The website FACEOFARTZ.COM (the “site”) and related platforms, products, and services available on or from the site (the “services”) are owned and operated by Face Of Artz Communications Pvt. Ltd., (together with its affiliates, successors, and assigns hereinafter referred to as “our”, “we,” or “us”).

By accessing and using the site and the services, you acknowledge and agree to be bound by these general Terms and Conditions, Our policies like Copyright, Privacy, Trademark & Abuse and our other specific Terms and Conditions applicable to certain services you may elect to use ‘ all of which are incorporated herein and collectively referred to as the “Terms and Conditions”, which set forth the entire agreement pertaining to your use of the site and services, and supersede all prior versions of the Terms and Conditions.’

These terms and conditions are legally binding agreements. If you use the site and the services acting as the representative for an artist, mentor, Fan, band, group, company, or entity, you represent that you have the legal authority to bind such individual or entity and you guarantee compliance by such individual or entity with these terms and conditions.

We reserve the sole right at any time to modify, discontinue, or terminate any service or the site, or change, add, or delete portions of these terms and conditions without notice. We will post changes to these terms and conditions, if any, to the site. It is your responsibility to check the site periodically for changes. Your continued use of the site and services after any changes constitutes your acceptance of the revised terms and conditions.

PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE WEB SITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF SERVICE AND THE OTHER WEB SITE POLICIES AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

If you do not agree to these Terms and Conditions, do not use the site or services.

Services

The Terms of Service apply to all users of the Web Site, including users who are also Content contributors, and to the services provided through the Web Site (“Services”)

