Terms of Use
Welcome to MyFilmOffers.com! It is
important to read the following information if you continue to browse and use
this website, especially if you intend to access or buy or sell or rent or hire
any service or product.
If you agree to abide by the Terms
and Conditions mentioned along with our General Guidelines and Terms and
Conditions then it will help in building a strong relation between the team of
MyFilmOffers.com and its users.
If you do not agree to the terms of
this agreement or are not satisfied with the service, you can give us your
valuable suggestions in the mail id mentioned in the contact details.
Please Read Carefully Before Using
This Website:
This website is maintained by Film
Insurance Inc, referred to as MyFilmOffers throughout this document. This
webpage contains the Terms of Use governing your access to and use of the
www.MyFilmOffers.com (the “Website” or “Site”). If you do not accept these
Terms of Use or you do not meet or comply with their provisions, you are not
authorized to use the Website.
SECTION - A
TERMS APPLICABLE TO ALL USERS
1.
Overview
YOUR USE OF THIS WEBSITE IS
EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered
with this Website, your use of the Website will be deemed to be acceptance of
the Terms of Use, Section A.
For users who are registered with
the Website, your use of the Website shall be subject to (i) certain designated
terms (see Section B below) in addition to those terms applicable to all users
and (ii) shall be further conditioned on your [clicking the "I AGREE TO
THE TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT
COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS
WEBSITE.
2.
Changes to Terms
MyFilmOffers may, at any time, for any reason and
without notice, make changes to (i) this Website, including its look, feel,
format, and content, as well as (ii) the products and/or services as described
in this Website. Any modifications will take effect when posted to the Website.
Therefore, each time you access the Website, you need to review the Terms of
Use upon which access and use of this Website is conditioned. By your
continuing use of the Website after changes are posted, you will be deemed to
have accepted such changes.
3.
Jurisdiction
The Website is directed to those
individuals and entities located in India. It is not directed to any person or
entity in any jurisdiction where (by reason of nationality, residence, citizenship
or otherwise) the publication or availability of the Website and its content,
including its products and services, are unavailable or otherwise contrary to
local laws or regulations. If this applies to you, you are not authorised to
access or use any of the information on this Website. MyFilmOffers makes no representation that the
information, opinions, advice or other content on the Website (collectively,
"Content") is appropriate or that its products and services are
available outside India. Those who choose to access this Website from other
locations do so at their own risk and are responsible for compliance with
applicable local laws.
4.
Scope of Use and User E-Mail
You are only authorised to view,
use, copy for your records and download small portions of the Content
(including without limitation text, graphics, software, audio and video files
and photos) of this Website for your informational, non-commercial use, provided
that you leave all the copyright notices, including copyright management
information, or other proprietary notices intact.
You may not store, modify,
reproduce, transmit, reverse engineer or distribute a significant portion of
the Content on this Website, or the design or layout of the Website or
individual sections of it, in any form or media. The systematic retrieval of
data from the Website is also prohibited.
E-mail submissions over the Internet
may not be secure and are subject to the risk of interception by third parties.
Please consider this fact before e-mailing any information. Also, please
consult our Privacy Policy. You agree not to submit or transmit any e-mails or
materials through the Website that: (i) are defamatory, threatening, obscene or
harassing, (ii) contain a virus, worm, Trojan horse or any other harmful
component, (iii) incorporate copyrighted or other proprietary material of any
third party without that party's permission or (iv) otherwise violate any
applicable laws. MyFilmOffers shall not be subject to any
obligations of confidentiality regarding any information or materials that you
submit online except as specified in these Terms of Use, or as set forth in any
additional terms and conditions relating to specific products or services, or
as otherwise specifically agreed or required by law.
The commercial use, reproduction,
transmission or distribution of any information, software or other material
available through the Website without the prior written consent of MyFilmOffers is strictly prohibited.
5.
