FIPCHAIN TECHNOLOGY PVT LTD and its affiliates (hereinafter referred to as "FIPCHAIN", "we", "us", or "our") extend a warm welcome to You on www.producerbazaar.com, (hereinafter referred to as the "Site"). Through the Site, FIPCHAIN offers a comprehensive online marketplace catering to the film industry, encompassing a spectrum of services including, but not limited to the buying and selling of various rights associated with films (hereinafter collectively referred to as "Services").
Our commitment extends beyond mere transactions; we strive to provide a holistic ecosystem where users can engage, transact, and explore myriad opportunities within the entertainment landscape.
1.1. The terms "User(s)", "You", or "Your" refers to the individuals or entities accessing or utilizing the Site and its Services, encompassing both registered users with account and unregistered users.
1.2. The term "User Content" refers to the diverse range of digital assets, including images, videos, music, and other multimedia files, their associated rights, or other forms of data, created, uploaded or submitted by Users onto the platform for the purpose of buying and selling.
2.1. By accessing or using the Site, You agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms apply whenever You use the Site or its Services, regardless of whether You're a registered user. If You disagree with these Terms, please refrain from accessing the Site.
2.2. All User Content uploaded under the same name, whether it be an individual or an entity, falls under the purview of these terms and conditions.
2.3.. We may update these Terms periodically, so please review them regularly. Material changes shall be effective upon the Last modified date. By continuing to use the Site, You accept the current Terms.
2.4. If You're agreeing to these Terms on behalf of a company or entity, You confirm You have the authority to bind them. Even if You're representing a company, You are individually bound by these Terms and our Privacy Policy.
2.5. These Terms constitute the entire agreement between FIPCHAIN and You, superseding any prior agreements. You cannot transfer Your rights or obligations under these Terms without our consent.
2.6. Certain areas of the Site may have Additional Terms, which shall prevail over these Terms if there's a conflict.
2.7. If any part of these Terms is deemed invalid, the remaining provisions shall still apply. FIPCHAIN's failure to enforce any right or provisions in these Terms shall not constitute a waiver of such or any other provision.
2.8. FIPCHAIN is not liable for delays or failures in providing Services resulting from causes outside its reasonable control or unforeseen circumstances beyond its control.
2.9. No joint venture or employment relationship exists between You and FIPCHAIN as a result of using our Services.
3.1. By accessing and using the Site, You affirm that you are legally capable of entering into a binding contract and are not prohibited from receiving the Services under the laws of India or any other applicable jurisdiction.
3.2. The Site and the Services are directed towards individuals aged 18 years or older. FIPCHAIN and the Site do not knowingly collect information from individuals under the age of 18. If You are under 18 years of age, You are prohibited from using the Site or providing any personally identifiable information.
4.1. To access all features of the Site and Services, You may need to register for an account ("Account"). By doing so, You agree to these Terms and the Privacy Policy, and provide necessary information, including Your first and last name, country, contact number and email address, among other things ("Account Information")
4.2. When associating with a company through Your Account, You confirm Your affiliation and represent the company accordingly. Associating Your Account with a company requires the company administrator's consent, and each Account can only be associated with one email address and company, unless authorized otherwise.
4.3. You are responsible for maintaining the confidentiality of Your Account Details and promptly notifying us of any security breaches and refraining from impersonation or providing false information.
4.4. If You lose or forget the password to access Your Account, please follow the instructions that You receive from the Site and set a new password.
4.5. You are solely responsible for ensuring the accuracy, quality, integrity, legality, reliability, appropriateness, and ownership of all Account Information if You are an individual, and Company Profile information if You are a Company or company administrator, as well as Your right to use such information.
4.6. FIPCHAIN reserves the right to selectively vet Users to verify the accuracy of Account Information. By agreeing to this, You acknowledge that FIPCHAIN may take necessary legal measures, including but not limited to conducting internet searches, using online databases and third-party vendors, and contacting the company with which You claim affiliation, to ensure the accuracy of Your Account and company profile information.
