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PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) SET FORTH BELOW CAREFULLY. BY CHOOSING TO USE THE SERVICES OF GREENATIVE FILMS PRIVATE LIMITED AND ITS AFFILITAES (“GREENATIVE FILMS”) THAT OWNS AND CONTROLS DIGITAL PLATFORM THROUGH ITS WEBSITE https://www.greenativefilms.com (“PORTAL”), YOU ARE GOVERNED BY THE TERMS SET OUT HEREUNDER THIS EULA AND BY AGREEING TO AVAIL OR BY AVAILING THE SERVICES AND PRODUCTS MADE AVAILABLE BY GREENATIVE FILMS ON THE PORTAL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN GREENATIVE FILMS AND YOU (“YOU”/ “YOUR” / “USER”). THIS EULA CONTAIN PROVISIONS THAT DEFINE YOUR LIMITS, LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND PARTICIPATION IN THE SERVICES THAT IS CONCEPTUALIZED, DEVELOPED AND HOSTED BY GREENATIVE FILMS THROUGH THIS PLATFORM INCLUDING THE DISTRIBUTION, MARKETING AND SALE OF GREENATIVE FILMS MERCHANDISED PRODUCTS (“PRODUCTS”). THE SERVICES PROVIDED BY GREENATIVE FILMS INCLUDES THE CLASSIFIED SERVICES, FORUMS, CHATS, PHOTOGRAPHS, AUDITION VIDEOS, COMMUNICATION FUNCTIONS AND INTERNET LINKS (“SERVICES”). THE EULA APPLIES TO ALL USERS OF THE PLATFORM, INCLUDING THOSE WHO ARE AVAILING SERVICES AS CONTRIBUTORS OF VIDEO CONTENT, PHOTOGRAPHS, INFORMATION, PRIVATE AND PUBLIC MESSAGES AND THOSE WHO ARE INTERESTED IN PURCHASING OR PURCHASE THE PRODUCTS ON THE PLATFORM.
THIS PLATFORM IS OWNED, OPERATED AND CONTROLLED BY GREENATIVE.
IF YOU, USE THIS PORTAL YOU REPRESENT THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS EULA LEGALLY. YOU AGREE TO INDEMNIFY GREENATIVE FILMS AND/ OR ITS AFFILIATES, OFFICERS, EMPLOYEES, REPRESENTATIVES AND ADVISORS, FOR ANY VIOLATION OF THIS EULA. BY AGREEING TO THIS EULA, YOU ALSO AGREE TO THE PRIVACY POLICY AND/OR SUCH OTHER TERMS AND POLICIES AS MAY BE ESTABLISHED OR INTRODUCED BY GREENATIVE FILMS FROM TIME TO TIME. IN CASE YOU FIND ANY ERROR IN THIS EULA, YOU MAY COMMUNICATE THE SAME TO GREENATIVE FILMS IN WRITING AT THE ADDRESS PROVIDED IN CLAUSE 20 OF THIS EULA. IF ANY TERM OF THE EULA IS NOT ACCEPTABLE TO YOU, PLEASE CEASE USING THE PORTAL FORTHWITH. YOUR CONTNUED USE OF THE PORTAL SHALL BE DEEMED TO BE AN ACCEPTANCE BY YOU OF THE TERMS OF THE EULA.
THIS EULA MAY BE UPDATED BY GREENATIVE FILMS FROM TIME TO TIME AT ITS SOLE DISCRETION AND WITHOUT ANY PERSONAL NOTICE TO ANY OF ITS USERS. ONCE THIS EULA IS AMENDED OR UPDATED, GREENATIVE FILMS WILL RELEASE THE UPDATED TERMS OF THE EULA IN THE PORTAL, ON GREENATIVE’S WEB PAGE AT (https://www.greenativefilms.com). ONCE THE UPDATED/ AMENDED TERMS OF THE EULA ARE RELEASED, THE UPDATED TERMS WILL EFFECTIVELY SUBSTITUTE THE ORIGINAL TERMS OF THE EULA. YOU MAY LOGIN INTO THE PORTAL OR VISIT THE WEBSITE TO REVIEW THE LATEST VERSION OF THE TERMS OF THIS EULA AT ANY TIME.