Copyrights and Trademarks
The materials at this Site, as well
as the organisation and layout of this site, are copyrighted and are protected
by Indian and international copyright laws and treaty provisions. You may
access, download and print materials on this Website solely for your personal
and non-commercial use; however, any print out of this Site, or portions of the
Site, must include MyFilmOffers’s copyright notice. No right,
title or interest in any of the materials contained on this Site is transferred
to you as a result of accessing, downloading or printing such materials. You
may not copy, modify, distribute, transmit, display, reproduce, publish,
license any part of this Site; create derivative works from, link to or frame
in another website, use on any other website, transfer or sell any information
obtained from this Site without the prior written permission of MyFilmOffers
Except as expressly provided under
the "Scope of Use" Section above, you may not use, reproduce, modify,
transmit, distribute, or publicly display or operate this Website without the
prior written permission of MyFilmOffers. You may not use a part of this
Website on any other Website, without MyFilmOffers’s prior written consent.
MyFilmOffers respects the intellectual property
rights of others and expects our Users/ users to do the same. The policy
of MyFilmOffers is to terminate the accounts of
repeat copyright offenders and other users who infringe upon the intellectual
property rights of others. If you believe that your work has been copied in a
way that constitutes copyright infringement, please contact us at email:
info(a)MyFilmOffers.com
6.
Links
For your convenience, we may provide
links to various other Websites that may be of interest to you and for your
convenience only. However, MyFilmOffers does not control or endorse such
Websites and is not responsible for their content nor is it responsible for the
accuracy or reliability of any information, data, opinions, advice, or
statements contained within such Websites. Please read the terms and conditions
or terms of use policies of any other company or website you may link to from
our website. These Terms of Use policy applies to MyFilmOffers’s website and the products and
services MyFilmOffers offers. If you decide to access any of the third
party sites linked to this Website, you do so at your own risk. MyFilmOffers reserves the right to terminate any
link or linking program at any time. MyFilmOffers disclaims all warranties, express
and implied, as to the accuracy, validity, and legality or otherwise of any
materials or information contained on such sites.
You may not link to this Website
without MyFilmOffers’s written permission. If you are interested in
linking to this Website, please contact us at email: info(a)MyFilmOffers.com
7.
No Unlawful or Prohibited Use
As a condition of your use of the
Website, you warrant to MyFilmOffers that you will not use the Website
for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Website in any manner that could damage, disable,
overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Website. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the Site.
8.
Spamming
Gathering email addresses from MyFilmOffers through harvesting or
automated means is prohibited. Posting or transmitting unauthorised or
unsolicited advertising, promotional materials, or any other forms of
solicitation to other Users is prohibited. Inquiries regarding a commercial
relationship with MyFilmOffers should be directed to email:
info(a)MyFilmOffers.com
9.
No Warranties
THE WEBSITE, AND ANY CONTENT, ARE
PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT,
ALL OF WHICH MyFilmOffers EXPRESSLY DISCLAIMS. MyFilmOffers DOES NOT ENDORSE AND MAKES NO
WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE
CONTENT, AND MyFilmOffers WILL NOT BE LIABLE OR OTHERWISE
RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE
HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. MyFilmOffers MAKES NO REPRESENTATIONS OR
WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE
RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND
USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY
CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY
OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY MyFilmOffers
10.
Governing Law, Location and
Miscellaneous
These Terms of Use shall be governed
in all respects by the laws of India, without reference to its choice of law
rules. If an applicable law is in conflict with any part of the Terms of Use,
the Terms of Use will be deemed modified to conform to the law. The other
provisions will not be affected by any such modification.
11.
Separate Agreements
You may have other agreements
with MyFilmOffers Those agreements are separate
and in addition to these Terms of Use. These Terms of Use do not modify, revise
or amend the terms of any other agreements you may have with MyFilmOffers
12.
Resident
You represent that you are a
resident of the country which you mentioned in the user registration form while
registering with the website: www.MyFilmOffers.com
13.
No Professional Advice
The information available on the
Website is intended to be a general information resource regarding the matters
covered, and is not tailored to your specific circumstance. You should not
construe this as legal, accounting or other professional advice. This Website
is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION,
OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE
SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS
APPROPRIATE.