  1. Site Content: All materials and content on the Site and Services, including User Content (collectively, the “Site Content”) are the proprietary property of us or our licensors (including other users of the Site), including respective copyrights, logos, slogans, trademarks, and service marks. As between you and us, you shall retain all rights in your User Content subject to the licenses granted in these Terms and Conditions.
  2. Site and Services Use License: Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Site Content. Except with respect to your use of certain Services in accordance with their specific terms and conditions that provide for or facilitate commercial activities, you understand that the Site and Site Content is for your personal and non-commercial use only. Except as expressly permitted by these Terms and Conditions, the functionality of the Site, or your own use of your User Content (i) no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Site Content, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to the Site or Services.
  3. Site and Services Use License: Subject to these Terms and Conditions and only to the extent expressly permitted by the functionality of the Site and Services, you are granted a limited, non-exclusive, revocable, non-assignable, and non-transferable right to use the Site and Services and access and interact with Site Content. Except with respect to your use of certain Services in accordance with their specific terms and conditions that provide for or facilitate commercial activities, you understand that the Site and Site Content is for your personal and non-commercial use only. Except as expressly permitted by these Terms and Conditions, the functionality of the Site, or your own use of your User Content (i) no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in any form or by any means, in whole or in part, and (ii) nothing herein should be construed as granting any license or right to use any Site Content, including trademarks, service marks, logos, slogans or taglines of us or third parties, or any software or code relating to the Site or Services.
  4. Site Downloads and Purchases.
    1. Certain functionality of the Site may expressly permit you to download or copy Site Content, such as music or other materials files from the Site (“Site Downloads”). Certain Site Downloads are available for free, and certain Site Downloads are only available by purchase (“Priced Downloads”). Applicable prices and payments for Priced Downloads are subject to our Service Fees Payments and Refund Policy below. The total price for a Priced Download will include any applicable tax based on your billing address and the respective tax rate in effect at the time you purchase a Priced Download. All sales are final. Prices for Priced Downloads may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. If a Priced Download becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Priced Download, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us. Priced Downloads may be downloaded only once and cannot be replaced if lost for any reason without a new purchase.
    2. You agree that:
      1. Site Downloads are licensed to you only for personal, noncommercial use;
      2. the delivery of Site Downloads to you does not transfer to you any commercial or promotional use rights in the Site Downloads;
      3. you may not transfer or license your rights in any Site Download to any other person;
      4. you may not alter, modify, incorporate with other media, or otherwise create a derivative work of any Site Downloads;
      5. you may not use a Site Download as a phone ringtone or ring-back tone (collectively, the “Site Downloads Usage Rules”). You may copy and store Site Downloads in connection with an unlimited number of devices as reasonably necessary but only in accordance with the foregoing Site Downloads Usage Rules. Any use of a Site Download other than in accordance with the Site Downloads Usage Rules may constitute copyright infringement.
  5. Abuse and Infringement. You agree that you will not use the Site or Services in any manner that is abusive, fraudulent, or unlawful, that infringes the copyright, trademark, or other intellectual property rights of any person or entity, that is inconsistent with these Terms and Conditions, or that could damage, disable, overburden or impair the Site or Services, in each case as determined in our sole discretion. Without limitation, you agree, represent, and warrant that:
    1. You will use the Site and Services in compliance with all applicable laws