This EULA is important because it:
1.1. You acknowledge and understand that the Portal serves as a means to connect models, actors, singers, dancers and modeling agencies with production house (owned by and associated with Greenative). By using, visiting, registering and/or otherwise accessing the Platform and availing its Services, including any promotional activities, auditions, competitions, contests etc., relating to acting, music, dancing and similar artistic activities, you hereby certify that:
1.2. You understand that the Portal and all of its Services are property of Greenative Films and are solely based in India. Greenative Films controls and operates the Portal and makes no representation that the contents of the Portal are appropriate or available for use outside of India. If you use the Portal from a location outside India, you are responsible for compliance with applicable Laws therein.
1.3. The Services on the Portal are protected by the copyright, trademark and other applicable laws in relation to the intellectual property rights. Greenative Films owns and has the license to use all of the intellectual property rights relating to the Portal, the Services, the related websites, including without limitation, all intellectual property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, whether or not they happen to be registered. However, any third-party services made available to You on the Portal are made available under the relevant third-party license terms which will be applicable to You in case of your use of such services.
1.4. The Portal contains content including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, "Portal Content") that is accessible by Users. The Portal may also offer emails and chats to Users to communicate with each other. The creation of a User account/ registration of the User in the Portal shall be mandatory in order to use the Portal.
1.5. Portal may allow you to upload or transmit audition tapes, data, information, text, images, audio, portfolios, photographs, graphics, video, messages, tags, or other materials to or through the Portal ("User Provided Content"). For the User Provided Content, Greenative Films is merely hosting and providing access to the same to its production house.
1.6. The decision to submit User Provided Content to the Portal is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others, as per the applicable laws. Be aware that Portal Content belongs to the creator of that content, and you should not reproduce or submit anything without permission of the owner of such content.
1.7. You grant to Greenative, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to host, use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Provided Content, in whole or in part, or to incorporate it in other works in any form, media, or technology of any kind now known or hereafter developed or discovered for any purposes whatsoever. You agree that the Greenative Films may publish or otherwise disclose your name in connection with your User Provided Content.
1.8. Greenative Films undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Portal. You acknowledge, consent and agree that Greenative Films may, at its sole discretion and without notice to you, review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, that Greenative Films deems obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that Greenative Films believes to be in violation of the EULA.
1.9. Greenative Films shall not entertain any request for reimbursement of submitted auditions in case there is any change in listing on the Portal and Greenative Films shall not take any onus of notifying the use of any change of listing in any circumstances. Greenative Films shall display the listing and any selection or rejection of the application shall be intimated personally to every User on the Platform or through emails, texts and electronic messaging services on the contact details of the User provided to Greenative.
1.10. Occasionally there may be information on the Portal that contain errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Portal or on any related website is inaccurate at any time without prior notice.
1.11. Furthermore, there may be occasions when the Services on the Portal are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond Greenative’s control, that may further result in loss of certain or all content, features, and functionalities.
2.1. The Portal offers/ allows the User to avail the Services whereby the User can view the Portal Content or upload and provide User Provided Content or participate in any audition or promotional activities listed on the Portal from time to time.
2.2. In addition to the Services provided in the Portal, Greenative Films also distributes, markets and sales the Products through its Portal. You may purchase the Greenative Films merchandised Product made available on the Portal.
2.3. All parts of the Greenative Films merchandised Products, its photographs, trademarks, logos, or other intellectual property rights related to the Products, are the sole property of Greenative. Except as expressly provided in the EULA, no part of the Product shall be copied, duplicated, re-sold, reproduced, republished, uploaded, posted, publicly displayed, or distributed in any way to any other computer, server, website or other medium for marketing or distribution or for any commercial enterprise, without Greenative’s express prior written consent.
2.4. In relation to the Products listed on the Portal, Greenative Films shall have the right (but not the obligation) in their sole discretion to refuse or remove any Product that is available via the Portal. Without limiting the foregoing, Greenative Films shall have the right to remove any Product that violates the EULA or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the purchase of any Product, including any reliance on the accuracy, completeness, or usefulness of such Product.
