These terms of use and conditions (“Terms and Conditions”), apply to the entire contents of the “Artist Profile Registration” (the “APR”) under the domain name www.dwp.in (the “Website”), including any functionality and services offered on or through the APR, to any software, or mobile applications provided by the Website, and to any correspondence by M/s. Dream Warrior Pictures , an Indian partnership firm (together with its partners, subsidiaries, affiliates, officers, managers, members agents and employees, “DWP”), you and any other users of the APR (individually, a “User”, and collectively, “Users”). Please read these terms and conditions carefully before using the APR. Please also review our Privacy Policy and Terms of Use, which also governs your visit to the Websites, to understand our privacy practices.

1. Introduction and Acceptance of Terms and Conditions

By visiting or using the APR, including access or use through a computer, mobile device or mobile application, you accept and agree to be bound by these Terms and Conditions and the Website’s Privacy Policy and Terms of Use regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use the APR.

You affirm that you are either more than eighteen (18) years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions and the Website’s Privacy Policy and Terms of Use, and are not a person barred from using the Website under the laws of India or other applicable jurisdiction.

Users under the age of eighteen (18) (a “Young User”) are expressly prohibited from using the APR Services. Young Users who would like to participate in the APR must have their parent or legal guardian (a “Parent Registered User”) register to use the APR, using the Parent Registered User’s name, contact and email information, and consent to and upload the Young User’s information to the APR. Parent Registered Users are responsible for directly engaging with the APR Services on the Website and thereby use of the Website on behalf of the applicable Young User.

For purposes of these Terms and Conditions, Parent Registered Users and their Young Users are deemed to be Users as used in these Terms and Conditions. By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept these Terms and Conditions and any applicable additional terms in their entirety on behalf of yourself and your Young User whether or not you use any of the Website. You further understand and agree that you will ensure your Young User’s compliance with these Terms and Conditions and that you are responsible for any noncompliance by your Young User.

If you are a Parent Registered User, you also agree that you are responsible for using and monitoring the account on behalf of your Young User.

If a parent or guardian believes that the APR has collected information of a child under the age of eighteen (18) if they reside in India, without proper consent, please contact DWP at mail@dwp.in.

DWP may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the APR thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the APR. Your continued use of the APR following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

2. APR Content Services

The APR contain content including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings and data (collectively, “Content”) that is accessible by Users. The APR may also offer casting notices, forums, bulletin boards, blogs or other interactive areas for Users and the information therein is also considered Content. The creation of an user account or registration may be required for the use of the APR. All Content, may include facts and recommendations of or concerning individuals, or projects affiliated with DWP.

The APR provides a venue for Users to for encounter casting notices and other movie related opportunities. DWP is only responsible for those express and overt communication that arises from DWP to the User with respect to any opportunity advertised on the APR, and, DWP is not responsible for any employment, hiring, or salary decisions made on your own by you or anyone else using or registering yourself on the APR.

3. Proprietary Rights

DWP owns, operates, licenses, controls, and provides access to the APR. You acknowledge and agree that DWP, and its licensors, retain all right, title and interest in and to all past, present and future Content including User Provided Content (as defined below), applications, software, content and materials provided on or through the APR (including, without limitation, sensitive personal data 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 APR, the compilation of all content and materials on the APR, and the business process, procedures, methods and techniques used in the APR) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.

DWP and the DWP logo are the registered trademarks of M/s. Dream Warrior Pictures 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 APR are the property of M/s. Dream Warrior Pictures unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. DWP’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 DWP. All rights are expressly reserved.

4. User Provided Content

The APR may allow you and other Users to upload or transmit data(including sensitive personal data), information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the APR portal (“User Provided Content”). For example, the APR may offer forums, bulletin boards, blogs or other interactive areas. The type and amount of information collected will depend on how you as an User use, opt-in or participate in our products and/or services.

The decision to submit User Provided Content to the APR is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. By submitting User Provided Content, you represent, acknowledge, and warrant (a) 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), (b) 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 (c) 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 APR 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 DWP, you agree to furnish DWP with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.

DWP shall not be made liable for the validity, accuracy or credibility of any User Provided Content, and does not take any responsibility or assume any liability for the User Provided Content on the APR. By using the APR, you assume all associated risks, and DWP expressly disclaims any and all liability in connection with User Provided Content.

In addition, you grant to DWP, 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 DWP may publish or otherwise disclose your name in connection with your User Provided Content.