    2. You will not use the Site or Services to infringe the copyright, trademark, or other intellectual property rights of any person or entity;
    3. You will not harvest or collect email addresses or other contact information of other Site users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    4. You will not use automated scripts to collect information from, access, or otherwise interact with the Site;
    5. You will not upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
    6. You will not create a false identity, or impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
    7. You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    8. You will not use “spam,” “blast-faxes,” or recorded telephone messages to market or promote any materials relating to you on the Site or in connection with the Services;
    9. You will not use or purchase third party services which are marketed or used to artificially increase your Band Equity Score, or Chart Position/Ranking through the increase of “Likes”, “Fans”, “Follower”, or “Video Plays”. Use of these services, or similar services, will result in the immediate termination of your account.
    10. You will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    11. You will not use the Site or Services to solicit, advertise, provide, sell, or offer, any third party sites or services, or similar or competing products or services;
    12. You will not solicit Site users to register or sign up with another website, platform, or other service or entity;
    13. You will not use or attempt to use another user's account without authorization from us or create a false identity using the Site or Services;
    14. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through, the Site or Services or any software, documentation, or data related to the Site or Services;
    15. You will not remove any proprietary notices or labels from the Site or Services or modify, translate, or create derivative works based on the Site or Services; and
    16. You will not, and will not authorize or encourage any third party to, directly or indirectly, use any deceptive, fraudulent, or other invalid mean or method, including any automated means, bots, botnets, robots, spiders, scrapers, data mining tools, automated scripts, or the like, or repeated manual clicks, to access your sound recordings submitted via Digital Distribution to digital internet consumer stores to generate plays, public performances, streams, or other uses of, or interactions with, your sound recordings for the purpose of generating invalid or fraudulent sale proceeds or otherwise.
  6. Terms For Certain Services. These General Terms and Conditions apply to all Services as applicable. Your access and use of certain Services may be subject to additional terms and conditions which are incorporated herein by reference. In the event any specific terms and conditions applicable to any particular Service conflict with these General Terms and Conditions, the specific terms and conditions shall apply.
    1. Evaluations
      1. Credentials of the artist profile, information verification and quality check of the uploaded content will be done by FOA team
      2. Evaluations, single or package, once purchased cannot be cancelled or transferred
      3. Evaluations purchased, single or package, are valid only for one year from the date of purchase
      4. Additional evaluations against additional uploads ; Resubmission of works due to low quality or any technical issues , as advised or required by the evaluators or FOA Expert team , will not be charged.
      5. Attempt by candidate rejected / or advised to resubmit on the grounds of low performance, low scores will be taken as one evaluation and his /her next evaluation will be charged.
      6. You may be asked to upload sample works again if the quality of the uploaded content is not of required quality by the FOA expert team or evaluators
      7. Your sample works will be evaluated by one or more evaluators as decided by FOA expert team
      8. You may have to upload more samples of your works if required by the evaluator/s or FOA expert team
      9. You may have to provide any other information related to your works if required by evaluators or FOA expert team
      10. You may have to give a live performance at your own costs if required by the evaluators or FOA expert team
      11. The place, venue and date of performance will be decided by the FOA team and will be informed much in advance to you
      12. You will be provided the evaluation reports informing Your FOA artist selected grade, expert comments,suggestions for improvement, guidance for future and career directions.