14.
Users Disputes
You are solely responsible for your
interactions with other Users. MyFilmOffers reserves the right, but has no
obligation, to monitor disputes between you and other Users.
15.
User Submissions and
Communications; Public Areas:
You acknowledge that you own, solely
responsible or otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content you supply does not
violate these Terms of Use and will not cause injury to any person or entity;
and that you will indemnify MyFilmOffers or its affiliates for all claims
resulting from content you supply.
If you make
any submission to an area of the Website accessed or accessible by the public
(“Public Area”) or if you submit any business information, idea, concept or
invention to MyFilmOffers by email, you automatically represent and
warrant that the owner of such content or intellectual property has expressly granted MyFilmOffers a royalty-free, perpetual,
irrevocable, world-wide nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute, perform,
and display the communication or content in any media or medium, or any form, format,
or forum now known or hereafter developed. MyFilmOffers may sublicense its rights through
multiple tiers of sublicenses. If you wish to keep any business information,
ideas, concepts or inventions private or proprietary, you must not submit them
to the Public Areas or to MyFilmOffers by email. We try to answer every
email in a timely manner, but are not always able to do so.
Some of the forums (individual
bulletin boards and posts on the social network, for instance) on the Website
are not moderated or reviewed. Accordingly, Users will be held directly
and solely responsible for the content of messages that are posted. While not
moderating the forums, the Site reviewer will periodically perform an
administrative review for the purpose of deleting messages that are old, have
received few responses, are off topic or irrelevant, serve as advertisements or
seem otherwise inappropriate. MyFilmOffers has full discretion to delete
messages. Users are encouraged to read the specific forum rules displayed in
each discussion forum first before participating in that forum.
MyFilmOffers reserves the right (but is not
obligated) to do any or all of the following:
(a) Record the
dialogue in public chat rooms.
(b) Examine an
allegation that a communication(s) do(es) not conform to the terms of this
section and determine in its sole discretion to remove or request the removal
of the communication(s).
(c) Remove
communications that are abusive, illegal, or disruptive, or that otherwise fail
to conform to these Terms of Use.
(d) Terminate a Member's
access to any or all Public Areas and/or the MyFilmOffers Site upon any breach of these Terms
of Use.
(e) Monitor, edit,
or disclose any communication in the Public Areas.
(f) Edit or delete
any communication(s) posted on the MyFilmOffers Site, regardless of whether such
communication(s) violate these standards.
MyFilmOffers reserves the right to take any
action it deems necessary to protect the personal safety of our guests or the
public. MyFilmOffers has no liability or responsibility to users of
the MyFilmOffers Website or any other person or entity for
performance or non-performance of the aforementioned activities.
16.
Arbitration
Except as regarding any action
seeking equitable relief, including without limitation for the purpose of
protecting any MyFilmOffers confidential information and/or
intellectual property rights, any controversy or claim arising out of or
relating to these Terms of Use or this Website shall be settled by binding
arbitration in accordance with the provisions, in effect at the time the proceedings
begin, of the Arbitration & Conciliation Act 1996. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The
arbitration shall be held in Secunderabad Court, Telangana, India.
All information relating to or
disclosed by any party in connection with the arbitration of any disputes
hereunder shall be treated by the parties, their representatives, and the
arbitrator as proprietary business information. Such information shall not be
disclosed by any party or their respective representatives without the prior
written authorisation of the party furnishing such information. Such
information shall not be disclosed by the arbitrator without the prior written
authorisation of all parties. Each party shall bear the burden of its own
counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by
the arbitrator may be entered in any court having jurisdiction over the parties
or their assets or application of enforcement, as the case may be. Any award by
the arbitrator shall be the sole and exclusive remedy of the parties. The
parties hereby waive all rights to judicial review of the arbitrator's decision
and any award contained therein.
17.
Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR
OWN RISK. MyFilmOffers SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT
(EVEN IF MyFilmOffers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN
TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS,
PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE
WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF
GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS
TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY MyFilmOffers SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
18.
Indemnity
You agree to defend, indemnify, and
hold MyFilmOffers, its officers, directors,
employees, agents, licensors, and suppliers, harmless from and against any
claims, actions or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees, resulting from, or alleged to
result from, your violation of these Terms of Use.
SECTION - B
ADDITIONAL
TERMS APPLICABLE ONLY TO REGISTERED USERS
19.
Accounts and Security
MyFilmOffers does not warrant that the functions
contained in the service provided by the Website will be uninterrupted or
error-free, that defects will be corrected or that this service or the server
that makes it available will be free of viruses or other harmful components.
As part of the registration process,
each user will select a password (“Password”) and Login Name (“Login Name”).
You shall provide MyFilmOffers with accurate, complete, and updated
Account information. Failure to do so shall constitute a breach of this Terms
of Use, which may result in immediate termination of your Account.
You may not:
(a) select or use
a Login Name of another person with the intent to impersonate that person;
(b) use a name subject
to the rights of any other person without authorisation;
(c) use a Login
Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify MyFilmOffers of any known or suspected
unauthorised use(s) of your Account, or any known or suspected breach of
security, including loss, theft, or unauthorised disclosure of your
password. You shall be responsible for maintaining the confidentiality of
your password.
Any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of your Account,
at MyFilmOffers’s sole discretion, and you may
be reported to appropriate law-enforcement agencies.
20.
The website content:
This website contains material which
is owned by us, unless stated otherwise. This material includes, but is
not limited to, the design, data flow, logos, layout, look, appearance and
graphics. Reproduction is prohibited other than in accordance with the
copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this
website, which are not the property of, or licensed to the operator, are
acknowledged on the website.
21.
Copyright notice
This website and its content are
copyright of "MyFilmOffers" All rights are reserved.
Any redistribution or reproduction
of part or all of the contents in any form is prohibited.
22.
Content policy
It is our policy to respond to
notices of alleged infringement; we will remove the photos immediately.
However, it is not our responsibility to check the copyright status of photos
uploaded and hence cannot be held liable against what our members upload.
You must own, or have permission to
use, any photos that you upload to MyFilmOffers.com.
Note: Images that are under obvious
copyright, such as the Windows/Mac sample pictures, will be deleted immediately
without notification.
23.
Security
We are committed to ensure that your
information is secure. In order to prevent unauthorized access or disclosure we
have put in place suitable physical, electronic and managerial procedures to
safeguard and secure the information we collect online.
SECTION - C
CROWDFUNDING
TERMS OF USE
24.
Definitions
In these Terms, we refer to those
raising funds or sellers as "Promoters" and to their fundraising campaigns or pre-sales
campaigns or event campaigns as "Campaigns”. We refer to those contributing
funds or buyers as "Contributors" and to the funds they
contribute or pre-order purchase funds or pre-sales funds as "Contributions”. Promoters, Contributors and other
visitors to the Services are referred to collectively as "Users”.
25.
Pre-sales and Crowdfunding at
MyFilmOffers is an online Venue
Pre-sales and Crowdfunding at
MyFilmOffers is an online venue for people and entities seeking to raise funds
for their own Campaigns and to contribute to the Campaigns of others. Promoters
can sell products, do product pre-sales, service pre-sales, opportunity
pre-sales, offer gifts or rewards in the form of tangible items or intangible
services (collectively referred to as “Rewards" through out this document)
to Contributors. Pre-sales and Crowdfunding at MyFilmOffers makes no
representations about the quality, safety, morality or legality of any
Campaign, Reward or Contribution or the truth or accuracy of User Content (as
defined below) posted on the Services. Pre-Sales and Crowdfunding at
MyFilmOffers does not represent that Promoters will deliver Rewards or products
or that Contributions will be used as described in the Campaign. Users use the
Services or purchase products at their own risk.
26.
