PLEASE READ THE FOLLOWING TOU CAREFULLY. BY ACCESSING ANY PART OF OUR APP OR USING OR REGISTERING ON OUR APP, YOU OR ANY OTHER USER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THIS ToU. IN CASE YOU DO NOT AGREE TO THIS TOU, KINDLY DO NOT ACCESS OR USE THIS APP ANY FURTHER.
1. Services The Services constitute a technological platform that enables actors, influencers, models, singers, performers, writers, creators, and/or musicians (hereinafter referred to as “Talent”, “You”, “Your”) to create an account on the App and upload content on the App showcasing your talent/performances/acting bytes/clips/images. You acknowledge, agree, and understand that We only seek to provide a platform wherein We can assess Your personalities, aesthetics, vibes, traits, quirks, and talents & then work together to target brands, target sectors and labels for You. Through the App, We can together design a plan and We can aim to facilitate transactions for You, by identifying, soliciting and negotiating with third parties for professional engagements wherein You can render your services in the capacity of an actor, singer, model, influencer or creators. However, notwithstanding anything to the contrary contained under this ToU, You hereby acknowledge and confirm that We make no representation or warranty on: (a) the quantum/ value of the deals and engagements that We shall generate for You; or (b) the enhancement of Your brand and image. Thus, any failure by Us in securing one or more deals for You and/ or in enhancing Your brand and image shall not be deemed as a breach of this ToU by Us and that neither You nor any person claiming through You shall claim any such loss or damage from Us in this regard. On the basis of your submissions on the App, We shall assess your content and determine if We can engage with and finalize on behalf of You, any deals with third parties mainly in relation to Deal/s and Contractual Engagements (as defined below). If we are able to enter into Deal/s and Contractual Engagements, our Services shall include but not be limited to- i. Soliciting, sourcing interest, and negotiating proposals for all professional engagements wherein You may render Your services in the capacity of an actor/influencer/model/singer/writer/musician (as the case maybe) for producers, studios, digital platforms and/or third parties (“Third-Parties”) on a best effort basis; ii. Negotiations with regards to rights, remunerations, incentives, back-ends etc. that You shall be entitled to from these arrangements; iii. Legal consulting and advisory on the agreements being entered into by You for these Deals and Contractual Engagements; iv. Acting as a liaison between such Third-Parties and You.
2. Your Account While availing Services from the App, You are required to register with Us on the App and provide to Us your personal information. You agree that all such information provided to Us is authentic and without any discrepancy. Registration may also be through connecting through different third-party applications including but not limited to Facebook and Google. In this regard, You agree to the following: i. You have completed 18 years of age or above and if You are a person below 18 years of age, You shall be represented by Your guardian on this App; ii. You hereby agree and acknowledge that any information provided by You through this App is true and accurate; iii. You agree to not create more than any one personal account and/or create an account for anyone other than yourself without their consent. You agree to not impersonate any other individual or misrepresent yourself as another; iv. You agree to update your profile on the App regularly and in case of any change in address, phone number or any such other information, it should be updated within 10 (ten) days to maintain the App’s effectiveness; v. In order to access the App, after downloading the App, You shall have to create a login ID and password that shall be private to You only. You shall maintain the confidentiality and security of the user-id and password created by You. You shall be responsible for Your account, passwords, all the activities that occur under the same and for any actions that take place through the App. In case You do share Your credential information with any Third Parties without keeping Us informed of the same, We shall not be held liable for such third party use of Your account/details. In case of a breach of security or any other unauthorized use of Your account, You shall immediately notify Us of the same; vi. You agree to not post anything offensive, derogatory, defamatory, racist, obscene, indecent, inappropriate or otherwise against the laws of India on Your account; vii. The App does not endorse or promote the services of any third- party service provider/ agent/ casting agent/ social media manager and placing any reliance on the Services availed through the App, shall be at Your own risk; viii. You understand and acknowledge that the App simply aims to identify talent so as to facilitate, solicit, engage and enter into transactions with Third Parties for all professional engagements wherein You may render your services in the capacity of an actor/influencer/singer/artist/writer/creator (“Deal/s”) and all Contractual Engagements. For the purpose of this ToU, Contractual Engagements shall mean all engagements in the entire Territory, in the nature of, and including but not limited to the following: a) Recording and/or re-recording of the sound recordings/songs for any audio, visual and/or audio-visual content including without limitation to cinematographic films, television shows, music albums, etc. for any other person or entity; b) Writing/authoring and/or re-writing lyrics and/or creating musical works and/or rewriting musical works for sound recordings/songs for any audio, visual and/or audio-visual content including without limitation to cinematographic films, television shows, music albums, etc. for or any other person or entity; c) Singing and performing songs/s and/or any works including sound recordings for any audio, visual and/or audio-visual content including without limitation to