Content

Content means pictures, text material in any form like stories, ad posters, publicity and promotion posters, sounds, music, videos, audio-visual combinations, interactive features and other materials You may view on, access through, or contribute to the Web Site.

Registration and Account Information

Registration on the Web Site for all new Users is by invitation only, via email or through social media connects. If You wish to register yourself on the Web Site and avail of the Services that require maintenance of a FOA account (“Account”) such as, accessing certain FOA premiere content or uploading content on the Web Site, You will be required to furnish to FOA certain information and details, including Your name, e-mail id, and any other information deemed necessary by the Web Site (“Account Information”). You shall also be required to upload Your latest piece of work, or provide a link to the same, to FOA. FOA shall have the sole right and discretion to accept or reject Your registration application. Where FOA accepts Your application and You are registered on the Web Site, You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account.

Account Dos and Don’ts

You agree to abide by the following dos and don’ts for registering and maintaining the security of Your Account.

  1. You will use the Web Site and create and use the Account only if You are a natural person. If You are less than 18 years of age, You will use the Web Site and create and use the Account only if You have parental guidance or You receive consent from Your legal guardian.
  2. You will not create more than one Account for Yourself.
  3. You will not provide any false personal information to FOA, or create an Account for anyone other than Yourself without FOA’s permission.
  4. You shall ensure that the Account Information is complete, accurate, lawful and up-to-date at all times.
  5. You shall not use any other user’s Account Information or log into that user’s Account.
  6. You will not share Your password or do anything that might jeopardize the security of Your Account.
  7. You will not transfer Your Account to anyone
  8. If You select a username for Your Account, FOA reserves the right to remove or reclaim it if FOA believes appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  9. If FOA disables Your Account for any reason whatsoever, You will not create another one without FOA’s permission.
  10. You will upload only such information and content that you want to share with the public.

Suspension/ Termination of Account

If You wish to terminate Your Account, You may send an e-mail to FOA at support@faceofartz.com requesting the same. Similarly, FOA may, in its discretion, suspend or terminate Your Account for various reasons including, if:

  1. You violate any of the Account dos or don'ts listed above;
  2. You breach any of the provisions of the Terms of Service or other Web Site policies;
  3. There is prolonged inactivity in Your Account;
  4. You repeatedly upload Content that infringes other people’s intellectual property rights; or
  5. Your membership or services payment, if applicable, is overdue by more than 15 days.
  6. Upon termination of Your Account, all rights granted by FOA to You to use the Web Site or the Services will automatically terminate and FOA shall have no further obligation or liability towards You.

Membership and Subscription Services

  1. FOA may provide the following Services to its users on Membership and Subscription basis:
    1. Access to and viewing of FOA’s premiere content which may include FOA Content (as defined below) and Professionally Created Content (as defined below);
    2. Provision of mentorship services under specific genres of creative expression;
    3. Provision for uploading Content for participating in contests and responding to stimuli provided on the Web Site;
    4. Provision of content/data storage facilities beyond a specified free / minimum storage limit; and
    5. Any other Services that FOA may notify on the Web Site (collectively “Membership and Membership and Subscription Services”).
  2. If You wish to avail the Membership and Subscription Services, as and when the Membership and Subscription Services are made available, You shall be directed to the payment gateway, for payment of the applicable Membership and Subscription fees. The payment gateway is governed by its own terms of use. If You make a payment through the payment gateway, You agree to the payment terms thereof.
  3. All Membership and Subscription fees shall be inclusive of the applicable taxes which shall be charged at the rates prevailing at the time of payment of the fees.
  4. Any default in Your payment obligations with respect to the Membership and Subscription Services shall entitle FOA to suspend or terminate Your Account.
  5. You acknowledge that the Membership and Subscription fees are non-refundable. FOA is not required to provide a refund of any fees or amount paid for any reason, and that You will not receive money back for any prepaid fees when the Account is closed, whether such closure is voluntary or involuntary.
  6. No cash payments will be accepted for any Membership and Subscription services.
  7. All payments must be made through payment gateway
  8. Subscriptions are Free, Basic and Premium
  9. All subscriptions are valid for one year only, whether you use services are not
  10. Subscriptions once paid are not transferable , refundable, exchangeable.
  11. Free means absolutely free , one need not pay any money under this subscription
  12. Basic and Premium are payable. You may upgrade your Basic subscription to Premium by paying the difference amount.
  13. Once you are upgraded to Premium services, you are eligible for all premium services less services used as a Basic member.

