Website Terms and Conditions

Welcome to Filmistaani Media Private Limited!

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR OUR platform YOU AGREE TO BE BOUND BY ALL OF OUR WEBSITE’S/ APP’S/ platform’S TERMS AND CONDITIONS,PRIVACY POLICY AND OTHER RELATED POLICIES (ATTACHED AS SEPARATE DOCUMENTS TO OUR WEBSITE/ APP/ platform).

We at Filmistaani Media Private Limited (hereinafter referred as Filmistaani) are dedicated to providing our Users (defined below) a wide range of social networking service (hereinafter referred as Service). The Service includes all of the Filmistaani products, features, applications, Services, technologies, and software that we provide to advance Filmistaani's mission: to become a social networking leader in the art industry and bring our Users closer to the people and work they love. This platform is for all the Users to connect with other Users (artists).These Services include Offering personalized opportunities to create, connect, communicate, discover and share your art. Which also include fostering a positive, inclusive, and safe environment.

These Terms of Use (or "Terms") govern your use of Filmistaani, except where we expressly state that separate terms (and not these) apply, and provide information about the Filmistaani Service (the "Service"), stipulated hereunder shall govern and control Your (User’s) access to and the use of Filmistaani website (https: //www.filmistaani.com/), mobile / tablet applications and any other modes of Your interaction with of Filmistaani outlined below. When you create a Filmistaani account or use Filmistaani, you agree to these Terms and Conditions.

1. For the purpose of the Terms, wherever the context so requires and permits, “We“, “Us“, “Our/s” shall refer to Filmistaani and its affiliates, and the terms “You” and “Your/s” shall refer to You, as a User of Our site. By viewing/ accessing or using or downloading/ registering with the site, You are agreeing to these Terms which conclude a legally binding agreement between You and Filmistaani. If You do not agree to be bound by the Terms, please abstain/ refrain from and cease/ discontinue/ stop using the access of this site.Terms of Service

By choosing to visit and/or avail of any Services provided by Application and Website, you agree to these Terms (as may be amended from time to time). Please read the following information carefully. If you are a User of this platform you provide your consent for the use of this platform, you agree to be bound by these Terms. By your continued access or use of the platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.

2. Description of Services

The Company facilitates Filmistaani products, features, applications, Services, technologies, and software that we provide to advance Filmistaani's mission: to become a social networking leader in the art industry and bring our Users closer to the people and work they love. This platform is for all the Users to connect with other Users (artists). . These Services include offering personalized opportunities to create, connect, communicate, discover and share your art. Which also include fostering a positive, inclusive, and safe environment, developing and using technologies that help us consistently serve our growing community, ensuring access to our Service, connecting you with brands, products, and Services in ways you care about, and research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

However, for accessing the Services, You may have to create an account and disclose ("Personal Information") including, but not limited to, (i) name, e-mail ID, photograph, location, and other contact information (ii) gender and other demographics (iii) birth date and year to validate your current age (iv) email address and you consent to use these Services.

3. License to Use

The Company hereby grants You the right to access, view, and use the platform only for the purposes of accessing, viewing, posting, creating, connecting, communicating, discovering and, sharing your art or submitting User material. The company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the platform. This license is limited to personal and commercial uses by You. Any rights not expressly granted to You herein are reserved to Company.

4. Intellectual Property Rights

The Company retains all rights (including copyrights, trademarks, patents, designs, logos, trade dress, trade secrets, know-how as well as any other intellectual property right) about all information provided on or via this platform (including but not limited to all texts, graphics, photos, illustrations, apps, and logos). You shall have the IPR only to the extent of your work of arts produced, uploaded or shared by you on the said platform.

5. Linking

You  may establish a link to one or more site(s), provided that:

1. the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
2. such linking is not for advertising or promotional purposes (unless We have expressly agreed to it);
3. the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance, hatred, discrimination, violence, pornography, or illegal activity;
4. the link does not falsely or misleadingly imply or suggest that We endorse, approve of, or are associated with the linked website, its web pages, or any of its contents; and
5. framing of any site on any other website is not allowed and You must not provide access to the site or part of it under any other URL.

The Company may withdraw your or the User’s right to link to any site without notice and at any time (acting in our sole discretion).

Where any site and/or application contain links to other websites, web pages, resources, or mobile Services which are proprietary to third parties, other Users, advertisers, or sponsors, such websites, web pages, resources, and mobile Services are provided for your information only and You access them at your own risk. The Company will not be held liable or responsible for the content or operation of third-party websites, web pages, resources, or mobile Services.