cinematographic films, television shows, music albums, etc. for any other person or entity; d) Product/brand endorsements and advertisements including digital, print, radio, television and audio-visual advertisements by Talent; e) Public concerts, private shows, corporate shows, world tours, social appearances and any kind of personal appearances by You; f) Live stage shows, appearances/interactive sessions at events, lectures, skype calls, stage performances/ appearances by You, personal performances/ physical presence by You at events; g) Book publishing engagements whereby publishing companies may engage You to write (either by yourself or through other independent authors) books or other publications; h) Film engagements, if any, whereby film makers (whether individuals or corporate) may engage You to feature in films produced by any third party; i) Television engagements, if any, whereby television channels, producers, production houses may engage You to feature in television programs; j) Music videos, as part of any film or individual music album featuring You; k) Engagements related to digital media, where You are engaged in the performance of any of Your Services on any digital platform; l) Participation in any and all kinds of reality shows; m) Any other engagement whereby You are paid consideration. ix. You also hereby agree and acknowledge that this App is strictly for your personal and confidential use and shall not be used for any commercial purpose whatsoever including but not limited to the following acts: a) Copying, reproducing, distributing, selling, leasing, licensing, publicly displaying, transmitting or broadcasting or making any derivative works of the App through any medium unless otherwise expressly consented. b) Using the App in its intended form and not alter, modify, delete or amend the App or its content. c) Undertaking any business activity which is in competition with Our business or modifying the service provided through Us or its appearance using any technology or offer anything additional in any manner whatsoever without obtaining Our prior consent. d) Using the App for any illegal or fraudulent or any such purpose which may result in violation of any law applicable in India or regulations made thereto. e) Any attempt to gain unauthorised access to any private information provided by other users or any attempt to hack or violate the security procedures of the App or any other action that may harm Starcast and disclose its material information, which is not otherwise provided through the App or is publicly known, by unethical means to exploit. f) Usage of any ethical hacking tools included but not limited to “JTR”, “Metasploit”, “Nmap”, “Wireshark”, or any other algorithm, program, codes or methodology that may attempt to pirate or hack the App or any content present therein or which may disrupt the routine performance of the App or harm Us in any way. g) Providing any information or update anything on the App that may infringe any intellectual property rights of any third party. h) Approaching any Third-Parties for any purpose other than the intended Deal and/or Contractual Engagement.
3. Your Content: i. You agree that the content You create and submit on the App shall be unique and such content has not been published on any other platforms. Your content does not and shall not infringe or violate any right of any nature of any person including any copyright, moral right, right of privacy, right of publicity or any other rights whatsoever of any person and the content shall not be obscene, offensive, blasphemous and / or defamatory to any person to the best of your knowledge. ii. You shall not display any personal contact or banking information on your content whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If You do choose to reveal any personal information about yourself or about another party through such content, it shall be at Your own risk. iii. As the App aims to facilitating transactions between You and Third Parties, We may use Your content for the purposes of this ToU. By uploading Your content on the App, You represent and warrant to Us that You have all necessary rights and licences to do so, and automatically grant Us a non-exclusive, royalty free, perpetual, worldwide licence to use Your content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future). iv. We may assign and/or sub-license the above licence to our affiliates and successors without any further approval from You.
4. Your Obligations: i. Our arrangement with You may be exclusive in nature, unless otherwise agreed by Starcast and You. In such an event, You undertake not to associate with any competitor of Starcast for any of the Services similar to those rendered by Starcast to You, and to accord complete exclusivity to Starcast with respect to the provisions of this ToU and as per the terms of a separate agreement between Starcast and You. ii. You shall at no point in time negotiate and/ or conclude any renewals/ extensions for Deals and Contractual Engagements with Third-Parties or any arrangement arising from the virtue of this ToU without the inclusion of Starcast during the subsistence of this ToU. All such renewed/ extended agreements, arrangements and understandings shall be considered for the payment of Starcast’s Fees in the manner provided below in this ToU. iii. You shall be obligated to route all renewals and extensions of any Deals, Contractual Engagements, arrangements and understandings negotiated by Starcast during the Term that remain effective post the expiry / termination of this ToU. iv. In the event that You are approached by any Third-Party, You hereby undertake to direct all such Third-Parties to Us and We shall, in consultation with You, and the said Third-Parties, explore such Deal/Contractual Engagements further. v. You acknowledge, understand, and accept that Starcast, owing to the nature of its business shall be entitled to take up/continue work(s) and render their services to third parties, including but not limited to film production houses, various sponsors, organisers, talents etc. However, the services provided by Starcast