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Terms of Use

The Listeners (including THELISTENERS.IN) is a platform to connect the Writers (Storylines / Lyrics) with the Makers ( Film/TV/Web/Ads ) through online or offline or any other means to facilitate written content for screen production, adaptation or representation in any other form on mutually agreeable terms.

DEFINITION

Unless otherwise provided, the following terms shall mean and include.
  1. "Service" or "Services" - any and all Internet-related services provided by or through THELISTENERS.IN.
  2. “Content”- any and all information, data, material, text, images, video, audio, and software or any combination of  information, data, material, text, images, video, audio, and software provided by or through THELISTENERS.IN.
  3. "User" or "Users" - any person who accesses or uses any Service or Content of THELISTENERS.IN.
  4.  “Communication Services” -  any email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, events calendars, and/or other messages provided by THELISTENERS.IN to the users

TERMS

  1. This User Agreement ("Agreement") sets out the terms and conditions on which THELISTENERS.IN shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant and applicable terms of use for such Service, which may be updated or modified by THELISTENERS.IN from time to time. 
  2. Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement, as may be posted on the Website from time to time. 
  3. THELISTENERS.IN shall not allow, permit or tolerate any illegal, abusive, derogatory, immoral, harmful, unethical or improper use of the Services under any circumstances 
  4. The User shall not use THELISTENERS.IN to interfere with other Users' enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to info@thelisteners.in.
  5. If the user does not agree to any provision of this Terms of Use, please do not access or use any Service or Content. THELISTENERS.IN reserves the right, at its sole discretion, to update or revise this Terms of Use. Please check this Terms of Use regularly. Your continued use of any Content or Service following the posting of any changes to this Terms of Use constitutes your acceptance of such changes. 
  6. By posting or submitting any material to THELISTENERS.IN's website, you grant to THELISTENERS.IN and its parents, subsidiaries, affiliates, associates and licensees the right to use, copy, reproduce, display, distribute in any manner for evaluation and review the material consistent with the written content submission policy hereof and to allow THELISTENERS.IN to promote your membership herein (but not your submitted material) worldwide in any media. You agree that you will be solely responsible for any material posted or submitted by you.
  7. You acknowledge that when you submit information about yourself to the public areas of our site, your information may be seen and used by any other visitor to such public areas and THELISTENERS.IN cannot monitor nor be responsible to you or any third parties as a result of such uses. You hereby represent and warrant that you own or otherwise control all of the rights to such material and that no use of such material by THELISTENERS.IN or its subsidiaries, associates and affiliates will infringe or violate any rights of any third party. You hereby agree to defend, indemnify and hold THELISTENERS.IN and its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any material posted or submitted by you.
  8. THELISTENERS.IN reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any material posted or submitted by you without informing you. 
  9. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works or create third party rights from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted with prior approval of the management and subject to the credit of THELISTENERS.IN name is stated as the source.
  10. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

MODIFICATION OF TERMS

  1. THELISTENERS.IN reserves the right to modify, alter, add and / or delete the terms, conditions and notices under which the Services are offered through internet or any other medium or otherwise, including but not limited to the charges for the Services provided through the Website. 
  2. The User shall be responsible for regularly reviewing these terms and conditions.

LIMITED USER

  1. The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of THELISTENERS.IN Content or Service. 
  2. It is stated categorically that the Website is not for commercial use but is specifically meant for personal use only.

DISCLAIMER OF WARRANTY/ LIMITED LIABILITY

  1. All services and content are provided "as is" and "as available" for your use. To the extent permitted by law, all services and content are provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
  2. THELISTENERS.IN does not warrant or guarantee that all content is accurate, reliable or correct; that all services and content will be available at any particular time or location; that any defects or errors will be corrected; or that all content is free of viruses or other harmful components.
  3. It is categorically stated that no data transmission over the internet can be guaranteed to be 100% secure. THELISTENERS.IN does not and shall not guarantee or warrant the security of any information you transmit to or from our website, and you do so at your own personal risk. 
  4. THELISTENERS.IN does not control or endorse the content, messages or information found in any communication service and, therefore, THELISTENERS.IN shall not be liable or responsible to any one with regard to the communication services and any actions resulting from the user's participation in any communication service.
  5. The user also understands that the services may include certain communications from THELISTENERS.IN as service announcements and administrative messages. The user understands and agrees that the services are provided on an "as is" basis and further that THELISTENERS.IN does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.