6. Payment, Refund and Cancellation.

The platform facilitates its Services with respect to monetary consideration and the payments made by You shall be according to the plans opted by You through the platform. All payments by Users shall be through the payment mechanism put in place by Filmistaani. Users will be given various options to make the payment for the Services via payment gateways including but not limited to Card Payment facilities, Net Banking, EMI Payment, Online Bank Transfer, UPI, and Wallet Payment.

Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount, etc. in the transaction. The User shall be given the right to renew the plan once the said plan selected by you is on the verge of getting expired.

We follow a strict no refund policy. Once the order for the service/s has been confirmed and the money has been deducted from your wallet/account, you cannot get the refund of it in any given scenario. However you can cancel the subscription at any given time as per your will, so as to stop the automatic deductions from your account/wallet for the next renewal cycle.

7. Funding of Services.

The company states that the Services currently are funded by the company itself, further the funds shall also be raised by the Users who would be interested in using our Services. At the same time, we also acknowledge that we can show you ads that businesses and organizations pay us to promote on and off. We show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things such as their business goals and the kind of audience they want to see their ads. We then show their ad to people who might be interested.

8. User Content.

The company offers You the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information.

The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles.

You may choose to write and post reviews on the platform. We do not encourage you to post any Personal Information on the platform and the ill effects of such revelation shall be borne by the Users. However, You can request the Company via e-mails to delete any such information posted by you. For verification, the Company will review and scrutinize such emails before responding.

You warrant and represent that your content, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:

1. it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
2. it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
3. it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You;
4. it prejudices any active or pending legal proceedings of which You are aware;
5. it contains accusations of impropriety or personal criticism of our personnel, editors, or reviewers;
6. it infringes any intellectual property rights proprietary to the Company or any third party;
7. it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
8. it advertises or promotes any product or Service or makes any requests for donations or financial support;
9. it is spam or junk content;
10. it impersonates another person or otherwise misrepresents your identity, affiliation, or status;
11. it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
12. it is in breach of these Terms and/or of any Additional Terms.

The Company will not be held responsible or liable for any of the User content provided by You on the Company website. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of any website.

9. User Communication

You hereby explicitly consent to receive communication from Filmistaani Media Private Limited by email, telephone, WhatsApp, or text message to provide alerts and information about our Services.

10. User Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

1. You must be at least 13 years old or the minimum legal age in your country to use any Social media platform.
2. You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
3. We must not have previously disabled your account for violation of law or any of our policies.
4. You must not be a convicted sex offender.

11. Rule of Conduct

Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to the Company on accessing and/or using the Services of Company is and shall remain true, accurate, and complete at all times.

Notwithstanding any other provision of these Terms You agree and undertake not to:

1. Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited following the applicable mandatory law in your jurisdiction);
2. Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark, or other proprietary notices and legends contained on or in the Service;
3. Create software that mimics any data or functionality in the Service;
4. Use or deal in the Service except as permitted by these Terms;
5. Include contact details intended to enable communication outside of the Service, in any Communication;
6. Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
7. Provide hypertext links, URL Links, graphic links, hyperlinks, or other direct connections for profit or gain to the Service without prior written permission of Company;
8. Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the platform, or showing either to other people);
9. Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
10. Delete or obscure any copyright or other proprietary notice on the Service.

The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third-party software to modify any aspect of the Service, whether to secure an unfair advantage over other Users, and You expressly consent to the Company’s monitoring of your computer's random access memory to identify said unauthorized third-party programs.

12. Things as Users you can’t do
13. You can't impersonate others or provide inaccurate information.
14. You don't have to disclose your identity, but you must provide us with accurate and up-to-date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren't, and you can't create an account for someone else unless you have their express permission.
15. You can't do anything unlawful, misleading, fraudulent, or for any illegal or unauthorized purpose.
16. You can't do anything to interfere with or impair the intended operation of the Service.
17. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
18. You can't attempt to create accounts or access or collect information in unauthorized ways.
19. This includes creating accounts or collecting information in an automated way without our express permission.
20. You can't sell, license, or purchase any account or data obtained from us or our Service.
21. This includes attempts to buy, sell or transfer any aspect of your account (including your Username); solicit, collect or use login credentials or badges of other Users; or request or collect Usernames, passwords, or misappropriate access tokens.
22. You can't post someone else's private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g. copyright infringement, trademark infringement, counterfeit or pirated goods).
23. You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent that you own or have obtained all necessary rights to the content you post or share. Learn more, including how to report content that you think infringes your intellectual property rights.
24. You can't use a domain name or URL in your Username without our prior written consent.