Content Use and Ownership of IP

  1. Subject to compliance with the Terms of Service and all other applicable terms and guidelines, FOA grants You a non-exclusive, limited privilege to access and use this Web Site and the Services, to upload User Content (defined below) on the Web Site and view User Content and FOA Content (defined below) provided thereon, only for personal and non-commercial uses by You, as permitted by these Terms of Service and other policies of FOA, as amended from time to time.
  2. The term “User Content” includes all Content, including all communication and comments made by users and any other information or material uploaded by users on the Web Site. However, User Content does not include Professionally Created Content. “FOA Content” means all Content uploaded on the Web Site directly by FOA.
  3. FOA requires users to understand the manner in which intellectual property rights vest with respect to User Content and expects users to abide by certain principles laid down here, while uploading User Content on the Web Site.
  4. Rights in User Content
    1. Uploading User Content to the Web Site amounts to publishing the User Content.
    2. By uploading the User Content to the Web Site, You understand that all users visiting the Web Site / subscribers of the Web Site will be able to view the User Content. You also understand that the User Content uploaded by You may be viewed through other web sites. Users visiting the Web Site and other web sites may also recommend the User Content uploaded by You on such other web sites and such User Content may also be viewed through these other web sites. Further, You agree that the User Content uploaded by You shall automatically be uploaded to and viewed on other third party web sites including video sharing web sites like, www.youtube.com, through FOA customized channels or otherwise. In the event the User Content is uploaded on such other web sites, then, in addition to these Terms of Use, the terms of use of such other web sites will also apply. If, at any time, you wish to delete any particular User Content from the Web Site, You may send an email to FOA at support@faceofartz.com, requesting such User Content to be deleted and providing the specific link where the User Content is located on the Web Site. FOA shall, however, have the option of retaining the User Content or taking it down from the Web Site. In any event, the User Content shall be retained on FOA’s server and shall continue to be viewable through third-party websites. You agree that the suspension or termination of Your Account will not prohibit the users from accessing and viewing the User Content uploaded by You, unless the same is taken down / deleted by the Web Site.
    3. By uploading the User Content to the Web Site You agree that FOA shall have the right to distribute/broadcast the User Content online.
    4. FOA seeks to provide a platform for, and encourage, original talent and therefore, lays great emphasis on original Content. Accordingly, as a matter of policy, FOA requires all User Content uploaded by You to be original Content created by You, which should not be an adaptation of, or incorporate, any third party intellectual property.
    5. All User Content uploaded on the Web Site is made available to You by FOA on an ‘AS IS’ basis. FOA does not own any rights in any User Content. Accordingly, You retain all ownership rights in the User Content uploaded by You on the Web Site or subsequently uploaded by FOA on any third party web site. FOA expressly disclaims any and all liability in connection with User Content, whether on the Web Site or otherwise, including all comments provided by users and mentors.
    6. All User Content is subject to the Terms of Service. You agree that You will not upload on the Web Site, any material that is contrary to the Terms of Service, the Privacy Policy, or any other policy of FOA, as updated from time to time, or Content that is contrary to applicable local, national, and international laws and regulations.
    7. You agree not to circumvent, disable or otherwise interfere with security-related features of the Web Site or features that prevent or restrict use or copying of any User Content provided to You on the Web Site.
    8. You agree that FOA shall have no liability for, and You agree to defend, indemnify and hold FOA harmless against any claims, losses or damages arising out of, or in connection with, Your use of any User Content.
    9. You acknowledge that FOA is only an intermediary with respect to all User Content. However, on receiving written notification of alleged infringement of third party intellectual property rights by any User Content, FOA may, at its own discretion, remove the allegedly infringing User Content from the Web Site with or without prior notice to You. Please refer to our Report Abuse Policy for the procedure adopted by FOA for such take down of allegedly infringing Content.
    10. As the law may or may not recognize certain intellectual property rights in any particular Content, You should consult a lawyer if You want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any intellectual property rights You hold in any User Content, and that FOA cannot held any responsibility and not do so on Your behalf.
  5. Third Party Intellectual Property
    1. You represent and warrant that while uploading User Content on the Web Site, You shall abide by, and such User Content shall be in conformity with, the requirements of India’s Copyright Act, 1957 and all other applicable legislation. You also represent and warrant that the User Content uploaded by You does not infringe the copyright or other intellectual property rights of third parties.
    2. You agree that, in conformity with these Terms of Use, You shall not incorporate any third party intellectual property in the User Content uploaded by You. You shall not create and upload as User Content, an adaptation of any third party intellectual property, in any manner whatsoever. If, at any point in time, FOA becomes aware that the User Content uploaded by You or any part thereof, is not original and contains third party intellectual property, FOA retains the right to remove all such User Content from the Web Site. You agree that You, and not FOA, shall be entirely responsible for all such User Content uploaded on the Web Site.
  6. Rights in Content uploaded by FOA
    1. Unless otherwise notified by FOA, You should assume that all FOA Content, including all text, graphics, trademarks, logos, stimuli, and other materials made available on the Web Site constitutes material proprietary to FOA and is protected by applicable intellectual property laws, and may not be used by You, except as permitted by FOA.
    2. You agree and acknowledge that You do not acquire ownership in the FOA Content. You shall view the FOA Content only by way of streaming or any other functionality provided by the Web Site. You may view FOA Content for your personal, non-commercial use only, and strictly in the manner permitted under the Terms of Service.
  7. Professionally Created Content

