TERMS AND CONDITIONS:
The Platform is currently owned, operated and controlled by Vircorn Technologies Pvt. Ltd.
(i) you are either a Model, Actor, Production House or Modelling Agency (hereinafter referred to as the “User”)
Below are our detailed terms and conditions that you must read and accept before accessing or using our platform.
DESCRIPTION OF THE APPLICATION AND SUBSCRIPTION FEE
You agree that: (i) the Platform shall be deemed solely based in India; (ii) all use of and benefits from the Platform shall be deemed to be received or enjoyed solely within India. The Company controls and operates the Platform and makes no representation that the contents of the Platform are appropriate or available for use outside of India. If you use the Platform from a location outside India you are responsible for compliance with applicable Indian Laws.
The Platform contains content including but not limited to text, graphics,photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, "Content") that is accessible by Users. The Platform may also offer emails and chats to Users to communicate with each other. The creation of a user account shall be mandatory in order to use the Platform. Further, certain contents and services of the Platform may only be accessed through purchase or paid subscription. We refer to the paid services available on or through the Platform as has been further elaborated in Section 10 below.
The Company owns, operates, licenses, controls, and provides access to the Platform. You acknowledge and agree that the Company and its licensors, retain all right, title and interest in and to all past, present and future Content, (excluding User Provided Content, i.e., materials, photographs, portfolios that Users upload to their profiles), applications, software, content and materials provided on or through the Platform (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Platform the compilation of all content and materials on the Platform and the business process, procedures, methods and techniques used in the Platform) and all associated copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
“FirstCut” and the “Clap board” logo are the registered trademarks of Vircorn Technologies Pvt. Ltd., and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Platform are the property of the Company unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. The Company’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages the Company and/or its name, image and goodwill.
USER PROVIDED CONTENT
Portions of the Platform may allow you to upload or transmit audition tapes,data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Platform ("User Provided Content"). For User Provided Content (such as portfolios, announcements etc), the Company is merely hosting and providing access to the same to its different Users.
The decision to submit User Provided Content to the Platform is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. Be aware that content belongs to the creator of that content and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, you represent, acknowledge, and warrant (i) that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), (ii) that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (iii) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Platform on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of the Company, you agree to furnish the Company with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
The Company does not vouch for the validity, accuracy or credibility of any User Provided Content on the Platform, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Platform. Through your use of the Platform you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues and foreign nationals. The Company does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Platform, you assume all associated risks, and the Company expressly disclaims any and all liability in connection with User Provided Content.
In addition to the above, you grant to the Company, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that the Company may publish or otherwise disclose your name in connection with your User Provided Content.
You acknowledge, consent and agree that the Company may access,preserve and disclose account information and User Provided Content that you provide if the Company is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Service, (iii) respond to claims that any User Provided Content violates the rights of third parties, (iv) respond to your requests for customer services, or (v) protect the rights, property or personal safety of The Company, its employees, partners and agents or members of the public.
The Company shall not entertain any request for reimbursement of submitted auditions in case there is any change in listing on the platform and the Company shall not take any onus of notifying the use of any change of listing in any circumstances.
You are solely responsible for all User Provided Content that you make available via the Platform. Under no circumstances will the Company be liable to you in any way for any User Provided Content that you upload, post, or otherwise make available via the Platform, including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Uploaded Information. In addition, you hereby release the Company from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted by the Agreement, the Company acquires no title or ownership rights in or to any User Provided Content you submit and nothing in the Agreement conveys any ownership rights in the User Provided Content you submit to the Company.
The Company shall display the listing and any rejection of the application shall be intimated personally to every user on the production dashboard on the platform.
RESTRICTIONS ON USE
The Platform is provided for lawful purposes only. By accessing or using the platform, you agree and warrant that in connection with your use of the Platform you will not:
COPYRIGHT, TRADEMARK AND CELEBRITY MATERIAL INFRINGEMENT
In operating the Platform, the Company acts as an independent unit facilitating the interaction and network between Models/Actors and Production Houses and Modelling Agencies. Our services are solely limited to providing a common platform where the Users can come together and access each other’s services. We shall however, retain any and all copyright, trademark and other derivative rights in and to any audition tapes that may be posted onto the Platform in response to an announcement for an audition and the Users must contact and receive express permission from the Company before utilizing such tapes for any and all purposes.
To submit an infringement notification, you must be the copyright or trademark owner or celebrity concerned or an authorized agent of the copyright or trademark owner or celebrity (as the case may be), and must provide the Company with the following information:
The Company should be contacted via email at firstname.lastname@example.org. Company 's response to notices of alleged infringement may include the removal or restriction of access to allegedly infringing material. If we remove or restrict access to user content in response to a notice of alleged infringement, the Company will make a good faith effort to contact the affected account holder with information concerning the removal or restriction of access, along with instructions for filing a counter-notification (as applicable).
