This website www.fthecouch.com (“Website”) and the mobile application (“App”) are owned and operated by FTC TALENT MEDIA & ENTERTAINMENT Private Limited (“Company”).
The use of the Website and the App is only for individuals competent to contract as per applicable Indian laws (i.e. person above 18 years of age, and who is sound mind and is not disqualified from contracting by any law to which he is subject (“Eligible Person(s)”).
In case the services offered by the Website and App are for and on behalf of a minor or a child artist or a person who is not an Eligible Person, the Website and App must be accessed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child artist or person who is not an Eligible Person. Such parents/legal guardians will be responsible for adhering to this User Agreement and for the actions of the minor, child artist or a person who is not an Eligible Person, on whose behalf he/she accesses the Website/App without any liability whatsoever on the Company.
- USER AGREEMENT
1.2 The words “we”, “us”, “our” including all their grammatical connotations as used herein shall unless repugnant to the context or meaning thereof, be and refer to the Company, shareholders of the Company, the employees, directors, affiliates, representative, sub-contractors, agents and associates of the Company and shall be deemed to mean and include the Company’s successors and assigns. Any person accessing the Website and App and/or availing of the services provided through the Website and App shall be referred to as the “User” and any references to the words “you”, “your”, “Artist(s)”, “Recruiter(s)” (as the case may be) shall mean and include the User.
1.4 You may terminate this User Agreement at any time by electronic means provided via the Website/App. It is clarified that non usage of the Website/ App for any period of time will not amount to termination of this User Agreement unless expressly terminated, as provided on the Website/App. All the rights acquired by the Company prior to the termination of this User Agreement including the rights acquired in any User Provided Content (as defined below) shall continue to remain with the Company even after the termination of this User Agreement or deletion of the profile or account of the User from the Website/App.
1.5 The Company shall in its sole discretion have the right at any time and without prior notice to restrict, suspend, terminate, delete content or details of any user for any or all Services or this Agreement. Any such cases may be notified to the User as per the Company’s discretion.
- SERVICES PROVIDED THROUGH THE WEBSITE
2.1 The Website and the App are designed to be utilised as a social networking platform enabling persons in the media industry to meet and work together, to exhibit and promote identified skills, talents, creative arts and crafts of individuals registered with the Website and App and to also connect individuals interested in encouraging, engaging the services and/or harnessing the skills, talents, creative pursuits of such individuals and/or to provide further opportunities to enhance such skills, talent and creative pursuits.
2.2 The individuals registered with the Website/App desirous of promoting, exhibiting their skills are hereinafter referred to as “Artist(s)”.
2.3 The identified skills, talents and crafts of Artists shall be any of the activities such as acting, singing, dancing, script writing, comic, modelling, film and stage crew, music, etc.; and each Artist’s identified skill, talent and craft shall be specifically provided in the profile of such an Artist appearing on the Website/App. The Company may at its sole discretion modify the aforesaid categories of services, skills, talents, creative arts or introduce new categories and forms of or discontinue any services, skills, talents, creative arts without any advance notice to you.
2.4 Any individual/ entity interested in engaging the services of the Artists or providing any job/ assignment/ projects to the Artists including but not limited to casting directors, production houses, directors, talent hunters and talent placement agencies etc. are hereinafter referred to as “Recruiter(s)”. It being clarified that Recruiters shall only be entitled to posts setting out the roles/ talent sought.
- REGISTRATION AND USE
3.1 The User agrees that he/ she shall only register once and use a single User account at all times. In case the Company decides to delete the User profile or debar the User from use of the Website/ App for any reason whatsoever, the User shall not directly or indirectly enrol with the Website/ App again.
3.3 While registering on the Website/ App or using the services, you agree to provide true and correct information, which does not give the wrong impression or which impersonates any other person in any manner whatsoever and also undertake to revise and update the information in a timely manner. We request you to keep your sensitive personal information including the password of your User account or any financial information including but not limited to Payment Options strictly confidential.
3.4 The User shall not operate the Website/ App in any manner which will be prejudicial to or detrimental to the interests of the Company, any other User of the Website/ App or any other person or generally the public at large by engaging in illegal, inappropriate, unauthorised activities of any manner whatsoever including activities, tactics which may be insulting, offensive, defamatory, slanderous, libellous, vilifying, cause a threat to life or property or intruding the privacy of any other person. Any such prejudicial, detrimental or unauthorised use of the Website/ App shall immediately terminate the right of such User to use the Website/ App.