Eligibility to Use the Services
Users under 18 years of age are not
eligible to use the Services without consent. Users between the ages of 13 and
17, can use the Services with the consent and supervision of a parent or legal
guardian who is at least 18 years old, provided such parent or legal guardian
also agrees to be bound by the Terms and agrees to be responsible for such use
of the Services. Users suspended from using the Services are not eligible to
use the Services. Pre-Sales and Crowdfunding at MyFilmOffers reserves the right
to refuse use of the Services to anyone and to reject, cancel, interrupt,
remove or suspend any Campaign, Contribution, or the Services at any time for
any reason without liability.
27.
Prohibited Campaigns
Promoters are not permitted to
create a Campaign to raise funds for illegal activities, to cause harm to
people or property, or to scam others. If the Campaign is claiming to do the
impossible or it's just plain phony, don't post it. Users must comply with all
applicable laws and regulations in connection with their Campaigns, including
offering Rewards and using Contributions. Promoters shall not make any false or
misleading statements in connection with their Campaigns.
28.
Prohibited Rewards
Promoters are not permitted to offer
or provide any of the following as a Reward:
•
any form of "security" (as
such term is defined in the Securities Act of 1933, USA);
•
any form of financial incentive or
participation in any profit sharing;
•
any alcoholic consumer products
(vouchers or memberships offering physical delivery of alcoholic consumer
products are permitted);
•
any controlled substance or drug
paraphernalia;
•
any weapons, ammunition and related
accessories;
•
any form of lottery or gambling;
•
any form of air transportation; or
•
any items promoting hate,
discrimination, personal injury, death, damage, or destruction to property; or
any items (a) prohibited by applicable law to possess or distribute, (b) that
would violate applicable law if distributed, or (c) that would result in
infringement or violation of another person's rights if distributed.
29.
Community Guidelines
Crowdfunding at MyFilmOffers is not
a place for hatred, abuse, discrimination, disrespect, profanity, meanness,
harassment, or spam. Do not:
•
use the Services to promote
violence, degradation, subjugation, discrimination or hatred against
individuals or groups based on race, ethnic origin, religion, disability,
gender, age, veteran status, sexual orientation, or gender identity;
•
post images or videos that are
sexually explicit or post links to sites that contain sexually explicit
material or show people or animals being hurt or degraded;
•
spam the comments sections or other
Users with offers of goods and services or inappropriate messages;
•
engage in any activity that
interferes with or disrupts the proper working of the Services or any
activities conducted on the Services; or
•
take any action that imposes, in
Pre-sales and Crowdfunding at MyFilmOffers’s sole discretion, an unreasonable
load on Pre-sales and Crowdfunding at MyFilmOffers's infrastructure.
•
represent products created by others
as your own creation, or act as a reseller of other’s products.
Pre-sales and Crowdfunding at
MyFilmOffers reserves the right to remove Campaigns and terminate User Accounts
for such activities.
Prohibited Visual Elements in
Campaign Images
Promoters are not permitted to do
any of the following with Campaign images:
•
incorporate MyFilmOffers colors and
branding elements, including but not limited to logos, colored frames, borders
or badges;
•
include any visual element that
could be interpreted to have been produced by MyFilmOffers, including but not
limited to banners, progress bars or sales stats or funding stats;
•
include any visual element that
communicates endorsement by MyFilmOffers.
30.
Disputes between Promoters and
Contributors
Promoters are legally bound to
perform on any promise and/or commitment to Contributors (including delivering
any Rewards). Pre-sales and Crowdfunding at MyFilmOffers does not recognize any
third party and/or agency affiliated with the Campaign as a Promoter. If a
Promoter is unable to perform on any promise and/or commitment to Contributors,
the Promoter will work with the Contributors to reach a mutually satisfactory
resolution, which may include the issuance of a refund of Contributions by the
Promoter. Pre-sales and Crowdfunding at MyFilmOffers is under no obligation to
become involved in disputes between Promoters and Contributors, or Users and
any third party. In addition, Pre-sales and Crowdfunding at MyFilmOffers is
under no obligation to become involved in disputes regarding the determination
of the rightful Promoter, and will not be obligated to make any changes to
Promoter accounts or transfer of ownership. In the event of any dispute, such
as a Promoter's alleged failure to comply with the Terms or alleged failure in
fulfilment of a Reward, we may provide the Promoter's contact information to
the Contributor so that the two parties may resolve their dispute.