    FOA may, from time to time, conduct contests or may invite users to create and submit Professionally Created Content. The term “Professionally Created Content” means all original Content created and uploaded by users as an entry for a FOA contest or as a response to some FOA stimuli, etc. All rights in Professionally Created Content will be governed by the Content Guidelines for the respective FOA contests or stimuli program under which the Professionally Created Content is submitted. If You wish to upload any Professionally Created Content on the Web Site as part of a FOA Contest or as a response of a FOA stimulus to which separate Content Guidelines are applicable, You shall be required to provide your express consent to the applicable Content Guidelines, prior to uploading such Content.

Safety

  1. You agree not to use or encourage, or permit others to use, the Web Site
    1. Make available any Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or promotes discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
    2. Intimidate and/or harass another;
    3. Incite others to commit violence;
    4. Harm minors in any way;
    5. Make available any Content in contravention of these Terms of Service or applicable policies, or any Content that You do not have a right to make available under any law or contractual or fiduciary relationship;
    6. Download, save or otherwise transmit, any of the Content available on the Web Site, in any manner, whether by means of current or future technologies;
    7. Make available any material that infringes any intellectual property rights or other proprietary rights of any party;
    8. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    9. Do anything unlawful, misleading, malicious, or discriminatory;
    10. Manipulate identifiers to disguise the origin of any of Content posted on, or transmitted through, the Web Site including, falsifying or deleting any author attributions, legal or other notices or labels of the origin of the Content or other material available on the Web Site;
    11. Post anyone’s identification documents or sensitive financial information on the Web Site;
    12. Use any of FOA’s domain names as a pseudonymous return email address;
    13. Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancel bots, or other computer programming routines that may harm the Web Site / the Services, interests or rights of other users, use other automated means such as harvesting bots, spiders, scrapers or robots, that may harvest or collect any data or personal information about other users without their consent, impair the functioning of the Web Site or engage in disruptive attacks such as a denial of service attack;
    14. Do anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
    15. Intentionally or unintentionally interfere with or violate any applicable laws related to the access to, or use of, the Web Site, violate any requirements, procedures, policies or regulations of networks connected to the Web Site;
    16. Disrupt or interfere with the security of, or otherwise cause harm to, the Web Site, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Web Site or any affiliated or Linked Sites (defined below);
    17. Circumvent the digital rights management mechanisms used by the Web Site to access, reproduce, store, etc., any Content, in an unauthorized manner and access or attempt to access Content by unauthorized means or use deep links, page scrape, or other automatic or manual devices or program to increase traffic to the Web Site;
    18. Access the Web Site through means other than through the interface that is provided by FOA or make the Service available over a network other than FOA’s network;
    19. Alter or modify any part of the Services;
    20. Violate any applicable laws or regulations for the time being in force in or outside India including but not limited to the sale, import, export, use etc., of illegal substances or gambling or other unlawful activities; or
    21. Violate any of the terms specified under the Terms of Service or Additional Terms, for the use of the Web Site.
    22. Any violation by You of this Section may result in immediate suspension or termination of Your Account without any refund of Membership and Services subscription or fees. In addition to the above, if You download, save or transmit by any means, any Content available on the Web Site as provided in clause 5.1.6 above, it may entail civil or criminal penalties or both.
    23. Your use of the Web Site may expose You to materials from others that may affect Your sensibilities. FOA provides You with a Report Abuse mechanism, which will enable You to report any such material to FOA. However, it is not mandatory for FOA to take down all such Content. If FOA does not take down such Content, You agree that Your only recourse will be to terminate Your Account with FOA. You hereby waive any legal or equitable rights or remedies You have or may have against FOA with respect thereto.
  2. You agree that You, and not FOA, are entirely responsible for all of the User Content that You distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services. You assume all risks associated with use of the User Content uploaded by You, including any reliance on its accuracy, originality, completeness or usefulness.
  3. You agree that FOA has the right to impose limits on certain features of the Web Site or restrict Your access to parts or all of the Services without notice or liability. FOA makes no commitment, express or implied, to maintain or continue any aspect of the Web Site.

Advertising and Links to Third Party Sites

  1. The Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of FOA and FOA shall not be held responsible for the contents of any Linked Site. The inclusion of any link does not imply endorsement by FOA, a warranty by FOA of the third party products or services or FOA’s association with its operators or owners. You are requested to verify the accuracy of all information on Your own before relying on such information. Any dealings that You may have with such third parties are at Your own risk.
  2. If You wish to advertise or place any third party advertisements as part of the Content to be uploaded by You on the Web Site, then You would need FOA’s prior written consent for such advertising. FOA is entitled to charge a certain fee for permitting You to advertise in the manner stated above.

Disclaimer

  1. YOU AGREE THAT YOUR USE OF THE WEB SITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE AND THE SERVICES AND ALL THIRD PARTY CONTENT, INCLUDING ALL USER GENERATED CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING IN THE COURSE OF DEALING OR USAGE OF TRADE. FOA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEB SITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE AND THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE NOT TO HOLD FOA LIABLE FOR ANY LOSS SUFFERED BY YOU BASED ON YOUR RELIANCE ON OR USE OF THE WEB SITE, THE SERVICES, OR ANY CONTENT, INCLUDING USER GENERATED CONTENT, OR ANY LOSS THAT MAY ARISE DUE TO DELAYS OR INTERRUPTIONS IN THE DELIVERY OF CONTENT FOR ANY REASON.
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOA, OR THROUGH, OR FROM, USE OF THE WEB SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. OTHER WRITTEN OR ORAL STATEMENTS BY FOA’S REPRESENTATIVES OR OTHERS DO NOT CONSTITUTE WARRANTIES OF FOA.
  3. To the maximum extent permitted by applicable law, FOA provides no warranty on use of third party content and shall not be liable for the same under intellectual property rights, libel, privacy, publicity, obscenity or other laws. FOA also disclaims all liability with respect to the misuse, loss, modification or unavailability of any third party content.
  4. FOA shall not be liable for any comments or remarks that are made on Your Content or comment by other users and disclaims all liabilities that may arise as a consequence of such comments or remarks.

Limitation of Liability

  1. IN NO EVENT SHALL FOA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT FOA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE WEB SITE, THE SERVICES OR THE CONTENT.
  2. IN CASE THE LAW PROHIBITS COMPLETE EXCLUSION OF LIABILITY, FOA’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO RUPEES FIVE THOUSAND ONLY (RS. 5,000) OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE WEB SITE OR THE SERVICES, WHICHEVER IS LESSER.