2.5. Subject to the terms of this EULA, Greenative Films hereby grant You a personal, non- exclusive, non-transferable, revocable and limited license to access, view, or otherwise use the Portal for your personal and lawful use. Except as expressly stated herein, this EULA does not grant You any intellectual property rights in the Portal and its content, and all rights not expressly granted are reserved by Greenative.
2.6. You are granted the right to view the Portal Content using any of digital streaming internet video players, if any, compatible for playing/ streaming/ viewing the Portal Content, for your personal, lawful use only.
2.7. This EULA will be valid for an indefinite period or until terminated in accordance with the terms of this EULA.
3.1. In order to avail the Services of the Portal or for the purchase of the Greenative Films merchandised Product, You must:
3.2. Minors i.e., any person under the age of 18 years can register on the Portal only with the involvement & permission of a parent or legal guardian. In the event of a minor using or registering with the Portal, responsibility or liability for the minor's action shall be on his or her parent or legal guardian. The parent/legal guardian bears full responsibility in case of any legal compliance.
3.3. In case you do not meet the legal age requirement to use the Portal your parent or legal guardian (as the case may be) will be deemed to have accepted the terms of this EULA on your behalf, and in such a case, the parent or guardian (as the case may be) shall be bound by this EULA.
4.1. To get started with using any of the Services offered on the Portal or for the purchase of the Greenative Films merchandised Product, the User may be required to apply or sign up on the Portal, by going to the ‘Apply’ or ‘Sign Up’ section of the Portal, as the case may be and manually create their Account, using his/ her email address and/or phone number and other information provided in detail in Clause 4.2 below. The Portal may employ additional verification steps to ensure that the User is a verified User.
4.2. To create the User’s account, the User may be required to provide the following true and correct information (collectively, “Account Information”):
| # | Information | Requirement | Reason |
|---|---|---|---|
| 1. | Name | mandatory | For creating of user Account to avail the Services |
| 2. | Phone Number | mandatory | |
| 3. | Personal Email address | optional | For creating of user Account to avail the Services |
| 4. | OTP | mandatory | For verification of user |
| 5. | know your customer ("kyc") details | optional | for further proof of identification and creating for user account |
| 6. | User device geographic location | mandatory | For creating of user Account to avail the Services |
| 7. | Photograph face,video,audio clips | optional | For creating of user account to apply for auditions and promotionals activities |
| 8. | Topic of interest | mandatory to choose 1 | to align the requirements of the portal feed as per user preference |
| 9. | other personal information of the user including but not limited to gender age ,height complexion body type relationship status etc | mandatory | For creating of user account to apply for auditions and promotionals activities |
| 10. | Financial information such as bank, account information credit,debit card or other payment instrument details and any other information that you provide | mandatory | For creating of user Account to avail the Services |
4.3. On successful sign-up the User may, depending upon the Services opted for signing up to the Portal, avail their respective Services or for the purchase of the Greenative Films merchandised Product.
4.4. The User further agrees that it will not disclose its account details (including the password) to anyone and will notify Greenative Films immediately of any unauthorized use of his/ her Account. You understand that you are responsible for all activities that occur in respect of your Account, irrespective of whether you are aware of them or not.
4.5. Greenative Films reserves the right to add, edit, modify, delete any Account information, in the event the same, in Greenative’s sole discretion, is in breach of any applicable law and/ or this EULA and/or any of Greenative’s policies at any time
4.6. Greenative Films reserves the right to force forfeiture of any Account that violates any intellectual property rights or misleads other users or breaches any applicable laws or the terms of this EULA or policies of Greenative. Further, Greenative Films reserves the right to reclaim any Account (along with the Account Information) on behalf of the individuals that hold legal claims or intellectual property right claims over such Account Information.
4.7. You understand and acknowledge that you are responsible for (i) safeguarding the User Account details, including any passwords / pin used to access the Account and the Portal; and (ii) entire use of the Portal and its Services, including any purchases made or payment obligations arising under the Account.
5.1. All payments made against the purchases of Products on the Portal by you shall be compulsorily in Indian Rupees acceptable in India.
