Content on the Site
You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not StarClinch, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the StarClinch Services. We do not control the Content posted through the StarClinch Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the StarClinch Services are not necessarily those of StarClinch or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that by using the StarClinch Services you may be exposed to Content that is offensive, indecent or objectionable. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the StarClinch Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the StarClinch Services.
Responsibility for Your Content (Artist Content)
Because StarClinch does not permit infringement of intellectual property rights through the StarClinch Services, we will remove all Artist Content if properly notified that such Site Content or Artist Content infringes on another’s intellectual property rights and at our sole discretion.
StarClinch does not endorse any Artist Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Artist Content. You agree that you will not submit Artist Content that violates the Rules, found or material contrary to applicable local, national, and international laws and regulations.
Artist Content: Ownership & Licenses
Permitted Use of Content
The content associated with the StarClinch Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like (“Site Content”) and the trademarks, service marks, trade names and logos contained therein, except all Artist Content, are owned by or licensed to StarClinch, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, StarClinch does not grant you any express or implied rights, and all rights in and to the StarClinch Services and the Site Content are retained by StarClinch.
Intellectual Property Rights
Subject to aforesaid, it is hereby specifically recorded that the content available through the StarClinch Service is the sole and exclusive property of StarClinch or its licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trade marks, trade names, trade dresses, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of StarClinch. The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of Member and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of StarClinch.
KINDLY NOTE THAT STARCLINCH PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the Website and that you provide to other Members. Your StarClinch profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and StarClinch assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by StarClinch by any person, please contact StarClinch Web Admin.
Copyright Infringement Policy
In accordance with the Indian Copyright Act and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any StarClinch member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us.
In order to participate in the StarClinch Services, you must create an account and become a StarClinch Artist or StarClinch Client (collectively “Members“). All members will receive a password and are responsible for maintaining confidentiality of such password. Each member’s right to use the StarClinch Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify StarClinch of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.
You, as an Artist or Client, expressly agree:
- to provide StarClinch with accurate, complete and updated registration information;
- that Company has the right to suspend and/or terminate your account and refuse any and all current or further use of the StarClinch Services if the Company determines, in its sole discretion, that any information you provided is untrue, inaccurate, not current and/or incomplete;
- to not approach, engage, solicit, make or accept any offers and/or otherwise deal with any each other directly or indirectly, without StarClinch’s involvement for any event undertaken by the Client
- to protect your username and password at all times;
- to notify Company immediately of any unauthorized use of your account or any other need to deactivate your username and/or password due to security concerns;
- that Company shall not be responsible for unauthorized access to or alteration of your data; and
- that any Content you submit or have submitted to Company in physical form (e.g. compact discs, DVDs, photographs, etc.) shall not be returned to you and shall become the exclusive property of Company, unless otherwise agreed to in writing by Company.
Your username and password are personal to you and under no circumstances may you allow any others to use your username and/or password. We are not liable for any harm caused or related to the theft or misappropriation of your username and/or password, disclosure or your username and/or password, or your authorization of anyone else to use your username and/or password. From time to time, the Company may find it necessary to access your account. For instance, the Company may access your account for support, maintenance or security-related reasons. You acknowledge and consent to such access. Furthermore, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
- Act as an agent, affiliate or representative of the StarClinch Services and utilize the StarClinch Services or Artist Content or Site Content for any commercial purpose other than for which the StarClinch Services is intended without our express written permission,
- Access, monitor or copy any content or information of the StarClinch Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
- “Frame,” “mirror” or otherwise incorporate any part of the StarClinch Services into any other website without our prior written permission.
- You agree not to use the StarClinch Services for any commercial use, without the prior written authorization of StarClinch. Prohibited commercial uses include any of the following actions taken without our express approval:
- Sale of access to the StarClinch Services on another website,
- Use of the StarClinch Services for the primary purpose of gaining advertising or subscription revenue,
- Sale of advertising on the StarClinch Services or any third-party website, targeted specific Artist Content or Site Content, and
- Use of the StarClinch Services that we find, in our sole discretion, to use our resources or Artist Content with the effect of competing with or displacing the market for the StarClinch Services, Site Content, or Artist Content.