You acknowledge, consent and agree that DWP may access, preserve and disclose account information and User Provided Content that you provide if DWP 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 and Conditions, (iii) respond to claims that any User Provided Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of DWP, its employees, partners and agents or members of the public.

DWP undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the APR. You acknowledge, consent and agree that DWP, at its sole discretion and without notice to you, may review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, for any reason whatsoever, including but not limited to User Provided Content that DWP deems obscene, defamatory or libellous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that DWP believes to be in violation of these Terms and Conditions.

You are solely responsible for all User Provided Content that you make available via the APR. Under no circumstances will DWP be liable to you in any way for any User Provided Content that you upload, post, or otherwise make available via the APR 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 Provided Content. In addition, you hereby release DWP 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 non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in these Terms and Conditions, DWP acquires no title or ownership rights in or to any User Provided Content you submit and nothing in these Terms and Conditions conveys any ownership rights in the User Provided Content you submit to DWP.

5. Limited License

Subject to your compliance with these Terms and Conditions, DWP grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:

1. Create profile page on APR;
2. Participate in the APR’s community area; and
3. Download the Content contained on the Website onto a computer or other personal electronic device for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein.

In addition to the foregoing, you may not use the Content for development of data-related products or services, the creation of any database product, or for data provision services. Unless separately and specifically licensed to do so in writing by DWP, you agree not to re-transmit, disclose or distribute any Content to any other person, organization or entity. You expressly agree that the Services and Content shall be used solely for your own benefit and that the Content (including print publications, if applicable) shall not be redistributed or republished by you. You understand and agree that the features of the Services are subject to change without notice to you.

You may not take any action to jeopardize, limit or interfere with DWP’s ownership of and rights with respect to the APR or any Content. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any Content, or any other use of such Content, except pursuant to the foregoing express limited grant of rights, is strictly prohibited. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You acknowledge that any unauthorized copying or unauthorized use of the APR or of any Content is a violation of these Terms and Conditions and is strictly prohibited. Violation of this limited use license may result in immediate termination of your access and use of the APR and may result in legal action against you.

6. Restrictions on Use

The APR is provided for lawful purposes only. By accessing or using the APR, you agree and warrant that in connection with your use of the APR you will not:

1. alter any trademark, copyright and other proprietary or legal notices contained in the APR; or
2. manipulate the APR in any way not intended and directed by DWP; or
3. copy or seek to copy or “rip” any audio, video or audio-visual content from the APR; or
4. exploit any part of the APR for commercial gain or undertake any commercial activity utilizing the contents of the APR without the prior written consent of DWP, including, for example, inserting your own or a third party’s advertising, branding or promotional content into the APR’ contents, materials or services; or

• any material that is false, unlawful, threatening, tortious, disparaging, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in DWP’s sole discretion is otherwise objectionable; or
• information, software, content or other material that violates, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
• material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the APR or interferes with, overburdens, impairs or disrupts the APR, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
• any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
• use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
• impersonate another person; or
• engage in any conduct that in DWP’s sole discretion restricts the ability of any other person to enjoy the use of the APR;

7. User Registration

The registration of a User may be required for the use of the APR (e.g., email, newsletters, casting call, forums, content downloads, and promotions). As part of DWP’s registration process, you will be asked to submit, among other things, your sensitive personal data. You agree that all information you provide to DWP for purposes of creating a user database/profile (the “User Information”) will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms and Conditions and may result in the immediate termination of your account. All information about you including your User Information, any information obtained by DWP as a result of your use of the APR, and any information stored or transmitted in any way on or through the use of the APR is subject to DWP’s Privacy Policy, which can be found on its Website https://www.dwp.in/privacy-policy/ . DWP ‘s Privacy Policy is incorporated into these Terms and Conditions by this reference.

You understand that you may not: (i) 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 DWP, in its sole discretion, deems inappropriate. You agree that any information that you provide to the APR, 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 register with the APR, you accept responsibility for all information provided by you.

You agree that any unauthorized use of the APR (or any Content derived therefrom) by you may result in immediate suspension or termination of your user profile by DWP, in its sole and absolute discretion. You represent and warrant that the information provided during the registration process is true and accurate and agree to update the information thereafter in the event of any changes. DWP reserves the right to terminate, without notice, your access to the APR for any conduct that DWP, in its sole discretion, believes is in violation of these Terms and Conditions, any applicable law, or is harmful to the interests of another User, service provider, or DWP. In the event of such termination, you will continue to be liable and DWP shall be entitled to remedies in accordance with law.