By accepting these Terms of Service, Users acknowledge their understanding of and agreement to adhere to the outlined process herein for utilizing the Site and its Services:
a. Content Upload Instructions: Once the Account is created, Users shall receive detailed instructions on how to upload their User Content onto the Site. This User Content may include various forms of digital media such as images, videos, or music, which Users wish to showcase and potentially sell on the Site.
b. Onboarding Fee: A Onboarding fee shall be applicable for uploading the User Content onto the Site. This fee shall be clearly outlined and must be acknowledged by Users prior to finalizing the upload process.
c. Content Review and Authentication: After uploading their User Content, FIPCHAIN shall conduct a review process to ensure the authenticity and ownership of the User Content. This step is taken to maintain the integrity of the Site. Only after content review and authentication the User Content shall be listed on the Site for public viewing.
d. Content Viewing: Once listed on the Site, Users shall have the opportunity to browse and view the authenticated User Content that is available for purchase. This allows Users to explore and potentially engage in transactions with other Users on the platform.
e. Transaction Monitoring: Users shall have access to a monitoring system that enables them to track all transactions related to their User Content. This feature provides Users with transparency and control over the interactions and transactions occurring on their uploaded User Content.
f. Restricted User Download: Users are prohibited from downloading any content or transaction details from the Site.
6.1. If You, as a User upload, post, publish, submit, transmit, distribute or otherwise make available on or through the Site (collectively, "submit") any User Content, you authorize FIPCHAIN to negotiate and sell one or more rights associated with your User Content. This authorization is granted exclusively to FIPCHAIN, empowering them to negotiate and execute contracts with interested parties for the acquisition of rights in your User Content, subject to mutual consent on the list of rights granted.
6.2. You understand and agree that FIPCHAIN shall act as Your agent in all negotiations pertaining to the sale of the rights associated with your User Content. You agree to pay a commission to FIPCHAIN on the sale price of the rights as mutually agreed, payable only in the event of a successful sale.
6.3. You further confirm that you possess the legal authority to grant this authorization and that the User Content is completely owned by You.
6.4. You agree to indemnify FIPCHAIN against any claims or losses arising from the sale of the rights, provided such claims or losses are shared and mutually consented upon. You acknowledge your responsibility for any such claims or losses and agree to indemnify FIPCHAIN accordingly.
By accessing or using the Site and its Services, you agree to adhere to the following duties:
7.1. Compliance with Laws: Use the Site and Services in compliance with all applicable laws.
7.2. Respect for Others: Do not violate FIPCHAIN's policies or infringe upon the rights of other users or third parties, including their intellectual property, privacy, or contractual rights. Avoid defamatory, abusive, harassing, threatening, or impersonating behaviour.
7.3.Accuracy of Information: Provide truthful and accurate information regarding the origin of your User Content.
7.4.Account Handling: Do not transfer your Account without consent or register on behalf of another individual.
7.5.Identity Representation: Avoid misrepresenting yourself or your affiliation with any person or company.
7.6. Respect for Intellectual Property: Do not exploit the Site, Services, or another User's User Content without express permission. This includes copying, modifying, distributing, or selling content.
7.7. Respect for Intellectual Property: Do not exploit the Site, Services, or another User's User Content without express permission. This includes copying, modifying, distributing, or selling content.
7.8. Security Measures: Refrain from submitting viruses, malware, or any other harmful technologies that may harm FIPCHAIN or its Users.
7.9. Interference: Avoid actions that interfere with Site functionality or restrict others from using or enjoying the Site or Services.
7.10. Circumvention: Do not attempt to circumvent technological measures implemented by FIPCHAIN or third parties to protect the Site, User Content, or Services.
7.11. Performance Impact: Do not engage in activities that adversely affect Site performance or restrict others' access.
7.12. Reverse Engineering: Do not attempt to decipher, decompile, disassemble, or reverse engineer the Site or its software.
7.13. Data Collection: Do not systematically retrieve data or content from the Site without proper authorization.
7.14. Information Gathering: Obtain consent before harvesting or collecting information about Users of the Site.
7.15. Content Integrity: Do not falsify or delete attributions, legal notices, or proprietary labels related to the User Content
7.16. Fraudulent Activities: Do not engage in fraudulent schemes or dubious money-making ventures using the Site or Services.
8.1. FIPCHAIN retains the right to investigate and pursue legal action against any violations of these Terms, including those outlined above, to the fullest extent permitted by law. FIPCHAIN may collaborate with law enforcement authorities in prosecuting Users who breach these Terms.
8.2. You acknowledge that FIPCHAIN is not obligated to monitor Your use of the Site, Services, or User Content, but reserves the right to do so for various reasons, such as ensuring compliance with these Terms or legal requirements.