3.5 In case you register on behalf of a minor or a child artist or a person who is not an Eligible Person, your discretion is solicited while giving access of the Website/App and the User Provided Content posted therein to such minor or child artist or person who is not an Eligible Person and must ensure that the minor or child artist or person other than an Eligible Person complies with this User Agreement. You shall be deemed to be in breach of this User Agreement in case of any breach of this User Agreement by the minor or child artist or person other than an Eligible Person you register yourself on behalf on and the Company shall not be held responsible for any such breach in any manner whatsoever. Only the parent or legal guardian registering on the Website or App on behalf of a minor or child artist or person who is not an Eligible Person shall interact with the Company or on the Website/ App on behalf of such persons.
- USER PROVIDED CONTENT, USE OF THE WEBSITE AND RESTRICTIONS
4.1 You are permitted to upload audio/ video files, photos or other similar form of media content to promote your talent (“User Provided Content”).You hereby expressly agree and understand intellectual property rights in the User Provided Content shall solely belong to the Company, except in case of any scripts provided by any script writer. The Company shall, at its sole discretion be entitled to display/ not display it on the Website/ App. If the Company decides to display the User Provided Content on the Website/ App it will be in public domain. The Company will not require any further consent or sign from you for use of the User Provided Content.
4.2 The User expressly confirms that the User is entitled to upload the User Provided Content and that the User Provided Content does not infringe third party rights in any manner whatsoever. The User hereby expressly indemnifies the Company in case any violation of a third party right in any manner whatsoever.
4.3 Based on the categories of services availed by the Users, the Company shall only endure to connect, endorse, promote, provide networking, auditioning, job opportunities, talent discovery and hunting services to the Users.
4.4 You expressly agree that in consideration for the efforts and use of resources of the Company in promoting, exhibiting, displaying, providing a platform to showcase the skills of the Artists through the Website/ App, you grant to the Company a worldwide, royalty-free, exclusive and perpetual right of the User Provided Content. The Company shall be entitled to assign, license, use, change, distribute, duplicate or deal with any User Provided Content, in whole or in part, or to incorporate it in other works in any manner whatsoever, for such purpose as the Company deem fit. By virtue of the assignment of the User Provided Content, you agree that the Company may publish or otherwise disclose your name in connection with your User Provided Content. Your assignment hereunder shall survive even if you delete your account on the Website/App or remove the User Provided Content from the Website/App or otherwise stop accessing the Website/App. The Company is not required to or bound to delete the User Provided Content for any reason whatsoever.
4.5 You acknowledge that once the User Provided Content is uploaded or posted on the Website/App it will be in public domain. The User must at all times refrain from disclosing or posting any personal information such as your contact details, financial information, credit or debit card details, email addresses in your User Provided Content. The Company shall not be responsible for any misuse of such personal information.
4.6 You agree and undertake that User Provided Content that you post on the Website/ App either on behalf of yourself or on behalf of a group/ band/ troupe or minor or child artist or anyone who is not an Eligible Person, shall not violate or be detrimental to the rights and interests of any other persons and shall not be unauthorised or illegal actions in any manner whatsoever.
4.7 You, as an Artist/ Recruiter shall not host, display, upload, modify, publish, transmit, update or share any information/ content on the Website or App or in case you are a Recruiter shall not offer any job or opportunity through the Website or App which would call for or require the Artist or any other person to upload or share any information/ content that:
(a) Belongs to another person and to which the User does not have any right to;
(b) Is grossly harmful, harassing, blasphemous defamatory, hurts religious sentiment, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) Harm minors in any way;
(d) Infringes any patent, trademark, copyright or other proprietary rights of any person;
(e) Violates any law for the time being in force;
(f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g)Impersonate another person;
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
4.8 You agree to provide the Company with any information or documents as may be requested by the Company or any other authority without any protest for the purpose of enabling the Company and/or authority to verify the accuracy of the information provided by you and conformity of your use of the Website/ App with this User Agreement.
4.9 The Company does not guarantee the authenticity, utility or credibility of any User Provided Content or personal information on the Website/App, and shall not be responsible for any actions that the Users may take as a result of using the Website/ App or having to access to User Provided Content on the Website/ App.
4.10 You acknowledge and agree that the Company shall not be responsible for any inherent risks of using the services on the worldwide web or internet generally including phishing, hacking, corruption of data, piracy and the like. You agree that by using the Website/ App, you assume all associated risks of using the Website/ App on the internet.
4.11 You acknowledge and agree that the Company may retain and disclose your information and User Provided Content that you provide if the Company is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary for any reason that the Company deems fit.
4.12 Be aware that the Company does not undertake to pre-screen User Provided Content. However, the Company may periodically examine the information transmitted or received through the Website/App and deal with or modify such information transmitted or received through the Website/App as may be deemed necessary by the Company in accordance with reasonable security practices from time to time. The User shall be bound by any such actions or decisions of the Company.