LINKS TO THIRD PARTY SITES

  1. THELISTENERS.IN provides links to third party sites for your convenience only. THELISTENERS.IN does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. 
  2. You acknowledge that you access and use such third party sites solely at your own risk. You agree that under no circumstances will THELISTENERS.IN be liable in any way for any information or material contained in any third party sites linked to or from its site.
  3. THELISTENERS.IN is not responsible for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites.
  4. Third Party Marks AND other trademarks and service marks appearing on THELISTENERS.IN's web site are the property of their respective owners.

PROHIBITION AGAINST UNLAWFUL USE

THELISTENERS.IN does not permit or tolerate any illegal, abusive, derogatory, immoral, harmful, unethical or improper use of the Services or any use of the Services that interferes with other Users' enjoyment of the Services. If you believe that you have been a victim of any such conduct that is described below, please email to info@thelisteners.in

COMMUNICATION SERVICES

  1. The Website may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, events calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). 
  2. The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
  3. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service; violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  4. THELISTENERS.IN has no obligation to monitor the Communication Services.
  5. THELISTENERS.IN reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion.
  6. THELISTENERS.IN reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
  7. Materials / works / content uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials / works / content.

TERMINATION / ACCESS RESTRICTION

THELISTENERS.IN reserves the right, in its sole discretion, to terminate the access to any user on to the website and the related services or any portion thereof at any time, without notice.

FEES/ CHARGES

  1. THELISTENERS.IN reserves the right to charge listing fees for Content, as well as transaction fees based on certain completed transactions using THELISTENERS.IN’s Services.
  2. THELISTENERS.IN further reserves the right to alter any and all fees from time to time, without notice. 
  3. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the THELISTENERS.IN’s Services. 
  4. Fees and charges paid for Membership and Services or for any other purpose shall not refundable, under any circumstances, in part or in full.

USER’S OBLIGATION AND USER ACCOUNT

In consideration of use of the Website, the User represent and confirm that the User is of legal age of 18 years or above to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.

REGISTRATION

  1. The user shall be required to fill the registration form, the link of which is provided on the home page of the website.
  2. Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user ID and Password.
  3. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the user ID and Password, and shall be fully and solely responsible for all activities that occur by use of such user ID and Password. 
  4. Further, the User agrees not to use any other party's user ID and Password for any purpose whatsoever without proper authorization from such party. 
  5. The user confirms to be the authorised holder of the credit card or the original account holder used in the transactions with THELISTENERS.IN’s services.THELISTENERS.IN will not be responsible for any financial or any other loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using THELISTENERS.IN’s Services. 
  6. The user shall immediately notify THELISTENERS.IN of any unauthorized use of the user ID and/or Password and to ensure that the user logs off at the end of each session at the website. THELISTENERS.IN shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
  7. The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or THELISTENERS.IN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, THELISTENERS.IN has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service without notice.
  8. The User grants THELISTENERS.IN the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.

MEMBERSHIP

1. THELISTENERS.IN provides two categories of subscription based membership to writers as given below-
Membership Validity Storyline Listing Limit Lyrics Listing Limit Subscription Fee (Rs.)
Gold 1 Year 10 Storyline x 3 Pages or Max 40 Pages 30 Lyrics or 40 Pages 2000
Silver 1 Year 5 Storyline x 3 Pages or Max 20 Pages 15 Lyrics or 20 Pages 1000

2. It is stated that the above mentioned fees shall be non-refundable and non-negotiable.

3.The membership can be upgraded on payment of additional fees as applicable.

4. The user has the option to recharge the existing membership in the situation of exhausting the above stated content limits.

