Terms Of Use

WEBSITE TERMS OF USE

Star India Private Limited is a company incorporated under Companies Act, 1956, having its registered office at Star House, Urmi Estate, 95 Ganpatrao Kadam Marg, Lower Parel (W), Mumbai 400013 (“Star”). Star provides a full-time professional television writing course to selected applicants for enhancement of their writing and /or creative skills and provides aspiring writers an opportunity to enter the television industry via its program (“Star Writers Program”).

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This is a legal agreement between you, the user (‘You’/ ‘Your’) of the Services (defined below), and Star stating the terms that govern Your use of the Site (defined below). Use of the Site and Services is subject to compliance with these Terms of Use ("Terms of Use"). If You do not agree to these Terms of Use, you are not entitled to use the Services and any use thereafter shall be unauthorized.

1)      DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE

a)       Star provides an online website https://starwritersprogram.startv.com (“Site”) as a platform for users to inter alia view and access information on the eligibility criteria, insights, testimonials etc. related to Star Writers Program as provided on the Site (“Content”) and provides for services through the Site  (collectively with Content, referred to as “Services”).

b)      By visiting the Site or using any of the Services You are agreeing to these Terms of Use. Unless otherwise specified, the Service is available for individuals aged 21 years or older. If You are under the age of 18, You should review these Terms of Use with Your parent or legal guardian to make sure that You and Your parent or legal guardian understands and agrees to it on Your behalf and further if required, You shall perform or undertake such activities which will entitle You to enter into a legally binding agreement with Star. Your access to and use of the Services is subject to these Terms of Use, Privacy Policy (defined below) and all applicable laws.

c)       The Privacy Policy shall govern all usage of any personal information and/or any other information as detailed in the Privacy Policy and including but not limited to any information gathered by Star under or pursuant to the Services and in relation to your participation in the same. You hereby agree and understand that Star will have access to and collect information and data shared/submitted by You and You hereby consent to the collection, receipt, storage, processing, transfer, use, destruction, retention and sharing of the personal information by Star, its affiliates, and designated third parties in accordance with the terms of Star’s privacy policy which is accessible at http://www.startv.com/legal-terms-policies/#wpp and Star’s personal data privacy policy available at http://www.startv.com/legal-terms-policies/#pdpp (“collectively, Privacy Policy”).

d)      You agree and understand that Star reserves all rights to make amendments, include new conditions or withdraw, change, alter, amend the Terms of Use and Privacy Policy without giving prior notice to You. You further understand and undertake the sole responsibility to visit this section of the Site from time to time in order to be informed of the latest version of the Terms of Use.

e)       Participation in the Star Writers Program by submitting application on the Site shall be subject to such further terms of use, as may be notified by Star from time to time on the Site or otherwise.

 

 

2)      ELECTRONIC COMMUNICATIONS

a)       When You use/avail the Services or send any data, information or communication to Star, You agree and understand that You are communicating with Star through electronic records and You consent to receive communications via electronic records from Star periodically and as and when required.

b)      You hereby irrevocably agree to will maintain confidentiality in respect of any response and/or official communication that is provided to You from an employee or representative at Star in connection with the Services or the Site and agree to make no public press announcements or information for publication without the explicit prior written approval of Star.

c)       Star will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Star which will be deemed adequate service of notice / electronic record.

d)      The Content which is viewed on the Site is the intellectual property of Star and/or Star’s licensors and shall not be used except as provided in these Terms of Use, without the prior written permission of Star.

3)      ACCESS AND USE OF THE SERVICES

a)       Star grants You a non-exclusive limited license to use the Services on the Site for personal, non-commercial purposes as set forth in these Terms of Use.

b)      By agreeing to use/avail the Services:

                 i.   In the event the Site allows you to register, You confirm and warrant that all the data and information supplied by You when You register or otherwise post comments/observations on the Site and/or provided by You to Star and or any Star’s affiliates, distributors (“Registration Data”) is true, current, complete and accurate in all respects.

               ii.   You agree to promptly update Your “Registration Data”, so that Your information remains true, current, complete, and accurate at all times

             iii.   You acknowledge and agree that Your information and any other personal data collected by Star is subject to Star’s Privacy Policy. For more information, view the full Privacy Policy. Star may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where the Services are used.

              iv.   You acknowledge, consent and agree that Star may access, preserve, and disclose Your account information subject to the Privacy Policy, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of Star, its users and the public.