4.13 The User shall be solely responsible for all User Provided Content that is made available by them via the Website/App and shall be liable for any injury, damage and consequences that may arise due to posting such User Provided Content. The Users are hereby advised to make all inquiries that they may deem necessary prior to availing any services or uploading any User Provided Content on the Website/App. The Company will not be liable to the User or any other person in any way for any costs or consequences due to the User Provided Content that is made available via the Website/App.
4.14 You as the Artist or a Recruiter are expressly prohibited from soliciting or engaging in prostitution or any other illegal or immoral acts through the use of the Website/ App in any manner whatsoever.
4.15 You will not use any part of the Website/ App for any commercial activity whatsoever, or engage in any business, trade or vocation whether competing in nature in relation to the business of the Company or not without the prior written consent of the Company, including, for example, inserting your own or a third party’s advertising, branding or promotional content, promoting a political party/ agenda, promoting a religion/ religious group, promoting a website or application competing with the Website/ App into the Website’s/ App’s contents, materials or services or in the User Provided Content, in any manner whatsoever.
4.17 The manner of arrangement, working, operation of the Website/App its graphics, displays, interactive platforms, windows as available on the Website/App are the property and proprietary information of the Company and their operation, display shall be at the sole discretion of the Company.
4.18 You shall not hack or render useless or try to illegitimately gain admission into or corrupt any part of the Website/ App or any other records, computer, device, network, storage, system of the Company or any other of any other person (natural or artificial) through any means whatsoever.
4.19 The Company shall in its sole discretion be entitled to restrict/ limit the number of messages that Recruiters can send to the User in order to ensure that the Website/ App is not misused for bulk/ spam messages in any manner whatsoever.
- DISCLAIMERS AND LIMITATION OF LIABILITY
5.1 You acknowledge that the services provided on the Website/App or the User Provided Content may or may not meet your expectations. The Company does not assure or guarantee the Artists or the Recruiters that they would necessarily secure an opportunity, audition and/or placement or that the Recruiters will necessarily connect with Artists as per its requirements.
5.2 The Company shall not be held liable for any and costs, claims, damages or injuries suffered by the User owing to use the Website/ App, in any manner whatsoever.
5.3 The Company shall endeavour to provide accurate and hassle free information to the Users of the Website/ App in an uninterrupted and secured manner, but the accuracy, reliability and security of the services, any descriptions, qualifications, abilities, performance or other attributes provided by any Artist and the User Provided Content cannot be guaranteed and the you acknowledge that User Provided Content and other data/information on the Website/ App could have errors or may not be up to date, for which the Company cannot be held accountable or liable at any time.
5.4 The User agrees and understands that the Company shall not be held responsible, liable for the disruption of services or non-performance of this User Agreement or the costs and consequences arising from disruption of services or the non performance of this User Agreement, owing to a force majeure event such as national emergency, war, riots, insurrections, acts of terrorism/ public enemies, civil disturbances, prohibitive governmental regulations or the orders of any judicial / legislative authority, strikes, lockouts or other industrial disturbances, fire, floods, lightning, violent winds, cyclones, severe rains, earthquake or other acts of God, hardware or software crashing or failures, or any other cause beyond the reasonable control of the Company that renders performance of this User Agreement impossible.
5.5 The Company shall not be responsible for any loss of data or deletion of any User Provided Content or data that may have been provided by the User resulting from such interruption of service.
5.6 The Company shall not be responsible or liable for any loss or deficiency of any services availed through the Website/ App. The Users shall use the Website/ App at their own risk.
5.7 You acknowledge that the Company may as part of the features or services offered through the Website/App, display advertisements, promotions, offers, enrolments, provide links to third party websites with whom the Company may have a business or contractual relationship for which the Company may or may not receive monetary gain when the User engages with third parties through such advertisements, promotions, offers, enrolments. However, any such engagement with such third parties is at your sole risk as to costs and consequences. The Company has not examined or evaluated the content, accuracy, completeness, legality, decency, quality or any other aspect of such third party websites. The Company shall also not be responsible or liable in any manner for any losses suffered or costs incurred by the User arising out of or in relation to any such engagement with third parties or third party websites or any transaction that you may enter into pursuant to use of the Website/App.
- INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION
6.1 The Company is legally entitled to use of trademarks, word marks, logos such as FTC TALENT MEDIA & ENTERTAINMENT. The Company is the owner of the Website/ App, including but not limited to the, source code, object code, scripts, logos, design, graphics, button icons, arrangement and software. All content posted on the Website/App is either owned by the Company or irrevocably assigned to the Company. The User is not entitled to use the name, trademarks, proprietary information, logos or the intellectual property of the Company in any manner whatsoever.