5.2. You have specifically authorized Greenative Films or its third-party payment service providers to collect, process, facilitate and remit payments and / or the purchase amount in relation to the Products purchased by you through the Portal electronically or through Cash on Delivery in respect of transactions made by you through the Portal.
5.3. Greenative Films reserves the right to impose limits on the number of transactions on an individual’s Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit, in relation to the purchase of Products.
5.4. When you initially subscribe to the Services, your credit or debit card will be charged immediately for the subscription at the fee for the applicable subscription of the Services, depending upon the nature of Services opted by You. In the event you subscribe to a free Services, you will not be charged for the same.
5.5. In the event you are enrolling yourself for a paid Service, you understand and agree that unless and until you cancel your subscription to the paid services:
5.6. You also understand and acknowledge that Greenative Films only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that Greenative Films shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can contact us at our address 16, Balajinagar 7th Street, Alwarthirunagar, Chennai - 600 087 or email to nodalofficer@greenativefilms.com in case you require any assistance with regard to payment transfer on the Portal and the same could be forwarded to the concerned third-party payment gateway provider for the redressal.
5.7. You consent that Greenative, at its sole discretion, shall be entitled to revise the fees (including but not limited to charging for the free content and vice versa) associated with the Content hosted on the Portal. You may cancel your membership at any time; however, there are no refunds or credits for partially used periods. It must be noted that subscription for Services shall not provide as an entry into any Contests or events of Greenative
5.8. The User hereby agrees, accepts and admits that the payment facility provided by Greenative Films on the Portal is neither a banking nor a financial service, but by making available third-party wallets and/or payment gateways on the Portal, Greenative Films is merely enabling and facilitating the transactions entered into between the User and the third party. Further, by making available the aforesaid payment facility, the Greenative Films neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
6.1. A User may have the option to Return back the items purchased by the User to Greenative Films on the Portal (“Return”) and make requests to Greenative Films for generating refunds against such Returns (“Refund”). Greenative Films shall at its sole discretion agree the requests made by you for Return and Refund, subject to the terms set out under this EULA. We encourage you to review the listing before making the any purchase decision. In case you order a wrong item, you shall not be entitled to any Return/Refund.
6.2. Any request related to Return or Refund may be accepted by Greenative, subject to the occurrence of following situation:
6.3. You would need to raise the Return/Refund request within 14 days from the date of payment realization. Once you have raised a Return/Refund request by contacting Us, Greenative Films can choose one of the following options:
6.4. In the event of sale, marketing and distribution of Products on certain specified days such as on specific offers or sale, separate policies may be applicable.
6.5. Shipping cost for returning the product shall be borne and incurred by Greenative
7.1. Whenever a User is not happy with the Products bought on the Portal and makes request for replacement, for reasons set out below, the User shall have to make replacement request through the Portal (“Replacement”).
7.2. Our Replacement policy seeks to assist the Users who are buyers of the Products on the Portal and who have been unhappy with their purchases on the Portal. If at the time of delivery and/or within specified days from the date of delivery of the Products, if any defect is found, then the buyer of the Product can ask for replacement of the Products from Greenative. However, the reasons for such Replacement shall be either of the following:
7.3. You would be required to raise the Replacement request within 14 days from the date of delivery of Products.
7.4. Once You have raised a Replacement request by contacting Us, the following steps shall be followed:
7.5. All shipping and other Replacement charges shall be borne and incurred by Greenative.
7.6. Greenative Films shall be responsible for issuing the correct and complete invoice to the buyers of the Products.
7.7. Further for Returns, Refunds or Replacement of the Products being made by you to Greenative, the following parameters needs to be ensured by You.
| CATEGORY | CONDITION |
|---|---|
| Electronics | Should be "New" and returned with original packaging |
| Clothing and Footwear | Should be "New" and unworn(other than for trial) |
| Office Products | Should be "New" and returned with original packaging |
| Jewellery | Should be "New" and returned with original packaging |
7.8. If the Product is not in accordance with the above parameters, then You shall not be entitled to any Return/ Refund /Replacement policies set out hereunder.