                v.   You agree that Star has the right to temporarily or permanently suspend access to the whole or any part of the Services for any technical/operational reason or for any other reason whatsoever at its sole and absolute discretion. Star may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. Star will restore access to the Services as soon as reasonably practicable in case of temporary suspension.

              vi.   You agree that Star shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by act of God, war, disease, epidemic, pandemic, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Star.

            vii.   You agree that Star shall not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Site or due to use of any of the Services, including any injury or damage to Your or any person(s)’ computer related to or resulting from participation or downloading materials in connection with the Services.

          viii.   You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/or material based on the Content.

              ix.   You shall not attempt to transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

                x.   You agree that Star owns and retains all rights to the Services. You further agree that the Content You access and view as part of the Services is owned or controlled by Star and or its licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.

              xi.   You are responsible for the security and proper use of Your unique user ID and password that you enter while registering on the Site, as maybe required, and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.

            xii.   You agree that your use of the Services and the Content may give you the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms of Use. You agree that You will not misuse the Content you access and view as part of the Service, including without limitation, download the Content by illegal/non-permitted means, or infringe any of the Star’s copyright, trademark and other intellectual property including any rights of Star or its licensors subsisting in the Content. You further agree that you will not copy/record any of the Content You access and view as part of the Service, for any purpose, and/or copy/record any Content including video, images etc, by using any means including software, spyware, etc, for any purpose whatsoever.

          xiii.   You further agree that you with not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software which is not owned by Star.

          xiv.   In case the Site allows You to download or stream any of the Contents therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Star or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

            xv.   You agree that the trademarks, logos and service marks shown on this Site are registered trademarks of their respective owners. Nothing in Your use of the Site shall be interpreted as granting any license or right to use any image, trademark, logo or service mark made available on the Site.

          xvi.   You agree that You shall assume the entire risk with respect to the user, results of such use, in terms of accuracy, reliability, performance, completeness, comprehensiveness, currentness, functionality, performance, continuity, timelines of the Content available on the Site.

        xvii.   You waive your right to any claim based on the detrimental effects or results of any reliance placed by You on any information or data available on the Site.

      xviii.   The development of the Site with respect to the nature of the information or data available on the Site is a continuous and on-going process. Star disclaims any and all liability and/or responsibility for loss of any information or data, or any consequence, intended or unintended, due to the operation of the Site. Star does not assume or purport to assume any responsibility or liability to You for any failure or inability to access or use the Site for any purpose. Content available on the Site may not be current or upto date for any purpose.

          xix.   Star shall not be responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment or software due to technical problems or traffic congestion on the Site or due to use of any of the Services, including any injury or damage to Your or any person(s)’ computer related to or resulting from participation or downloading materials in connection with the Services.

            xx.   If You are the parent or the legal guardian of a minor child, and have allowed the minor child to use the Services, You agree that You shall be solely responsible for:

·         The online conduct of the minor child

·         Monitoring of such minor’s access to the Site and use of the Service

·         The consequences of any use of the Services by the minor child.

 

4)      TERMINATION OF SERVICE

Star reserves the right to immediately terminate or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Star determines in its sole discretion that You have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason.

5)      USER REVIEWS, COMMENTS AND OTHER MATERIAL

a)       In the event You are given an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") reviews or comments (collectively, "User Material"), You agree that Star shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that Star may determine, in its sole discretion, is inappropriate or for any other business reason.

b)      You must adhere to the below terms and conditions and not Post any information that:

                           i.       belongs to another person and to which You do not have any right to;

                         ii.      includes any advertisements or solicitation of any business/es;

                       iii.      is in bad taste, misleading, discriminatory, fraudulent, profane, grossly harmful, harassing, blasphemous, derogatory, defamatory, insulting, annoying, obscene, vulgar, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, hurting religious sentiments, national sentiments, immoral, abusive, offensive, insensitive to any person/ occupation/religious sections/gender/age group/sections of the society, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

                       iv.      harm minors in any way;

                         v.      infringes any patent, trademark, copyright or other proprietary rights;

                       vi.      violates any local or international laws, or any other laws that are for the time being in force;

                     vii.      deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

                   viii.      impersonate another person;

                       ix.      deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

                         x.      contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

                       xi.      threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

c)       You also represent and warrant that the by posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.

d)      You acknowledge that Star does not guarantee any confidentiality with respect to any User Material. You agree and acknowledge that by submitting the User Material, You are representing that the User Material and /or Post are not confidential or comprise any sensitive personal data or information.