to such parties shall not affect this ToU. For the sake of clarity, You expressly undertake and declare that nothing in this ToU shall restrict or prohibit Starcast from professionally providing any services similar to the Services provided herein and other services including but not limited, to any producer, production house, sponsors, event organizer or any other talent. vi. You shall not commit any act or omissions that may prohibit Us from successfully fulfilling its services/ obligations, as mentioned hereunder, at any time. vii. You shall not, in any manner whatsoever circumvent or otherwise frustrate the intent of this ToU or any Third-Party Deals and Contractual Engagements procured by Us for You. viii. You shall not act or conduct Your business in any manner or make any statements that brings or is capable of bringing any disrepute, ridicule, contempt, or scandal to Us and/ or Our clients. ix. You shall not engage in any conduct and/ or make any comments and statements, which are actually or potentially detrimental to its reputation and public image in the media & entertainment industry. x. You shall, at all times, act in a professional and courteous manner and shall attend all Deal/s and Contractual Engagement on time. xi. You shall carry out every assignment to the best standard of Your ability and skill. xii. You shall comply with all rules and regulations relating to health and safety, fire prevention or general administration which may be in place at the premises of a Third-Party or at a location where an assignment is being conducted. xiii. You shall keep Us informed of any significant changes in appearance to include, but not limited to, notification of any change of hair style or color, weight loss or gain or the addition of any tattoo or any other visible feature such as a piercing, etc. xiv. You shall not, without the consent in writing of a duly authorized representative of Starcast expose, reveal or make public any information in connection with the business of Starcast or this ToU, all of which information is to be regarded by You as of a strictly confidential nature. xv. You shall take all reasonable steps to be available to work regularly on Deal/s and/or Contractual Engagements but You acknowledge that We cannot guarantee that such Deal/s and/or Contractual Engagements can be secured and has made no representations to this effect.
5. Starcast’s Rights: i. Starcast shall, in consultation with You, handle all financial negotiations including but not limited to fees and payment schedules with regard to all the Deals, and Contractual Engagements and opportunities generated by virtue of this ToU including without limitation that of retailing and merchandizing opportunities. ii. You grant to Starcast, the non-exclusive limited license to the use Your name, nickname (if any), (i) likeness, (ii) photograph, (iii) voice, (iv) sobriquet, (v) silhouette portrait, (vi) biographical material statements, to utilise the same only on advertising promotional and marketing materials created by Starcast for the promotion and marketing of You to existing and prospective clients.
6. Starcast’s Fees: i. You shall not be charged any amounts towards registering on the App as registration fees or as commissions. However, once We facilitate any Third-Party Deals and Contractual Engagements or any arrangement by virtue of this ToU, then We shall be entitled, for our efforts and in lieu of the Services rendered by Us as per this ToU, to claim and receive a non- refundable fee at 10% (ten percent) (hereinafter referred to as “Starcast Fee”) of the gross value of all income generated and received by You (excluding any and all applicable taxes) on Deals and Contractual Engagements with Third Parties, procured by Us pursuant this ToU. ii. It is agreed by You that the Starcast Fee is non- refundable for the Services provided by Us as per the terms of this ToU, for any reason whatsoever. It is hereby agreed that all Starcast Fee is to be paid by You, subject to the receipt of an invoice, along with applicable taxes and less any mandatory withholding taxes, within 2 (two) weeks of you receiving the payments from respective third parties, failing which We shall be entitled to charge interest @ 18% p.a. (eighteen percent per cent) from the date such amount was due till the date of actual realization. You hereby agree that this clause shall survive the expiry/ termination of this ToU.
7. Intellectual Property: You agree and understand that all the intellectual property including but not limited to trademarks, logos, business identifiers, copyright, source code, software programs, trade secrets, graphics, interactive features, and designs are Our sole property or that of its respective owners or licensors and You shall have no right, title, or interest over the same or in any manner misuse the same. You understand that some of the trademarks that You may see on the App may not be owned by Us and are the property of their respective owners and We do not claim to be affiliated to these brands and disclaim any affiliation, sponsorship, or endorsement with or by the same. You understand and undertake that You may not copy, download, reproduce, distribute, perform, republish display, post, transmit, create derivative works of above-mentioned intellectual property and use the same for your personal and non-commercial use.
8. Third party content- While accessing Our App, You may at any time come across information that belongs to any third party including but not limited to some advertisements, links or any other content for which Starcast does not hold any responsibility. We are not answerable for the accuracy and opinion contained in any content by any Third-Party. You may proceed further with the advertisement, link or other data or content at your sole discretion only. We shall not be held liable for the consequences of the action caused by such third party.
10. Term and Territory You agree that We shall market and promote You, to our clients, both corporate and media for the Deals, throughout India (“Territory”) in perpetuity (“Term”), unless terminated as per the terms of this ToU.