8.1. You hereby agree that you shall not:
a) side load the Portal or download or share an .apk or any other executable file of the Portal or use the Portal on any jailbroken device;
b) send spam, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Portal;
c) exploit or endanger or is harmful to any minor/ child;
d) promote or support terror or hate groups;
e) contain false and misleading claims about vaccination safety and/or health related information;
f) depict or encourage self harm, suicide or self destruction;
g) depict animal cruelty or extreme violence towards animals;
h) impersonate or attempt to impersonate any person or entity or deceive or mislead any person or entity about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
i) use the Services offered by the Portal to promote competing services;
j) use the Portal to provide services to third parties, except in accordance with the terms of this EULA and the Privacy Policy (available at https://www.greenativefilms.com.)
k) implement, use, sell, distribute, transfer or permit any third party to implement, use, sell, distribute or transfer the Portal (and all the intellectual property rights thereto) for the purpose of profit making
l) copy, alter, amend, run by mount, or create any derivative work based on the Portal or any part or component thereof, such as the creation of plug-ins, add-on programs or any unauthorized third-party tools/ services that access or try to access the Portal or its source code and other co-relative systems;
m) remove, delete or alter any proprietary notices or marks (including without limitation, the copyright statements) on the Portal;
n) re-engineer, de-compile, disassemble, alter, translate or reverse-engineer the Portal (or its source code) or any part or component thereof;
o) use any technology or automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses, KYC details or other data stored on the Portal;
p) use the Portal to take any action to threaten the security of the network, server, any other account on the Portal, without permission; attempting, without permission, to detect, scan or test the weakness of the Portal or its network system;
q) introduce or attempt to introduce any virus, trojan, bug, bots, worms or any other malicious program on the Portal or the website of the Portal designed to interrupt, destroy or limit the functionality of any computer resource;
r) use the Portal to deliver, transmit or store any content that contravenes the laws of India, or threatens the unity, integrity, national security/ defense or social stability of any country or threatens public order and peace or harms the religious, political, racial, geographical or ethnic sentiments of any persons, or is insulting to any other nation (including India) and threatens the sovereignty or the friendly relations of India with foreign states;
s) use the Portal to deliver, publish, transmit or store any content that causes incitement to the commission of any cognisable offense or prevents investigation of any offense;
t) deliver, transmit or store any content that is inappropriate, insulting, defamatory, libelous, obscene (including pornographic content), lascivious, appeals to prurient interest, violent, pedophilic, invasive of another’s privacy (including bodily privacy), artificially morphed images of an individual, insulting or harassing on the basis of gender, racially or ethnically objectionable or is against the laws of any country or promotes prostitution or provision of sexual service in any manner;
u) publishes, delivers, transmits any information that is patently false, untrue and is written or published in any form with an intent to mislead or harass any person, entity or agency for financial gain or cause injury to any person;
v) use the Portal to publish, deliver, transmit or store any content that infringes the intellectual property rights, proprietary rights, know how, trade secrets or other legal rights of any third party which the User does not have right, power, authority or license to use;
w) sells, leases, lends, spreads or sub-licenses the Portal and/ or its Services or gain profits from using the Portal and/or its Services; and
x) use the Portal and its Services in any other illegal manner (including relating to or encouraging money laundering or gambling), for any illegal purpose or in any form which is in contravention of the terms of this EULA.
9.1. In the event, Greenative Films either on its own or on receipt of a complaint by any third party, is of the prima facie opinion that any Portal Content or the User Provided Content uploaded on the Portal is in violation of the terms of this EULA or Privacy Policy, or any applicable laws in India, Greenative Films may forthwith and without offering the User any opportunity to put forth any representation or appeal, remove or block such content from the Portal. In respect of such removal, Greenative Films shall not in any manner be responsible or liable to the User for the same
9.2. Greenative Films shall on receipt of any direction, notification, order, judgment, decree, award, from any court of competent jurisdiction, tribunal, judicial or quasi-judicial authority, government department, agency, ministry or any governmental authority, directing, mandating or requiring Greenative Films to remove or take down any Portal Content or the User Provided Content uploaded, posted, transmitted, reproduced or distributed on the Portal, forthwith remove such content from the Portal and for such removal Greenative Films shall not in any manner be responsible, liable or answerable to the User.