e)       You represent and warrant that the User Material does not contain any confidential information relating to any third party/ies and/or any information relating to a third party which You are not lawfully authorized to disclose whether under a contractual obligation with a third party and/or under applicable laws anywhere across the world.

f)       By posting the User Material, You hereby grant Star a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license You grant to Star is non-exclusive, royalty-free, and sub licensable.

g)      In no event does Star assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against Star with respect to such User Material.

h)      If you have any complaints relating to any User Material uploaded on the site, then please contact: hello@startv.com. Your email, which must bear your digital signature or a signed written complaint should include the following information:

                           i.      Details of the objectionable Post;

                         ii.      Details of the basis of the objection;

                       iii.      Other relevant information required by Star to assess the complaint.

i)        Star shall take all reasonable measures, including taking down the objectionable Post expeditiously. You agree and acknowledge that Star’s responsibility in relation to objectionable Posts is limited to removing them post receipt of Your objections in accordance with this Terms of Use and Star shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.

6)      LINKED DESTINATIONS AND ADVERTISING

a)       Part of this Site may contain advertising and other material submitted to us by third parties. Although acceptance of advertisements on the Site on request is subject to our terms and conditions, we expressly disclaim any liability arising out of the usage of these products or services advertised on our Site.

b)      This Site may contain articles/testimonials contributed by several individuals. The views are exclusively their own and do not represent the views of Star or its management. All liability is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction apply with respect to contents of this Site. While using this website for information purposes or otherwise, users acknowledge and accept the above disclaimer.

c)       If Star provides links or pointers to other websites or destinations on the Site, You should not infer or assume that Star operates, controls, or is otherwise connected with these other websites or destinations. When You click on a link available on the Site, Star will not warn You that You have left the Site and are subject to the terms of use (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Site and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms of Use to govern your use of another website or destination.

d)      Star is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with Star. By using the Services, You acknowledge and agree that Star is not responsible or liable to You for any content or other materials hosted and served from any website or destination other than the Site.

e)       Star takes no responsibility for advertisements or any third-party material posted on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Star is not liable for any loss or claim that You may have against an advertiser.

7)      SUPPORT

If You have any questions, complaints or claims with respect to the Site, then such correspondence should be directed to the address as given below.

STAR India Private Limited

The contact information – hello@startv.com

8)      DISCLAIMER OF WARRANTIES

a)       You agree that use of the Services is at Your own risk. The Services including the Site, the Content, and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied.

b)      Star makes no warranties or representations about the accuracy or completeness of the Content and Services on the Site or the content of any websites linked in relation to the Content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies in the Content or Services including these Terms of Use, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Site including loss of User Material posted by You, whether based on warranty, contract, tort, or any other legal theory, and whether or not Star is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

c)       Without limiting the foregoing, Star does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

9)      LIMITATION OF LIABILITY

a)       In no case shall Star, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from Your use of the Site or any Service or Content thereof or for any other claim related in any way to Your use of the Site or any Service or Content thereof, including, but not limited to, any errors or omissions in any Content or material, or any loss or damage of any kind incurred as a result of the use of the Site or any Service or Content thereof, even if advised of their possibility.

b)      Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Star's liability shall be limited to the extent permitted by law.

10)  INDEMNITY

a)       You agree to defend, indemnify and hold harmless Star, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iv) Your breach of any applicable laws.

b)      In the event of any claim, You shall promptly adjust, settle, defend or otherwise dispose of such claim at Your sole cost. If You are not diligently and continuously pursuing this matter, Star may take such action on behalf of You and/or as attorney for You, to adjust, settle, defend or otherwise dispose of such claim, in which case You shall, reimburse Star for any such costs and penalties incurred thereof or such other indemnity in the amount thereof.

c)       This indemnification obligation will survive the expiry or termination of Terms of Use and Your use of the Service.

11)  GOVERNING LAW

a)       The relationship between You and Star shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services.

b)      Notwithstanding the foregoing, You agree that Star has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.

12)  SEVERABILITY

If any provision of these Terms of Use is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

13)  CHANGES

a)       Star reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Terms of Use and the Privacy Policy and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be posted on the Site and will be effective immediately after such posting and thereafter incorporated into this Terms of Use.

b)      Your continued use of the Services will be deemed to constitute your acceptance of any and all such Additional Terms.

14)  ENTIRE AGREEMENT

These Terms of Use and Privacy Policy constitute the entire agreement between You and Star governing Your use of the Services, superseding any prior agreements between You and STAR regarding such use.