13. Additional Rights we retain.
14. If you select a Username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another User).
15. If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

14. Limited Liability

You are held personally liable for any violation of a third party's rights by You. You agree to reimburse the Company for all damages resulting from the culpable non-observance of the obligations of these Terms. Users release the Company from all eligible claims that other Users or third parties may file against the Company due to a violation of their rights by content posted by the User or due to a violation of other obligations. You shall assume the costs of Company legal defense, including all court and legal fees. This condition does not apply if the Users are not responsible for the infringement.

In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the platform or any content provided on or through the platform.

The Company facilitates educational and informational on an "as is" basis and is liable only to provide its Services with reasonable skill and care.

The Company's liability for any claims in the aggregate, arising out of or related to your use of the platform, shall not under any circumstances exceed the amounts paid by You to the Company for its Services.

External sites have not been verified or reviewed by Company and all use and access of External sites is made at your own risk. "External sites" means third-party websites and online Services to which the Service links. The Company gives no other warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:

1. any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Company have been made aware of;
2. the accuracy, currency, or validity of information and material contained within any communications or the Service;
3. any interruptions to or delays in updating the Service;
4. any incorrect or inaccurate information on the Service;
5. the infringement by any person of any copyright or other intellectual property rights of any third party through any communication or use of the Service;
6. the availability, quality, content, or nature of External sites;
7. any transaction involving External sites;
8. any amount or kind of loss or damage due to viruses or other malicious software that may infect a User's computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save that, where digital content supplied to You by Company or on behalf of Company through the Service causes damage to your digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to Company); and
9. all representations, warranties, conditions, and other terms and conditions which but for this notice would have an effect

The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of the Company including Internet outages, communications outages, fire, flood, war, or act of God.

Except as provided above there are no other warranties, conditions, or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability, or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and Username and for all activities that occur under your account.

15. Third-Party Permission

The Company has subscribed to various third-party Service providers and You agree and acknowledge that, while accepting these Terms, You explicitly grant permission to these Service providers to use your information and make cold calls in furtherance of our Services on the platform, even when your mobile phone is on ‘Do Not Disturb’ mode. In the event of any dispute between the third-party and You, the Company shall not be held liable in any manner whatsoever.

16. Amendments to Terms

Company retains the right to modify these Terms: (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the Supreme Court, (c) because of technical necessity, (d) in order to maintain Company operations, (e) in the event of a change in market conditions, (f) for the benefit of the User.

No amendment will take place if such an amendment would substantially disrupts the contractual balance between the parties. Users will be informed of any amendments to the general Terms via the platform or notice by email or in writing.

17. Termination

Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Service and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.

You may also terminate your agreement with Company by ceasing to access the Service, deleting all copies of the Service, or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination

18. Indemnity

You agree to indemnify and hold us harmless, our contractors, our licensors, and respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of their use of the Services and/or the platform, including but not limited to the violation of these Terms by the Users.

19. Severability

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

20. Assignment

Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company. Any attempted transfer or assignment in violation hereof shall be considered null and void.

21. Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

22. Governing Laws

This Agreement shall be governed and construed in accordance with the Applicable Laws of India and the country of residence of the User any dispute between the two laws shall be superseded by Indian Laws and courts.

23. Application of IT Guidelines 2021

That if in the future there is any violation of the terms from your side then the same shall be governed by the new Information Technology guidelines 2021 issued by the government of India. That the activities of the Users on the said platform shall also be in accordance with the Information Technology Act and the New IT guidelines 2021.

24. Dispute Resolution

Any disagreement arising from the interpretation and/or the performance of this Agreement which cannot be settled amicably within 60 days of a written notice of dispute being sent by one Party to the other, shall be referred to a sole arbitrator to be appointed by the parties with mutual consent. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then each party would nominate their respective arbitrators to form a three-member arbitral tribunal. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and rules. The venue of such arbitration will be Pune, Maharashtra India and the language of the arbitration shall be English. The cost of the Arbitration shall be borne by both parties equally. The award of the arbitrator shall be final and binding.

25. Contact

If you have any questions about these Terms, please contact us by email or postal mail at the following address:

Company Name: Filmistaani Media Private Limited

Contact Person Name:Shadab Ahmad - Founder and CEO

E-mail ID: info@filmistaani.com, shadab@filmistaani.com

Address: 805, Sunshree Crown, NIBM, Pune 411048

Mobile No.: 9145500740