Greenative Films may include advertising on the Portal. You agree that Greenative Films may integrate, display and/or otherwise communicate advertising content on the Portal and to you in the manner set out in more detail in the Privacy Policy available in the Portal.
11.1. For the purpose of this Portal, Greenative Films acts as an independent unit facilitating the interaction and network between models, actors, singers, dancers and production house (owned and associated with Greenative). Our services are solely limited to providing a common platform where the Users can come together and access the Services. We shall retain any and all copyright, trademark and other intellectual property rights in and to any audition tapes that may be posted onto the Portal in response to an announcement for an audition and the Users must contact and receive express permission from Greenative Films before utilizing such tapes for any and all purposes.
11.2. The Portal Content made available through the Portal are not sold or transferred to the User and Greenative Films and its affiliates, retain ownership of all copies of the Portal Content, even after usage of the Portal on the User’s personal computer, mobile handsets, tablets, wearable devices, smart speakers, IoT devices, smart-home hubs and/or other devices (“Devices”). The User will not use, copy, adapt, modify, prepare derivate works based upon, distribute, license, sell, transfer, publicly display, transform, stream, broadcast or otherwise exploit Content, except as expressly permitted in this EULA, without Greenative’s express prior written consent. No license or rights are granted to the User by implication or otherwise under any intellectual property rights owned or controlled by Greenative Films or its affiliates, except for the licenses and rights expressly granted in this EULA.
11.3. The Products on the Portal are merchandised and sold by Greenative. All Products on this Portal are protected by trademarks, and other intellectual property rights and it is solely for Your personal and non-commercial use. You may purchase the Product but under no circumstances shall copy, reproduce, re-sale, transmit or distribute such Product in any way, including by electronic means and whether directly or indirectly and You must not assist any other person to do so, without the prior written consent of the Greenative Films who is the owner of the Product. Similarly, any modification of the Products, or use of the Products on any other website or networked computer environment or use of the Products for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights of Greenative, and is strictly prohibited.
12.1. You expressly agree that use of the Portal (including its Services) thereon is at your sole risk. The Portal and its Services are provided on an “as is” and “as available” basis. Greenative Films expressly disclaims any and all liabilities, warranties, representations, conditions, or indemnities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration.
12.2. Greenative Films and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Portal or that the Portal and its Services will be error free or that any errors will be corrected. No advice or information provided to you by Greenative Films will create any liability or warranty that is not expressly stated in this EULA.
12.3. Greenative Films and/or its affiliates expressly disclaim any and all responsibility and/or liability in relation to any transaction undertaken by You on the Portal.
12.4. Greenative Films and its affiliates disclaims that there is no warranty that Product description or other details of the Product is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
12.5. Greenative Films does not claim ownership rights in any Portal Content that any third party makes available through the use of the Portal, including but not limited to the User Provided Content.
12.6. Greenative Films makes no representations, warranties or guarantees in relation to inter alia: (i) the quality, fitness of the Services and Greenative Films merchandised Products offered on the Portal; including but not limited to, any information provided through Portal and their applicability to the User’s individual circumstances.
12.7. Greenative Films does not necessarily endorse any opinion contained in the User Provided Content. Greenative Films makes no warranties or representations, express or implied, about the User Provided Content, including as to its legality or accuracy.
12.8. The User understands and acknowledges that Portal may send the User push notifications or advertisements depending on the terms and conditions. The Individual User acknowledges and agrees that the Portal is only a platform being provided by Greenative Films to the User to avail the Services and may provide the User the ability to interact with the production houses, however, Greenative Films does not guarantee the Users, in any manner whatsoever to be shortlisted and be associated with the production house of Greenative.
13.1. The User covenants that it shall:
i. comply with any and all applicable laws and/or such other rules and guidelines as may be applicable to the User;
ii. not breach any of the terms set forth in this EULA;
iii. verify and affirm the accuracy and truthfulness of all the information the User provides to Greenative;
iv. not upload any content on the Portal that will infringe any third-party rights, including without limitation, intellectual property rights and rights of privacy or publicity;
v. he/she shall in the manner and at the period as may be mutually decided between the Greenative Films and the User pay to Greenative Films the monies that are liable to be paid for providing the Services to the User.