31.
User Accounts
All information submitted in
connection with a User account on the Services (each, a “User Account”) must be
accurate and truthful. Users agree to notify MyFilmOffers immediately if their
User Account has been used without authorization or there has been any other
breach of security of the User Account. Each User also agrees to provide
additional information MyFilmOffers may reasonably request and to answer
truthfully and completely any questions MyFilmOffers might ask you in order to
verify such User's identity.
32.
License to Users
MyFilmOffers grants each User a
limited, non-exclusive, non-transferable, revocable license to use the Services
subject to such User's eligibility and continued compliance with the Terms.
33.
Promoters
Promoters are permitted to offer
Rewards to Contributors. Promoters are legally bound to perform on any promise
and/or commitment to Contributors (including delivering any Rewards). This
commitment includes shipping Rewards to Pre-sales and Crowdfunding at
MyFilmOffers Contributors before fulfilling any orders received after the
Campaign has ended. Promoters will respond promptly and truthfully to all
questions posed to them by MyFilmOffers or any Contributor. If any Promoter is
unable to fulfill any of its commitments to Contributors (including delivering
any Rewards), the Promoter will work with the Contributors to reach a mutually
satisfactory resolution, which may include refunding their Contributions.
Promoters will comply with all applicable laws and regulations in the use of
Contributions and delivery of Rewards. Promoters are responsible for collecting
and remitting any taxes on Contributions, and any taxes due in connection with
Rewards. MyFilmOffers may attempt to verify the identity and other information
provided to us by Promoters, and we may delay, withhold, reverse or refund any
Contributions or other amounts without notice or liability in the event we are
unable to verify any such information to our satisfaction. Promoter eligibility
is subject to MyFilmOffers’s review of the fulfilment status of prior pre-sales
and crowdfunding obligations. MyFilmOffers reserves the right to prohibit or
remove a Campaign if the Promoter is delayed by three months or more in
fulfilling a prior pre-sales and crowdfunding project on pre-sales and
Crowdfunding at MyFilmOffers or another platform.
34.
Contributors
Contributors are solely responsible
for asking questions and investigating Promoters and Campaigns to the extent
they feel is necessary before making a Contribution. All Contributions are made
voluntarily and at the sole discretion and risk of the Contributor. Pre-sales
and Crowdfunding at MyFilmOffers does not guarantee that Contributions will be
used as promised, that Promoters will deliver Rewards, or that the Campaign
will achieve its goals. MyFilmOffers does not endorse, guarantee, make
representations, or provide warranties for or about the quality, safety,
morality or legality of any Campaign, Reward or Contribution, or the truth or
accuracy of User Content posted on the Services. Contributors are solely
responsible for determining how to treat their Contributions and receipt of any
Rewards for tax purposes. If a Contribution is returned to a Contributor, the
associated Rewards, if any, shall be cancelled.
35.
Service Fees
Setting up an account on the
Services is free. We do charge our Service fees to Contributors. Unless
otherwise expressly indicated on the Services, we do charge our Service fees to
Promoters as a portion of the Contributions they raise (the "Service
Fees"). Changes to Service Fees are effective after we post notice of the
changes on the Services. Updated Service Fees are applied to Campaigns launched
after the notice is posted.
36.
Refunds
Contributors may request a refund
from Pre-sales and Crowdfunding at MyFilmOffers within a week of payment or
purchase.