5. The membership is renewable on payment of applicable fees within three months of expiry of existing membership.

6. It shall be the sole discretion of THELISTENERS.IN to suspend the membership at any time for violation of this Agreement or Privacy Policy,

7. THELISTENERS.IN shall not be bound to refund the fees or any payment made prior to suspension.

8. THELISTENERS.IN may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with THELISTENERS.IN or use the website in any manner whatsoever until such time that the user is reinstated by THELISTENERS.IN.

9. Notwithstanding the foregoing, if the user breaches this agreement, the terms of use or the documents it incorporates by reference, THELISTENERS.IN reserves the right to recover any amounts due and owing by the user to THELISTENERS.IN and/or the service provider and to take strict legal action as THELISTENERS.IN deems necessary.

CONTENT SAFETY

1. The content /material /work uploaded or provided by all members shall be done so at the personal risk. THELISTENERS.IN does not take any responsibility or provide any protection / safety for the content /material /work being compromised, or altered or used in part or in full by any other user of THELISTENERS.IN or any other person or entity.

2. It is advisable and strongly recommended that the user take appropriate steps to protect their content /material /work prior to uploading or providing it to THELISTENERS.IN

ONLINE PAYMENT AND REFUND POLICY

1. THELISTENERS.IN uses services of third party payment gateway for online payments through credit cards, debit cards, net banking, cash cards and internet wallets. In case of unsuccessful transactions or any dispute related to payments, the concerned matter will be delegated to the respective payment gateway partner to resolve the subject matter directly with the user.

2. THELISTENERS.IN shall, under no circumstances, be held responsible for payments and user will not ask or expect THELISTENERS.IN for refunds on technical grounds where third party payment gateway does not function efficiently or fails to honor successful transactions. The user agrees to communicate directly with their bank / bank card partners or the respective payment gateway for dispute settlement.

BREACH

Without prejudice to the other remedies available to THELISTENERS.IN may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if: (a) the user is in breach of this agreement, the Terms of Use and/ or the documents it incorporates by reference; (b) THELISTENERS.IN is unable to verify or authenticate any information provided by the user; or (c) THELISTENERS.IN believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or THELISTENERS.IN.

PROPRIETARY RIGHTS

1. The user acknowledges and agrees that all the Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or any other proprietary rights.

2. Except as expressly authorized by THELISTENERS.IN, the user shall not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content, in whole or in part, for any purposes, by any means or in any media other than printing or downloading.

3. The user may print, download or copy certain Content for their personal, non-commercial use ONLY, provided that none of the copyright, trademark, service mark and other proprietary rights notices contained in or accompanying such Content are infringed upon. The said print, copy or download shall be carried out only after express authorization by THELISTENERS.IN.

4. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of THELISTENERS.IN is prohibited.

5. The user agrees to use the Content, in part or in full, only for the purpose (s) which is expressly permitted in this Terms of Use.

6. Any use of the Content without express permission or in contravention of this agreement shall constitute Breach of this agreement and shall be dealt with strictly in accordance with the laws applicable.

INDEMNITY CLAUSE

The User agrees to indemnify, defend and hold harmless THELISTENERS.IN from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by THELISTENERS.IN that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the Terms of Use.

TERMINATION OF AGREEMENT AND SERVICES

1. The User agrees that THELISTENERS.IN may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the Terms of Use, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified from time to time.

2. THELISTENERS.IN shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any Terms of Use or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify THELISTENERS.IN of such discontinuance.

3. Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and THELISTENERS.IN shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party.

4. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website shall not be available for retrieval at a later stage.

GOVERNING LAW

1. THELISTENERS.IN reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, which shall be the sole discretion of THELISTENERS.IN.

2. This agreement and each Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.

INTERNATIONAL USE

1. THELISTENERS.IN makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside India.

2. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside India, you do so on your own initiative and are solely responsible for compliance with local laws.

ACKNOWLEDGMENT

By using any Service and/or Content provided by or through THELISTENERS.IN, you accept and agree to be legally bound by and comply with all of the terms included here. THE use of this Website by the User shall be construed and deemed to constitute an acknowledgement and acceptance by the User of this Agreement.