13.2. You, by providing and submitting the User Provided Content to Greenative, you represent, acknowledge, and warrant that:
a) you have the right to do so or that you have obtained any necessary third-party consents (e.g., under privacy or intellectual property laws), if applicable;
b) the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and
c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Platform on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of Greenative, you agree to furnish Greenative Films with any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
13.3. Greenative Films does not certify for the validity, accuracy or credibility of any User Provided Content on the Portal and does not take any responsibility or for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Portal. Through your use of the Portal you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretences, international trade issues and foreign nationals. Greenative Films does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Portal, you assume all associated risks, and Greenative Films expressly disclaims any and all liability in connection with User Provided Content.
13.4. You are solely responsible for all User Provided Content that you make available via the Portal. Under no circumstances will Greenative Films be liable to you in any way for any User Provided Content that you upload, post, or otherwise make available via the Portal, including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Provided Content. In addition, you hereby release Greenative Films from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted by the EULA, Greenative Films acquires no title or ownership rights in or to any User Provided Content you submit and nothing in this EULA conveys any ownership rights in the User Provided Content you submit to Greenative.
13.5. Greenative Films reserves the right to unilaterally change or restrict the functional aspects of the Portal for the purpose of business development or pursuant to directions from any governmental authority or in course of compliance with applicable laws and Greenative Films takes no responsibility whatsoever in respect of any damages, losses (direct or indirect) suffered by the User as a result of such change or restriction on the Portal.
13.6. Greenative Films is not responsible for any third-party charges that the User incurs (including any charges from the internet service providers) in relation to the use of the Portal by the User.
13.7. In addition to the above, the User agrees, acknowledges and confirms the following:
i. Greenative Films and/or its affiliates (including their directors, officers and/or employees, representatives and advisors) accept no responsibility for any legal or financial events or outcomes arising out of the use of the Portal.
ii. The Services offered on the Portal are for personal or commercial use.
iii. You will use the Portal and its Services in a manner which is inconsistent with any and all applicable laws and regulations.
iv. You will not falsify its identity or misrepresent itself or any other User or any third party, in any way, on the Portal.
v. All advertisements/ notifications received by the User through a third party registered on the Portal are advertisements/ notifications of such third party and Greenative Films is not responsible for the same.
13.8. You will indemnify, defend, and hold harmless Greenative, Greenative’s licensors and affiliates and their respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
i. Your access to and use of the Portal;
ii. Your violation of any of the provisions of this EULA;
iii. Your violation of any rules, regulations, acts or laws that are in force or that may come into force from time to time;
iv. any activity related to Your Account by the You or any other person accessing the Portal through Your Account, including without limitation, negligent or wrongful conduct; or
v. Your violation of any third party rights.
13.9. Greenative Films reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You hereby agrees, undertakes and confirms to cooperate with Greenative Films in asserting any available defenses.
14.1. To the maximum extent permissible by applicable laws, in no event will Greenative Films and/or its affiliates be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, your use of the Portal or its Services and/or Portal Content and/or User Provided Content and/or the Products (merchandised and sold by Greenative), whether or not the damages are foreseeable, and/or whether or not Portal has been advised of the possibility of such damages in advance. If you are dissatisfied with the Services on the Portal or the Products purchased from the Portal, your sole and exclusive remedy is to discontinue using the Portal.
14.2. Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to your use of the Portal and/or our relationship with you, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.
14.3. Greenative Films and/or its affiliates shall under no circumstances whatsoever be liable for any delay and/or default in performance under this EULA caused by an event beyond their reasonable control, including but not limited to, war, accident, lock-down, act of god, pandemic, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to Greenative Films or to you.
14.4. Greenative Films and/or its affiliates disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services on the Portal or that the Services on the Portal will be error free or that any errors will be corrected, or the services offered by third parties on the Portal will never result in any liability for You. No advice or information provided to you by Greenative Films will create any liability or warranty that is not expressly stated in this EULA.