Contributions are eligible for a
refund by Pre-sales and Crowdfunding at MyFilmOffers unless (a) the
contribution funds have already been transferred to the Promoter, (b) the
product delivery initiated against a purchase order to MyFilmOffers by the Promoter,
(c) the Reward associated with the contribution has been fulfilled, or (d)
MyFilmOffers determines that there has been an abuse of these Terms of Use.
Crowdfunding at MyFilmOffers reserves the right to terminate User Accounts and
remove Campaigns for any abuse of this refund policy. For Campaigns that have
ended, or in situations where the contribution funds have been transferred to
the Promoter or taken against purchase order of Promoter by MyFilmOffers,
Contributors should contact the Promoter directly regarding refunds.
37.
Taxes
Taxing authorities may classify
funds raised on the Services as taxable income to the Promoter and any
beneficiary who will receive funds directly from the applicable Campaign.
MyFilmOffers will ask for the tax identification number of Promoters and any beneficiaries
so that we may report taxable income to the relevant taxing authorities.
MyFilmOffers will provide Promoters with a tax document if required by the
relevant taxing authorities.
38.
User Content
While using the Services, Users may
post photos, videos, text, graphics, logos artwork and other audio or visual
materials (collectively, "User Content"). Users grant MyFilmOffers a
perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide
license to use, publicly display, publicly perform, store, reproduce, modify,
create derivative works, and distribute User Content of any User on or in
connection with the Services and our related marketing and promotional
activities. As between Users and MyFilmOffers, Users continue to hold all
ownership interest in their User Content. Each User represents and warrants
that its User Content and our use of such User Content will not infringe any
third party's intellectual property rights, proprietary rights, privacy rights,
confidentiality, rights of publicity or otherwise violate these Terms or
applicable law.
39.
Promotions
Promoters may not offer any contest,
competition, giveaway, sweepstakes or similar activity (each, a
"Promotion") on the Services without MyFilmOffers's prior written
permission (which may be granted or withheld by MyFilmOffers in its sole and absolute
discretion). Promoters may request permission from MyFilmOffers by sending an
email to info(a)MyFilmOffers.com. Subject to and upon any such permission, each
Promoter offering any Promotion further acknowledges and agrees that: (a) such
Promoter shall be solely responsible for all facets of each such Promotion; (b)
such Promotion does not require any Contribution or other payment of any amount
as the sole method of entry into such Promotion; and (c) the official rules for
such Promotion shall include clear and conspicuous language to the effect that:
(i) Pre-Sales and Crowdfunding at MyFilmOffers does not sponsor, endorse or
administer the Promotion; (ii) each participant or entrant in the Promotion
releases MyFilmOffers from any and all liability; and (iii) all questions
concerning the Promotion must be directed to the Promoter and not to
MyFilmOffers.
40.
Payment Services
Campaign Owners who utilize Payment
Gateway Services and Contributors engaging with these services for a Campaign
agree to comply with the Payment Gateway's Pre-sales, Crowdfunding, and
Acceptable Use Policies. MyFilmOffers facilitates Pre-sales and Crowdfunding by
offering various Payment Gateway options, including PayPal, RazorPay, PayU,
CashFree, and PhonePe, for online payment services.
Credit card payment processing for
Promoters on Pre-sales and Crowdfunding at MyFilmOffers is provided through
Payment Gateway Services and is governed by their respective Service Agreements
and Terms of Service. By acting as a Promoter on Pre-sales and Crowdfunding at
MyFilmOffers, you acknowledge and agree to be bound by the terms of the
applicable Payment Gateway Service Agreement, which may be updated periodically
by the Payment Gateway provider.
As a condition of using credit card
payment processing through any available Payment Gateway, you must provide
accurate and complete information about yourself and your business to
MyFilmOffers. You also authorize MyFilmOffers to share this information, along
with transaction details, with the selected Payment Gateway.
Standard credit card or third-party
processing fees apply in addition to any Service Fees. Please note that
MyFilmOffers is not responsible for the performance of third-party credit card
processing or other payment services.
41.
Assignment
The Terms, and any rights and
licenses granted hereunder, may not be transferred or assigned by any User, but
may be assigned by MyFilmOffers without restriction or consent.