6.2 Nothing contained on the Website/App should be construed as granting any licence or right to any User, to use any intellectual property belonging either to the Company and/or third party service provider associated with Website/App, in any manner whatsoever. Subject to what is stated in the paragraph above, any other material displayed on the Website/App that is capable of being protected as intellectual property shall be the property of the Company and nothing contained therein should be construed as granting any licence or right to the User to use any such material without the prior written permission of the Company.
6.3 You shall not, in any manner whatsoever:
(a) Design, develop or engineer a website or application deceptively similar to the Website/ App.
(b) Download, duplicate, copy, alter, modify any content or intellectual property on the Website/ App.
(c) Publicise or use for commercial gain any content or intellectual property on the Website/ App.
(d) Any content or intellectual property on the Website/ App.
- COMMERCIAL TERMS
7.1 The Company may, at its sole discretion, approach and offer any User to engage and avail the services Company to professionally manage their talent, skill or career on any digital, non-digital or any other platform and on such terms and conditions as may mutually agreed between the Company and the User.
7.2 The Company may offer such promotional codes (“Coupons”) to the Users or to the potential users or subscribers of the Website/App as it deems fit from time to time for promotion for offering any specific benefits, offers, discounts, services. The Company reserves the right to offer or discontinue such Coupons subject to any additional terms and conditions as the Company may require with respect to each Coupon offered or discontinued at any time without any prior intimation of any sort for any or no reason without any liability on the Company whatsoever. Unless otherwise specified in the terms of conditions of the respective Coupon(s), the Coupons shall be (i) Non transferable, non assignable, (ii) Used only for the purpose specified. The Coupons shall not be sold, disposed, copied, circulated, exchanged for cash or redeemed for any purpose other than the specified/ intended purpose. The Coupons may be valid for a specified time and restrictions on the number and manner of use. The Company may deny/ withdraw/ cancel or suspend any benefits/ features or services offered through the use of any Coupons at its sole discretion with any prior notice to any person.
7.3 The Company provides certain paid services on the Website/ App.
7.4 You will be required to make payments to the Company pursuant to the debit card/ credit card/ wallets/ gateways/ net-banking or similar means (“Payment Options”) available on the Website/ App. All the payment obligations shall not be cancellable and all payments made by the User shall not be refundable for any reason whatsoever.
7.5 The Company shall be entitled to change its pricing policies from time to time, without any prior notice to you.
7.6 The User hereby expressly states that he/ she is validly entitled to make payment to the Company via the Payment Options.
7.7 You agree and undertake to comply with the exchange control laws, foreign exchange control and any similar laws and regulations applicable to you while dealing with and making payments for availing the services of the Company.
7.8 Please be aware that all Payment Options are provided and maintained by third party service providers and the Company is neither privy to/ nor stores any information provided by the User at the time of making payment. Hence the Company is not liable or responsible for misuse of any information provided by the User at the time of making payment for the use of the services on the Website/ App.
7.9 The representatives of the Company will not ask for your credit/ debit card details such as the CVV number or bank account details, hence you should not share any such information.
8.2 This indemnity shall survive the termination of this User Agreement. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of or by us and/or our suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents and/or members.
- EQUIPMENT AND OPERATION
You shall provide and maintain all telephone/ internet and other equipment necessary to access the Website/App and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website/App.
The Company may communicate with the User by multiple mediums including but not limited to notices/push notifications on the Website/App or notifications via e-mail, SMS, telephone calls or any other means of communication that the Company may deem fit. The User agrees to receive communications from the Company directly or indirectly or via any third party associated with the Company.
- DISPUTE RESOLUTION
- GOVERNING LAW AND JURISDICTION
No delay, forbearance or indulgence in exercising or omission to exercise any right, power or remedy accruing to the Company upon any default by the Users shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence to such default.
If and solely to the extent that any court or tribunal of a competent jurisdiction holds any provision of this User Agreement to be unenforceable in a final non-appealable order or any provision become unenforceable by operation of applicable laws, such unenforceable provision shall be stricken and the remainder of this User Agreement shall not be affected thereby. All provisions of this User Agreement shall be severable and no such provisions shall be affected by the invalidity of any other provision to the extent that such invalidity does not also render such other provisions invalid. In the event of the invalidity of any provision of this Agreement, it shall be interpreted and enforced as if all the provisions thereby rendered invalid were not contained herein.
- ENTIRE AGREEMENT
Any rights, benefits or obligations arising out of this User Agreement shall not be assigned by you to any other person. Any such assignment shall be null and void. However, the Company may assign this User Agreement, in whole or in part, to any third-party or any User Provided Content uploaded on the Website/App at any point in time to any person at its sole discretion.