This website, www.FilmyZing.com, (hereinafter referred to as "FilmyZing") is owned, hosted and operated by BrokersADDA, a firm having its registered office at Nirvana Country , Sector 50 , Gurgaon - 122018 , India.
The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of FilmyZing, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by FilmyZing or chosen by the user or agreed upon by FilmyZing. It is made abundantly clear that only the authorized user has the right to access the services so offered by FilmyZing. For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorized user' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
The terms 'User' and 'customer' would include both the authorized and unauthorized user(s) The terms 'service' or 'services' would mean to include the interactive online information service offered by FilmyZing on the internet through which the user may access information carried by FilmyZing in the data maintained by it. The terms would include to mean the search tools through which the user can search through the hosted data and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term service does not extend to FilmyZing acting as an agent either express or implied on behalf of any user/customer
Terms and Conditions
FilmyZing and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING FilmyZing, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE FilmyZing. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( support@FilmyZing.com )
FilmyZing may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on FilmyZing. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of FilmyZing, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time.
FilmyZing may also suspend the operation of FilmyZing for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilise FilmyZing in a manner inconsistent with these Terms and Conditions, FilmyZing may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
SUBMISSION AND ADMINISTRATION OF CONTENT
Any customer agrees not to submit any descriptions, photographs, financial, contact or other information contained in each profile/post data to FilmyZing unless the customer has acquired received all necessary rights and authorisations from the owner of such content , including from the photographer and/or copyright owner of any photographs, to publish and advertise on the Customer's website or on FilmyZing.
FilmyZing may, at its sole discretion but without any obligation to, search for such and remove content that are alleged to have been submitted in violation of this provision. In addition, FilmyZing may require additional evidence of compliance with this provision from Customers who are alleged to have submitted content or other information/data in violation of this Agreement.
FilmyZing will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement.
Additionally, the Customer agrees to allow the information, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the FilmyZing website.
FilmyZing shall have the sole authority to choose the manner in which any information will be searched, displayed, accessed, downloaded, copied, and otherwise used on FilmyZing and FilmyZing shall have the right to modify the information in the exercise of its rights under this Agreement.
In addition to the terms aforementioned the customer agrees to represent and warrant that all information and associated information provided by the Customer will be accurate;
While FilmyZing shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining backup copies of all information, photographs and other materials furnished/submitted to FilmyZing. Customers, who are hiring through FilmyZing, must verify details of the candidates on their own. FilmyZing will never be responsible for any kind of fraud by any candidate/user. FilmyZing is a platform to connect film industry. In no way FilmyZing is involved in any such transactions. FilmyZing is not responsible for any wrongdoings by any registered user, artist , crew , employer, production house on FilmyZing web site.
FilmyZing does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card ( or any other online payment option ) transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. FilmyZing uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
FilmyZing shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Refund in failed transactions
Though FilmyZing payment reconciliation team works on all working days ( Sat and Sunday off ), FilmyZing offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
NO Refunds possible for any online service purchase
Refunds are not possible in the event of wrong/objectionable user content being posted on the site.
It's an online digital portal and refund is not possible for purchase of any online service like subscription packages , listings , responds, advertisements etc.
If you utilise FilmyZing in a manner inconsistent with these Terms and Conditions, FilmyZing may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper. NO refund will be done in such cases.
FilmyZing reserves the right to change the rates for the services , packages etc without any notice. FilmyZing also reserves the right to change the subscription package facilities/features without any notice.
USE OF INFORMATION
Customer agrees to treat all information obtained from the Service, including job listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to FilmyZing. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of FilmyZing.
FilmyZing does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.
Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.
Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device.
Customer further shall not use the Service provided by the company in any other manner for or in connection with any other listing service or device.
Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and service marks ("Marks") appearing in FilmyZing are the properties either owned or used under license by FilmyZing and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with FilmyZing / its Associates.
The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
FilmyZing respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect.
FilmyZing shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using FilmyZing as a platform to infringe the Intellectual Property Rights of others, FilmyZing will be free to terminate this agreement forthwith without any notice to the user.
You hereby expressly agree not to:
LINKS TO THIRD PARTY WEB SITES
FilmyZing may provide links to other third-party World Wide Web sites or resources. FilmyZing makes no representations whatsoever about any other Web site you may access through this Website (FilmyZing). DISCLAIMER AND WARRANTIES THE CONTENT OF FilmyZing IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" basis, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FilmyZing AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF FilmyZing.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all reviews, ratings, opinions, advice, services, merchandise and other information provided through the website.
FilmyZing does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. FilmyZing does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility. No information contained herein shall constitute an invitation or an offer to invest in FilmyZing or any of its Affiliates.
Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and FilmyZing makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and FilmyZing makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
FilmyZing offers products, services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors.
FilmyZing does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region.
Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that FilmyZing intends to announce, launch or provide such products, programs or services in your country.
LIMITATION OF LIABILITY
FilmyZing will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organisations or entities were intimated or advised of the possibility of such damages.
FilmyZing assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of Customer's data/information.
FilmyZing shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.
FilmyZing may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to FilmyZing (or any part thereof) for any reason, including, without limitation, that FilmyZing asessed on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Submissions and unauthorised use of any information(s)/materials contained on FilmyZing may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. You agree to defend, indemnify, and hold harmless, FilmyZing and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of FilmyZing material or your breach of these Terms and Conditions.
If any dispute arises between a user/users and FilmyZing arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by FilmyZing. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Gurgaon. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. SEVERABILITY OF PROVISIONS THIS AGREEMENT between you and FilmyZing governs your use of FilmyZing.
If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.
The failure of FilmyZing to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently. GOVERNING LAW By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to FilmyZing as well as these Terms and Conditions. JURISDICTION Courts at Gurgaon, Haryana , India India alone shall have the exclusive jurisdiction in all matters relating to FilmyZing and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to FilmyZing.
FilmyZing does not routinely monitor your postings to the web site but reserves the right to do so. However, if FilmyZing becomes aware of an inappropriate use of FilmyZing or any of its Services, FilmyZing will respond in any way that, in its sole discretion, FilmyZing deems appropriate.
You acknowledge that FilmyZing will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, FilmyZing will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. FilmyZing reserves all other rights.
Please report any violations of these Terms and Conditions to FilmyZing at contact@FilmyZing.com.