42.
Termination; Survival
Termination may result in the
forfeiture and destruction of all information associated with any User Account.
Users may terminate their User Account by following the instructions on the
Services, but MyFilmOffers may retain the User Account information after
termination in accordance with regulatory, accounting, and legal compliance
procedures. All provisions of the Terms that by their nature should survive
termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
43.
Disclaimers
Promoters and other Users should be
aware that many states impose charitable fund solicitation laws to guide direct
or indirect fund solicitation activities in those states. While provisions vary
state to state, these state laws typically include registration and reporting
requirements. MyFilmOffers merely provides a technology platform to allow
Promoters to connect with Contributors. Users who access or use the Services do
so at their own volition and are entirely responsible for compliance with
applicable law.
MyFilmOffers makes no
representations, warranties or other assertions as to the potential tax
deductible status of any Contribution by a Contributor to a charitable cause or
to a Campaign whose purported recipient is a recognized tax -advantaged
organization under the Internal Revenue Code. The listing of an organization
via the Services does not necessarily mean that the organization has been
deemed— or remains currently deemed—a charitable or tax-advantaged organization
by the Internal Revenue Service.
44.
Export Compliance
Users agree to comply with all laws,
restrictions and regulations relating to the export of products and
information. Funds may be frozen and/or turned over to the applicable
governmental enforcement agency if a Campaign is deemed to be in violation of Export
Laws.
45.
Cooperation with Authorities and
Police Enforcement
We will cooperate with law
enforcement authorities as required by law. We will cooperate with law
enforcement agencies in any investigation of alleged illegal activity regarding
the use of the Services when requested.
46.
Notification Procedures
Users agree MyFilmOffers may provide
notifications to such User via email, written or hard copy notice, or through
conspicuous posting of such notice on our website. Users may opt out of certain
means of notification or to receive certain notifications.
47.
Unsolicited Idea Submissions
Consistent with our culture of open
innovation, we are always pleased to hear from our user community and welcome
comments or suggestions to improve the Services. However, to avoid future
misunderstandings when new products, services and features developed internally
by MyFilmOffers might be similar or even identical to a submission received by
Pre-Sales and Crowdfunding at MyFilmOffers, the following policy applies to all
third party User submissions to Pre-Sales and Crowdfunding at MyFilmOffers of
ideas, comments, suggestions, proposals or materials: (a) all submissions shall
be considered non-confidential and non-proprietary; (b) MyFilmOffers will have
no obligation concerning the submission, contractual or otherwise (including,
without limitation, confidentiality); (c) MyFilmOffers will not be liable for
any use or disclosure of any submission; and (d) MyFilmOffers shall be entitled
to unrestricted use of the submission for any purpose whatsoever, commercial or
otherwise, without compensation to the third party submitting User.
48.
Entire Agreement / Severability
These Terms are the entire agreement
between each User and MyFilmOffers regarding its subject matter. If any
provision of these Terms are deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force
and effect. MyFilmOffers's failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or provision.
MyFilmOffers WILL TAKE NO ACTION
UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS
OUTLINED ABOVE.
49.
Fraud Detection Algorithm
Our proprietary technology uses
sophisticated algorithms to monitor data for patterns and quickly identify
violations of our terms of use.
50.
Community Reporting
We encourage our community to report
suspicious activity and voice concerns via comments, the Contact us page.
51.
Trust & Safety Team
Our in-house team of experts reviews
the data and customer feedback closely, and takes appropriate action to protect
the integrity of our platform.
52.
Campaigners
We work closely with leaders in
payments including Razorpay, Cashfree, PayPal, and PayU to ensure your funds
are processed securely and efficiently.
Give contributors peace of mind by
including information about your team such as track record, qualifications,
risks & challenges, and external links. Enhance your profile with
verification.
Keep everyone informed through
commenting, direct communication, and frequent updates. Engaging contributors
will establish trust, manage expectations, and may lead to some fresh ideas!