11. Discontinuation/Termination of Services: In case either Party is dissatisfied with the services / performance of the other Party under this TOU, such Party shall have the right to terminate this ToU by issuing a 30 (thirty) days’ written notice communicating its intent to terminate, through email to the other Party. Upon discontinuance of use/termination for any reason, We may delete all data/information from the App. However, all Our rights and obligations shall continue to be in force even after your discontinuation of the use of Our App. In event of any breach of this ToU, We reserve the right to terminate your account and in effect delete all your data/information from the App. However, We also reserve the right to maintain in Our records all the information submitted by You in lieu of your registration with Us.
12. Disclaimer: We make no representations or warranties, expressed or implied, regarding the use of the App by You or for the use or interpretation of any information stored on, generated by or received through the App. The Services are provided to You on ‘as is’ basis and We do not make any representations and warranties, expressed or implied, and hereby disclaim and negate all other warranties, including non-infringement, correspondence with description, merchantability, fitness for a particular purpose, the accuracy, likely results, or reliability of the use of the services provided Us. We also do not warrant that the App or the network system linked to it is free from any operational errors, virus, worm or any other harmful components. Further, We do not guarantee the credentials of any Third-Parties or any content posted by the Third-Parties on the App and You assume sole responsibility for any reliance on the same and explicitly waive all claims of any nature arising out the same and You understand that We do not take any responsibility for the same. You may make any background checks regarding the credentials and/or criminal antecedents of the Third-Parties for your satisfaction and make an informed decision on your own accord. We also do not make any representation with regards to any information, review, comments or recommendations made by the Third-Parties to You.
13. Liability: WE SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO, THE USE OF OR INABILITY TO USE THE APP, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION PROVIDED BY YOU; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; OR (IV) FOR STATEMENTS OR CONDUCT OR ACTS OF ANY THIRD PARTY OR BY THE DEVELOPER OR HIS REPRESENTATIVES, AGENTS OR EMPLOYEESS; OR (V) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU, THE DEVELOPER AS WELL AS ANY THIRD PARTY; YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU, YOURSELF SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, AS A RESULT OF ANY UNAUTHORIZED USE AS WELL AS BREACH OF YOUR ACCOUNT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER SHALL BE LIMITED TO THE STARCAST FEES PAYABLE TO US BY YOU IN LIEU OF OUR SERVICES.
14. Modification: We reserve the right in our sole discretion to change, modify or otherwise amend this ToU or any other document incorporated herein and it shall be your responsibility to keep yourself updated of any such changes by visiting our App. Your continued use of the App following any such amendment to this ToU will signify your acceptance to any such revised ToU.
15. Indemnification: You agree to indemnify, defend and hold Us harmless against all claims, appeals, causes of action, casualties, expenses, damages, and costs; emerging or arising from or relating to your use of the App, any activity related to your account by You or any other person permitted by You, any content that You submit to, post on or transmit through the App, your breach of this ToU, your infringement or violation of any rights of another, or termination of your access to the App or any other agreement/s that You may enter into covering opportunities introduced or extended by Us during the Term. We reserve the right to assume, at our own expense, the exclusive defense, and control of any such claim or action and all negotiations for settlement or compromise, and You agree to fully cooperate with Us in the defense of any such claim, action, settlement or compromise negotiations, as requested by Us. In the event of any such claims being raised on Us, You shall promptly settle, defend, adjust or otherwise dispose of such claim/s at Your sole cost. We shall not be liable to You for any loss or damage or injury arising at the time of training/ rehearsals/ shooting any activities which You undertake in furtherance of any Deals and Contractual Engagements signed by You with any Third-Party.
16. Relationship between the Parties You agree and acknowledge that You are only an independent contractor and no partnership, joint venture or employment is created as a result of this TOU. You do not have any authority to bind Us in any respect or create or assume any liability on behalf of Us.
17. Applicable Law and Jurisdiction The laws of the Republic of India shall govern this ToU, as well as any disputes, whether in court or arbitration, which might arise between You and Us. All disputes pertaining to the services shall be subject to the local courts situated in city of Mumbai.
18. Miscellaneous: This ToU constitutes the entire agreement between Us and each user of the App with respect to the subject matter of this ToU. If any provision of this ToU is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity, and enforceability of any remaining provisions will not be affected. You may not assign any of your rights or delegate any of your obligations under this ToU. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate this ToU and its rights and obligations without your consent. We shall have no liability to You hereunder if We are prevented from or there is any delay in the performance of Our obligations, or from carrying on Our business, by acts, events, omissions or accidents beyond Our reasonable control, including, without limitation, strikes, lock-outs or, failure of a utility service or transport or telecommunications network, Act of God, war, riots, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm. No action arising out of this ToU or your use of the App, regardless of form or the basis of the claim, may be brought by You more than 6 (six) months after the cause of action has arisen (or if multiple causes, then from the date that the first cause arose). You hereby waive any rights that You may have under any applicable law of limitations.
19. Support: If You have any questions or queries relating to this ToU, or wish to report any violation of this ToU, You may contact Us at firstname.lastname@example.org. Last updated on 2023.