The creation of a User account is mandatory in order to avail the features and services provided on the Platform. The Sign-Up and Login feature shall be identical for Users who are Models/Actors and Users that are Production Houses/Modelling Agencies.
(i) select or use a name of another person with the intent to impersonate that person;
(ii) use the rights of any person without authorization; or
(iii) use a name that the Company, in its sole discretion, deems inappropriate. You agree that any information that you provide to the Platform, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Platform, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Platform using your name, user name or password in whole or in part.
SUBSCRIPTION AND PAYMENTS TERMS FEE
I. The Company offers month-to-month, semi-annual (6 month) and annual (12 month) subscriptions on FirstCut. The length of the subscription period is to be selected by you during the enrollment process.
When you initially subscribe to the Paid Services, your credit or debit card will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription period. When you initially subscribe to a free trial of the Paid Services, you will not be charged for the initial term of the free trial. Unless you notify The Company of your decision to terminate your subscription or, as applicable, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee.
You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date (the "Billing Date"), which will be the corresponding monthly, semi-annual or annual anniversary of the activation date of your subscription. If, however, the activation date of your subscription (or, as applicable, your free trial) is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Billing Date applies to the subscription period immediately following the Billing Date (e.g., a charge for a monthly subscription applies to the month immediately following the Billing Date). You understand that any applicable sales or use taxes will be payable by you, and may be included in each periodic statement.
The Company, may, in its sole discretion, suspend access to your account or deactivate your account without notice to you if the Company is unable to process your payment or if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on the Platform.
VI. Opting Out of Renewal
YOU MAY TERMINATE ENROLLMENT IN AUTOMATIC RENEWAL AT ANY TIME BY EMAILING THE COMPANY AT email@example.com. YOUR SUBSCRIPTION SHALL BE DEEMED TERMINATED ON THE LAST DAY OF THE THEN IN EFFECT SUBSCRIPTION PERIOD. YOU AGREE THAT EXCEPT AS PROVIDED HEREIN, THE SUBSCRIPTION FEE IS NON-REFUNDABLE ONCE PAID. Unauthorized Charges: YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
VII. Billing Discrepancies: Unless you notify The Company of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release The Company from all liabilities and claims of loss resulting from any such error or discrepancy.
VIII. Fees Subject to Change: The Company may change the fees and charges then in effect by giving you notice in advance or by posting the changed fees online at www.firstcut.co.in/terms. It is your responsibility to check the current fees. All fees and charges incurred in connection with your user name(s) and password(s) will be billed to the credit or debit card you designate during the registration process. If you want to designate a different credit or debit card or there is a change in your credit or debit card validity or expiration date, you must update your information through your account settings on The Company’s Platform.
IX. Cancellations and Refunds: You may cancel a free trial at any time during the free trial period and incur no charge. After the free trial is complete, you will be charged at the rate and schedule selected when you enrolled in the trial. Monthly subscriptions are not eligible for a refund, but can be cancelled to prevent additional future charges. For all initial purchases of subscriptions longer than one month, you may cancel prior to renewal to prevent future renewal charges; or cancel during the first five (5) days after renewal to remain eligible for a full refund on the renewal payment. If your subscription begins with a free trial and converts into an annual subscription, the five-day refund period begins once the free trial ends. If the cancellation occurs after the first five days or if the charge was for a monthly subscription, you will not receive a refund. For all renewals of subscriptions longer than one month, you may cancel within five days of the renewal date and receive a full refund; cancellations made after this period are not eligible for a refund. Monthly subscriptions (both initial subscriptions and renewals) may be cancelled at any time but you will not receive a refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Website until your subscription expires. Cancellations may be made by emailing firstname.lastname@example.org. All refunds will be given to the original credit or debit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
Equipment and Internet Access.
You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the platform. You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Platform through an Internet access provider or other third-party service, including any applicable taxes
Modification or Termination of the Platform:
The Company reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently the Platform or any part thereof, with or without notice and in its sole discretion. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of its Services.
You hereby acknowledge that the Company, in its sole and absolute discretion, has the right to delete, terminate or deactivate your account, block your email or IP address, cancel the Application or otherwise terminate your access to or participation in the use of the Platform, or remove or guard any content on the website, immediately and without notice for any reason, including without limitation, account inactivity, or if the Company has the reason to believe that you have violated any provision of the Agreement.
Upon termination of your Account, your right to participate in the Platform, including but not limited to, to offer or avail of Services shall automatically terminate. In the event of termination, your account will be disabled and you may not be granted access to your Account or any files or other data contained therein. Notwithstanding the above, residual data may remain in and with the Company system. Upon Termination of your account, all licenses granted to you hereunder, will immediately terminate and you shall promptly destroy all copies of the Company’s data, marks and other content in your possession or control.
Limitation of Liability; Exclusive Remedy.
You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to and shall defend, indemnify and hold harmless the Company, its affiliates, subsidiaries, officers, directors, employees, and agents from any claims and expenses, including reasonable legal fees, related to any breach of this Agreement by you or your use of the Platform or any Content.