Where permitted under the applicable law, you agree that it may bring claims against Greenative Films only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both Greenative Films and You, as a party to this EULA agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
16.1. In the event of any disputes, differences or claims arising in connection with this EULA, during its subsistence and/or after their termination in any manner whatsoever, including the validity and/or construction and/or interpretation of any of the sections hereof or anything done or omitted to be done pursuant hereto, the parties entering into this EULA shall to the fullest extent possible, try to settle the disputes, differences or claims in the first instance by prompt and good faith negotiations between themselves.
16.2. Any dispute that is not resolved within 30 (thirty) days of the occurrence thereof shall be referred to and finally settled by way of arbitration, under the Arbitration and Conciliation Act, 1996, as amended from time to time (the “Arbitration Act”). The arbitration shall be conducted by a sole arbitrator appointed in accordance with the Arbitration Act.
16.3. The seat, place and venue of the arbitration proceedings shall be New Delhi, India and the language of the arbitral proceedings shall be English. All aspects of the arbitration shall be treated as confidential. The law governing this arbitration agreement shall be the law of India.
16.4. The arbitrator shall have the power to grant any legal or equitable remedy or relief available under applicable law, including injunctive relief (whether interim and/ or final) and specific performance. For avoidance of doubt, each party to the dispute shall be entitled to apply to the appropriate court of competent jurisdiction for interim or interlocutory relief in respect of such arbitration.
16.5. The arbitrator shall also have the power to decide on any dispute regarding the validity of this clause 16.
16.6. During the course of any arbitration under this clause 16, except for the matters under dispute and subject to any interim reliefs/ orders granted by courts/ or the arbitrator, the parties entering into this EULA shall continue to exercise their remaining respective rights and fulfil their remaining respective obligations under this EULA.
16.7. The parties entering into this EULA shall participate in good faith to reasonably expedite (to the extent practicable) the conduct of any arbitral proceedings commenced under this EULA.
16.8. The arbitrator shall render a written and reasoned award in writing at the earliest and in its award, also, decide on and apportion the costs and reasonable expenses (including reasonable fees of counsel) incurred in the arbitration. Any arbitral award or measures ordered by the arbitrator: (a) may be specifically enforced by any court of competent jurisdiction; and (b) shall be final and binding on the parties entering into this EULA.
This EULA shall be strictly governed by and constructed in accordance with the laws of India and subject to Section 22 hereinabove, the courts of New Delhi, India shall have exclusive jurisdiction over any disputes arising from this EULA or use of the Services and the Portal.
Greenative Films reserves the right to change the terms of this EULA at any time for any reasons deemed fit by Greenative, including but not limited to, improving the existing functions or features of the Portal, adding new functions or features to the Services offered on the Portal, reasonable technical adjustments to the Portal, ensuring the effectivity of security features of the Portal, and adjustments to the Portal pursuant to legal or regulatory compliance requirements. Any changes that we make will become a part of this EULA and the terms with you when they are posted and as such, you are required to regularly check this page. Greenative Films may choose to notify you of any changes to this EULA by way of push notifications and/or pop-ups and/or e-mails within the Portal. Your continued use of our Portal will constitute your agreement to any changes made to this EULA by Greenative. If you do not wish to continue using the Portal under the new version of the terms of this EULA, you may terminate your Account. The last date on which the terms of this EULA were revised is set forth at the top of this document.
With Your use of the Portal and its Services, Greenative Films will collect certain information as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at https://www.greenativefilms.com.
If you have any questions about the terms of this EULA or the Portal or the Services offered on the Portal, please contact (the Grievance Officer and the Nodal Officer of the Company) Greenative Films at Mohan Rakesh Babu (mailto: nodalofficer@greenativefilms.com) Your grievances, if any, will be redressed within the period prescribed under applicable law.
Entity Name:
Greenative Films Private Limited
Register Office Address:
16, Balajinagar 7th Street, Alwarthirunagar, Chennai - 600 087
Grievance Officer
Name: Mohan Rakesh Babu
Email id: nodalofficer@greenativefilms.com
Landline Number: +91 915 016 0153
Mobile Number: 9014665550