content sought to be taken advantage of, at your own initiative, cost and effort.
7. User Restrictions: The User / subscriber / visitor to the Website is prohibited from uploading, posting, transmitting, updating or sharing any information that:
a) belongs to another person and to which the user does not have any right to;
b) is grossly 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; harm minors in any way;
c) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
d) displays nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photographs, visuals, audio-visuals or other content on the Website;
e) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
f) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
g) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
h) infringes any patent, trademark, copyright or other proprietary rights;
i) violates any law for the time being in force;
j) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person;
k) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
8. Accuracy of Information: ACMPL does not:
a) authenticate, vet, screen, endorse or investigate any information or assertion or any other content on the Website, nor does it in any manner whatsoever certify or attest the same to be correct or true;
b) advise / recommend its users / visitors to establish any contact / interaction with any other user / member / visitor or any such profile(s) as displayed in the Website based on the data / information as furnished in such users profile / photograph etc. and the user / visitor opting to build contact or interact shall do it solely at your own risk;
c) take any responsibility or endorse the authenticity of the other online services linked with ACMPL which may offer various services and does not suggest/encourage any of its users/members to furnish personal information and specially the Profile ID / User Name of our Website to such or any other website(s).
9. Reservations: ACMPL reserves the absolute right to:
a) modify or amend or delete, in any manner as it deems fit, any content placed on the Website in order to ensure compliance with the rules of such placement (which may include, without limitation, the efforts and initiatives by ACMPL to maximize response), prima facie accuracy and the prevailing laws in force for the time being, especially those relating to prohibition of any indecent, unlawful or obscene content;
b) delete/ deactivate on finding multiple profiles of the same person;
c) bar any bogus profiles;
d) investigate and take appropriate legal action without limitation at its sole discretion against any user / member / who violates / misuses the on-line services and terminating the membership/subscription of such violators without prior intimation who utilise this website in any manner which brings into disrepute or impairs the interests and functioning of our Website or ACMPL;
e) monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its subscribers;
f) impose restrictions on the user account which include but may not be limited to preventing the user from making multiple contacts on receiving any incriminating evidence/complaint against any of its users from other members/users/visitors of the site or if ACMPL, through data available to it from its servers, suspects misbehaviour on any user's part;
g) assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ACMPL in asserting any available defences;
h) refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or violating any provision of law.
10. Payments and Payment Gateways: Payments for the Actors Apply Premium Services offered on/by the Website shall be on a 100% advance basis which are non-refundable and any amount paid shall stand appropriated. Any refund shall be at the sole discretion of ACMPL and it offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
ACMPL uses utmost care to maximise security for all or any data / information inclusive of the financial information of a user (such as credit card/debit card/internet banking data) by ensuring that all such online payment transactions are carried out directly on the secured platforms of third party payment gateways and not on Actors Apply Website. Any failures in these gateways would be communicated to the users as it is. Extra currency/conversion charges/deductions/error issues from payment gateway shall not be the responsibility of our Website/ACMPL.
11. Confidentiality: You i.e
User are solely and exclusively responsible for maintaining confidentiality of the User password and User identification and/or any other information which has been specifically mentioned by ACMPL as confidential.
12. Service Levels: ACMPL provides the service on an
as is basis and despite taking reasonable steps, ACMPL does not warrant that the Actors Apply Services will be uninterrupted or error-free. ACMPL does not warrant that the Actors Apply Services will be uninterrupted or error-free. ACMPL provides the service on an
as is basis. However, ACMPL will take all reasonable steps to provide its users with error free, uninterrupted user experience. There may be delays, omissions, and interruptions in the availability of the Actors Apply Services. The user/member acknowledges that use of the Service is solely at their cost and risk. ACMPL is not responsible for suspension of the Service, irrespective of the reason for such interruption / suspension. ACMPL may discontinue or change the Actors Apply Services or its availability at any time, and the User is also free to stop availing the Actors Apply Services at any time.
13. Copyrights: ACMPL has complete rights in the Website and Actors Apply Services. The Website may contain copyrighted material, trademarks, and other proprietary information of its owners and its licensors. Except for that information which is in the public domain or for any other information/display for which permission have not been obtained from ACMPL, ACMPL reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement of the said proprietary rights for illegal copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information. ACML may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by ACMPL and shall not copy, transmit or create derivative works of such material without express authorization from ACMPL. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
14. Indemnity: You agree to indemnify and hold harmless ACMPL and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from
(i) any of your User submissions;
(ii) your exercise of any of your rights granted under the subscription without your compliance with your responsibilities set forth in these Terms and Conditions;
(iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms and conditions;
(iv) your violation of any person's intellectual property, privacy, publicity or other right;
(v) the violation of any Applicable Laws and/or these Terms and Conditions by you and/or anyone using your registered account to access and/or otherwise use the Website (in whole or in part); or
(vi) your wilful misconduct or the wilful misconduct of anyone accessing the Website through your registered account, in connection with your (and/or such other person's) use of the Website (in whole or in part). This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.
15. Severability: Severability: If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
16. Breach and Termination: ACMPL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to the Website (or any part thereof) and/or take down any content uploaded by you or ACMPL for any reason, including, without limitation, that ACMPL based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. ACMPL shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, become dissatisfied with the Actors Apply Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Actors Apply Service; and (b) notify ACMPL of such discontinuance.
Upon termination of the Service, User's right to use the Website/Actor Apply Services and software shall immediately cease. The User shall have no right and ACMPL shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Actors Apply Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
Without prejudice to the other remedies available to ACMPL under this Agreement, or under applicable law, ACMPL may limit the User's activity, or end the User's listing, warn other Users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the Website if:
(a) the User is in breach of this agreement, the terms of service and/or the documents it incorporates by reference;
(b) ACMPL is unable to verify or authenticate any information provided by the User; or
(c) ACMPL believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Website and/or ACMPL.
ACMPL may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended the user may not register or attempt to register with ACMPL or use the Website in any manner whatsoever until such time that the User is reinstated by ACMPL. Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, ACMPL reserves the right to recover any amounts due and owing by the User to ACMPL and/or the service provider and to take strict legal action as ACMPL deems necessary
17. Disclaimer of Warranties: ACMPL disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Actors Apply services search results. ACMPL disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ACMPL disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the actors access Actors Apply Services.
18. Governing Laws and Dispute Resolution: This Agreement is made under and shall be construed in accordance with the laws of India. The exclusive jurisdiction for all claims, litigations, and actions related to or arising out of this Agreement shall be dealt by the Courts in Mumbai (Maharashtra).