8. Entire Agreement

You acknowledge and agree that the APR’s Terms and Conditions and the Website’s Privacy Policy and Terms of Use and any applicable end user license or similar agreements contain the entire agreement between the parties relating to the APR; provided, however these Terms and Conditions do not alter in any way the terms or conditions of any other agreement User may have with DWP. If any provision in these Terms of Use is invalid or unenforceable under applicable law, that part will be deemed severable and the remaining provisions will continue in full force and effect. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

9. No Oral Agreements or Modifications

There shall be no amendment or modification of these Terms and Conditions unless the same is in writing and signed by an authorized representative of DWP. Oral agreements shall expressly be non-binding and unenforceable.

10. Dispute Resolution

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

If a dispute arises between you and DWP, our goal is to provide you a neutral and cost-effective means of resolving the dispute quickly.

1. Negotiations

Before initiating any arbitration or court proceeding, you and DWP agree to first attempt to negotiate any dispute, controversy or claim related to the APR, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each, a “Claim”) informally for at least thirty (30) days. Negotiations will begin upon written notice. DWP will send its notice via email to the email address you have provided. You agree to send your notice via Certified Mail to DWP’s Legal Counsel’s Office at the address specified in Section 15 and email a copy to legal@dwp.in.

1. Binding Arbitration

This Section 10 is referred to in these Terms and Conditions as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and DWP or a DWP affiliate, whether relating to these Terms and Conditions (including any alleged breach thereof), or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator appointed by you and DWP. The Indian Arbitration Act, 1996 governs the interpretation and enforcement of this Arbitration Agreement.

3. Arbitration Fees

All arbitration fees and expenses will be divided equally between you and us.

4. Location

The seat of arbitration shall be at Chennai, India.

11. Governing Law, Jurisdiction and Venue

All matters related to the APR and these Terms and Conditions shall be governed by and construed in accordance with Indian law; provided, that the Indian Arbitration Act,1996 shall govern the interpretation and enforcement of Section 10. Unless DWP and you agree otherwise, in the event that the Arbitration Agreement is deemed inapplicable or invalid, you and DWP both agree that all Claims will be exclusively decided by the courts of Chennai, India. By using the APR, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.

12. Recovery of Fees

You agree that if DWP takes action (by itself or through its representatives) to enforce any of the provisions of these Terms and Conditions against you, DWP shall be entitled to recover from you (and you agree to pay), DWP’s reasonable and necessary attorney’s fees and any costs of any litigation, in addition to all sums to which DWP is entitled or any other relief, at law or in equity, except as otherwise limited herein.

13. Limitation of Liability

1. Incidental Damages and Aggregate Liability

In no event will DWP or any of its affiliates be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the APR, including without limitation damages related to any information received from the APR, removal of content from the APR, including profile information or inability to use by any party, or in connection with any termination of your subscription or ability to access the APR, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if DWP, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL DWP’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE APR, EXCEED THE AMOUNT OF Rs.1,000.00/- (Rupees One Thousand Only).

1. No Liability for non-DWP Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DWP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APR, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APR.

14. Indemnity

You agree to and shall defend, indemnify and hold harmless DWP, its affiliates and its and its affiliates’ directors, officers, employees, agents, representatives, members, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties (hereinafter “Affiliates”) from and against any and all claims, losses, expenses, including reasonable legal fees or demands of liability, including reasonable attorneys’ fees and costs incurred by DWP and its affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the APR, or (ii) use of the APR by you in violation of these Terms and Conditions or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. DWP and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of DWP. Users further agree to hold harmless DWP and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the APR.

15. Contact Information

If you have any questions about these Terms and Conditions or your rights or DWP’s obligations relating to the APR, please email us at mail@dwp.in or you may contact us by mail at:

To: M/s. Dream Warrior Pictures

Attn: Legal Team

No.17/8, Flat No: 1, Ganpath Apartments,

Krishna Street, T. Nagar, Chennai – 600 017

CC: legal@dwp.in

 

16. Confirmation And Acceptance

You hereby state that You have read and understood the aforesaid terms of this APR and hereby declare, confirm, accept and undertake to abide by the Terms and Conditions of the Agreement at all times. You acknowledge that the Terms and Conditions of the Agreement are legally binding and enforceable.