Intellectual Property Policy

  1. FOA respects the intellectual property rights of others, and expects its users to do the same. Therefore, as a matter of policy, FOA requires that You upload only original Content created by You. FOA may, in its sole discretion, take steps including, by way of terminating Your Account, if You violate others’ intellectual property rights by uploading User Content that is not original.
  2. FOA is the sole owner of the FOA (word and logo) marks, service marks, trade name and any other marks used by FOA in future (collectively “Trademarks”). You agree not to interfere with FOA’s rights in the Trademarks, including challenging FOA’s use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of FOA.
  3. All Trademarks, domain name, trade dress including the look, feel and design of the Web Site, its text, graphics, button icons, interfaces, etc., and the selection and arrangements thereof, is the property of FOA, unless otherwise indicated. All this content is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by FOA.
  4. All third party trademarks advertised on the Web Site belong solely to the respective third party and FOA does not have any rights over such third party trademarks.
  5. You are requested to report any violation of rights in, or misuse of, the Trademarks, by accessing our Report Abuse section.
  6. The copyright in the Content made available on the Web Site belongs either to FOA or to the respective Content providers, as the case may be. Nothing in this policy grants to any third party a license or assignment of the copyright in such Content.
  7. FOA operates a clear Report Abuse Policy, for claims with respect to infringement of copyright. Please direct all claims with regard to infringement of copyright in the Content to FOA’s Copyright Agent / Grievance Officer under the take down mechanism provided.

Indemnity

You agree to defend, indemnify and hold harmless FOA, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Web Site and the Services; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and Your use of the Service.

Governing Law & Jurisdiction

  1. These Terms of Service and any action related thereto and the use of the Web Site will be governed by the laws of the Republic of India without regard to, or application of, conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Hyderabad, India and You consent to the jurisdiction of such courts and waive any objection as to inconvenient forum.
  2. FOA accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Web Site can be accessed or used or any facility can be availed of in a country other than India will not imply that FOA accedes to the laws of such country.

General Provisions

  1. Notice: Any notice to be provided to FOA should be sent to FOA Communications Private Limited, emperors Enclave, Road No.12, Banjara Hills, Hyderabad-5000 , Telangana State,INDIA - Attention: FOA Legal.
  2. Entire Agreement: The Terms of Service, along with the other Web Site policies made applicable on the Web Site from time to time, constitute the entire agreement between FOA and You with respect to Your access to and use of the Web Site and supersede any prior agreements between You and FOA on the subject matter.
  3. Assignment: You cannot assign or otherwise transfer the Terms of Service, or any right granted hereunder to any third party.
  4. Severability: If any of these Terms of Service are deemed invalid, void, or for any reason unenforceable, that part of the Terms of Service will be deemed severable and will not affect the validity and enforceability of any remaining Terms of Service.
  5. Waiver: Any failure by FOA to enforce or exercise any provision of the Terms of Service, or any related right, shall not constitute a waiver by FOA of that provision or right.
  6. International Users: The Web Site is controlled and operated by FOA from its offices in India. You agree that: (i) the Service shall be deemed solely based in India; and (ii) the use of the Web Site and the Services do not give rise to personal jurisdiction over FOA, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to these Terms of Service and all other policies and guidelines provided by FOA and to the provision of Services by FOA and Your use of the same. FOA makes no representation that the Web Site, Services or Content are appropriate or available for use at other locations outside India, and access to the Web Site from jurisdictions where the Services or Content are illegal is prohibited. FOA reserves the right to block access to the Web Site by certain international users. If You access the Web Site from a location outside India, You are responsible for compliance with all applicable local laws.
  7. Relationship: The Terms of Service shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and FOA.

FOA provides these Terms of Service on the Web Site so that You are aware of the terms that apply to Your use of the Web Site and the Services. You acknowledge that FOA has given You a reasonable opportunity to review these Terms of Service and that You have agreed to them.

The information contained on this Web Site is subject to change without notice.

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