Unauthorized commercial uses do not include uploading Artist Content to the StarClinch Services to promote your business or artistic enterprise, or any use that StarClinch expressly authorizes in writing.
In addition, the following behaviours or activities are strictly prohibited when using the StarClinch Services by any member or StarClinch Services user:
- Strong, vulgar, obscene or otherwise harmful language,
- Racially, ethnically or otherwise, objectionable language,
- Harassing, intimidating, stalking or threatening other StarClinch members,
- Libellous, defamatory or otherwise tortious language,
- Online vandalism,
- Impersonation of another person,
- Posting, distributing, transmitting or promoting illegal Content,
- Invasion of another’s privacy,
- Actions that are hurtful to minors,
- Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
- Posting, providing, transmitting or otherwise making available any junk mail or spam, and
- Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the StarClinch Services.
Fees and Terms
When you register as an Artist / Client, from time to time, StarClinch allows creation of the profile and access to StarClinch Services at such charges as provided in their engagement terms contained in the Terms and Conditions for Artist and Clients prevailing at the time of registration. StarClinch promotes the Artist via their profiles as maintained by them on StarClinch.com to its Client registered with it, and thereby provide work to Artist (model, actor, actress, entertainer) through StarClinch.com, but there is no guarantee whatsoever to get any assignment. If any Client selects any Artist for performance in their respective service categories listed on the Website, StarClinch will contact such Artist thereabout and offer the assignment.
We will charge 10% of the remuneration received by the Artist towards the assignments which the Artists get through us as our service fee. Notwithstanding anything contained herein StarClinch does not guarantee you any work for that matter.
The Client(s) and Artist(s) registered with StarClinch are prohibited to make any direct deal amongst themselves without the prior permission of StarClinch. In the event of any such engagement between the Artist and the Client where StarClinch has not been involved if found at later stage, each of the Artist and Client shall be liable to pay StarClinch a penalty of INR 750,000 which each party acknowledges as reasonable and justified compensation to StarClinch for breach of contract.
Termination of Service
The StarClinch Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that StarClinch is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
Children / Minor Policy
StarClinch is a registered trademark and logo. You agree that all StarClinch’s trademarks, including StarClinch trade names, service marks, logos and service names are trademarks and the property of StarClinch. Without our prior permission, you agree not to display or use in any manner any StarClinch mark. All trademarks included in the StarClinch Services not owned by StarClinch are the property of their respective owners. Nothing contained on the StarClinch Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
Disclaimer of Warranties / Limitation of Liability
You understand and agree that the StarClinch Services are provided “AS-IS” or “AS AVAILABLE,” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Model Mayhem Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.
We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, StarClinch members or users of the StarClinch Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.
If you promote a contest, sweepstakes or giveaway on StarClinch without our express, advanced approval, you do so at your risk and you assume all risk and liability. You further agree to hold StarClinch harmless from any claim, demand or damages.
StarClinch shall not be liable for your interactions with any organizations and/or individuals found on or through the StarClinch Services. This includes but is not limited to performance of services by the Artists, payment by Client, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that StarClinch is not responsible for any damage or loss incurred as a result of any such dealings.
If there is any claim or dispute about or involving the StarClinch Services, you agree that the claim or dispute will be governed by the laws of India, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the courts located in the Delhi, India with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue. The StarClinch Services are controlled and offered by StarClinch in the India and we make no representation that materials associated with the StarClinch Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the StarClinch Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the Starclinch engagement terms with its Artist and Client, as applicable) constitutes the complete and exclusive agreement between StarClinch and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
The Terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the StarClinch Service or information provided to or gathered by us with respect to such use.
This Agreement or any other communication in electronic form or printed shall be admissible in judicial or arbitration proceedings as if produced in printed form.