8.3. FIPCHAIN may remove or disable access to any User Content deemed objectionable or harmful to the Site or Services, at its sole discretion and without prior notice.
8.4. All rights not explicitly granted by FIPCHAIN are reserved.
9.1. Term: These Terms of Service shall remain in effect until terminated by either party in accordance with the provisions herein.
9.2. Termination by User: Users may terminate these Terms at any time by discontinuing their use of the Site and Services and closing their account, if applicable.
9.3. Termination by FIPCHAIN: FIPCHAIN reserves the right to suspend, terminate, or restrict access to the Site and Services, or to any part thereof, at any time and for any reason, without prior notice or liability. Reasons for termination may include, but are not limited to, violation of these Terms of Service, fraudulent or illegal activities, or requests by law enforcement or other government agencies.
9.4. Effect of Termination: Upon termination of these Terms, all rights and licenses granted to You as a part of these Terms shall terminate immediately. You agree that FIPCHAIN shall not be liable to you or any third party for any termination of Your access to the Site or Services.
9.5. Survival: Sections of these Terms that by their nature should survive termination, including but not limited to the provisions regarding intellectual property rights, indemnification, disclaimer of warranties, limitation of liability, and dispute resolution, shall survive any termination or expiration of these Terms.
9.6. Continued Obligations: Termination of these Terms shall not relieve the parties of any obligations or liabilities that have accrued prior to the effective date of termination, nor shall it affect any legal rights or remedies that either party may have under these Terms or at law.
9.7. Return of User Content: Upon termination of these Terms, FIPCHAIN may, in its sole discretion, remove or delete any User Content uploaded by the user from the Site and Services.
10.1. All content and materials provided on the Site and Services, including but not limited to text, graphics, logos, images, audio clips, videos, digital downloads, data compilations, and software, except the User Contents are the property of FIPCHAIN and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
10.2. By uploading or submitting any User Content to the Site, you grant FIPCHAIN a worldwide, non-exclusive, royalty-free right to display, the User Content in connection with the Site and Services. You represent and warrant that you have the necessary rights to grant this right.
10.3. The trademarks, service marks, logos, and trade names displayed on the Site are the property of FIPCHAIN. You are prohibited from using any trademarks, service marks, logos, or trade names displayed on the Site without the prior written permission of FIPCHAIN.
11.1. FIPCHAIN assumes no responsibility for the content of third-party websites accessed through links on the Site, framed pages within the Site, or third-party advertisements displayed on the Site. You acknowledge and agree that FIPCHAIN is not liable for:
a. the availability or accuracy of such third-party websites or resources; or
b. the content, products, or services offered on or accessible from such third-party websites or resources.
11.2. Links to third-party websites do not imply endorsement by FIPCHAIN of the content, products, or services provided by such websites.
11.3. Your use of third-party websites is at your own risk and subject to the terms and conditions of those sites. Any transactions conducted on third-party websites are solely between You and the respective party providing the website. FIPCHAIN is not involved in any transactions on third-party websites.
11.4. We encourage you to review the terms, rules, and policies of each third-party website You visit.
If you believe that your copyright-protected work has been copied and made available on the Site in a manner that constitutes copyright infringement, you may submit a notification of claimed infringement to FIPCHAIN by email in accordance with Indian copyright laws by providing the following information:
You agree to indemnify, defend, and hold harmless FIPCHAIN, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site and Services, including but not limited to any User Content you submit, your violation of any third-party rights, or your violation of any applicable laws or regulations.
14.1. The Site and Services are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied.
14.2. FIPCHAIN makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the accuracy, reliability, completeness, or timeliness of the Site or Services, or that the Site or Services will be uninterrupted, error-free, or secure.
14.3. FIPCHAIN disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
15.1. In no event shall FIPCHAIN be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Site or Services.
15.2. FIPCHAIN's total liability to you for all claims arising out of or relating to these Terms of Service or your use of the Site or Services shall not exceed the amount paid by you, if any, to FIPCHAIN for the use of the Site or Services during the twelve (12) months preceding the claim.
16.1. These Terms of Service shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
16.2. Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or validity thereof, shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Chennai, Tamil Nadu India, and shall be conducted in English. The arbitration award shall be final and binding upon the parties.
16.3. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of such party's intellectual property rights or confidential information.