Terms and Conditions
Last Updated: 18/11/2024
Welcome to Film-hook! These Terms and Conditions ("Terms") govern your access to and use of the Film-hook mobile application and related services (collectively, "the App") provided by Film-hook Mediaapps Pvt Ltd., a Bangalore, Karnataka, India corporation ("we," "our," or "us"). By downloading, installing, or using the App, you agree to comply with and be bound by these Terms.
If you do not agree with these Terms, do not use the App.
1. Acceptance of Terms
By accessing or using Film-hook Apps, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using the App on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Eligibility
You must be at least 18 years old or have the legal capacity to enter into a binding agreement to use the App. If you are under 18, you may use the App only with the involvement of a parent or legal guardian.
3. Account Registration and Security
To access certain features of the App, you may be required to create an account by providing accurate, complete, and up-to-date information. You agree to:
- Maintain the confidentiality of your account login credentials.
- Immediately notify us of any unauthorized use of your account or any other breach of security.
- Be responsible for all activities that occur under your account, whether authorized or unauthorized.
We reserve the right to suspend or terminate your account if we believe there has been a violation of these Terms or other misuse of the App.
4. User Content
Film-hook allows users to create, upload, share, and interact with content such as posts, videos, images, and comments ("User Content"). You retain ownership of your User Content but grant us a worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, display, distribute, and modify your content for the purposes of operating the App, marketing, and other related activities.
By uploading content, you represent and warrant that:
- You have all necessary rights, licenses, and permissions to share the content.
- Your content does not infringe on the intellectual property, privacy, or other legal rights of third parties.
- Your content is not illegal, harmful, offensive, or violates the App’s community guidelines.
We reserve the right to remove any content that violates these Terms or is deemed inappropriate in our sole discretion.
5. Prohibited Conduct
You agree not to:
- Use the App for any unlawful, defamatory, fraudulent, or harmful purpose.
- Engage in harassment, abuse, or harm toward other users.
- Distribute malware or other harmful software.
- Impersonate any person or entity, or falsely represent your affiliation with any organization.
- Violate any applicable local, state, national, or international law.
- Interfere with or disrupt the App’s functionality, servers, or networks.
Any violation of these provisions may result in the suspension or termination of your account and legal action.
6. Intellectual Property
The content, design, logos, trademarks, and other materials available on the App are owned by Film-hook Mediaapps Pvt Ltd., or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use, copy, or distribute such materials without prior written permission from Film-hook Mediaapps Pvt Ltd., except as otherwise provided within the App.
7. Privacy
Your use of the App is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the App, you consent to the collection and use of your data as described in the Privacy Policy.
8. Third-Party Links and Services
The App may contain links to third-party websites, services, or applications that are not controlled or operated by Film-hook Mediaapps Pvt Ltd., We are not responsible for the content, privacy policies, or practices of any third-party sites. You acknowledge that we are not liable for any damages or losses caused by your use of third-party services.
9. Termination and Suspension
We may suspend or terminate your access to the App, in whole or in part, at our sole discretion, without notice, for any reason, including if we believe you have violated these Terms.
Upon termination, your right to use the App will immediately cease, and any content you have uploaded may be deleted, unless required by law to retain it.
10. Disclaimers
- No Warranty: The App is provided "as is" and "as available," without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Limitation of Liability: To the maximum extent permitted by law, Film-hook Mediaapps Pvt Ltd., will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use the App, even if we have been advised of the possibility of such damages.
11. Indemnification
You agree to indemnify and hold harmless Film-hook Mediaapps Pvt Ltd., its affiliates, directors, employees, and agents from any claims, liabilities, losses, or damages arising from your use of the App, your content, or any violation of these Terms.
12. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Bangalore, Karnataka, India. Any disputes arising under these Terms will be resolved exclusively in the courts located in Karnataka High Court, and you consent to personal jurisdiction in those courts.
13. Amendments
We reserve the right to update or modify these Terms at any time, and such changes will be effective immediately upon posting the updated Terms on the App or our website. We encourage you to review these Terms periodically for any updates.
14. Contact Us
If you have any questions or concerns about these Terms or the App, please contact us at:
Film-hook Mediaapps Pvt Ltd.,
Bangalore, Karnataka, India
www.film-hookapps.com
You agree to take responsibility for any issues caused by sharing copyrighted material without permission.
Introduction to Film-hook Apps
Film-hook Apps is an innovative social media platform designed exclusively for professionals, enthusiasts, and creatives in the media industry as well as public users. Whether you're an actor, director, producer, technician, or simply a cinephile, Film-hook Apps brings the global film community closer than ever.
Key Features:
- Networking for Creatives: Connect with fellow industry professionals, collaborators, and mentors to grow your career.
- Showcase Your Talent: Create and share your biography or behind-the-scenes content in a dedicated space for media professionals.
- Discover Opportunities: Access casting calls, job postings, and project collaborations, all curated to match your expertise and interests.
- Film-Centric Community: Discuss industry trends, share insights, and celebrate the magic of media with like-minded individuals.
Film-hook Apps is more than a platform; it's a hub for collaboration, inspiration, and growth, empowering the next generation of median-makers and. Join us, and let your creativity shine!
Account Responsibilities for Film-hook Apps Users
Film-Hook Apps is a professional networking and collaboration platform for the media industry. To maintain a productive and respectful environment, users are expected to adhere to the following account responsibilities:
1. Personal and Professional Integrity
- Provide Accurate Information: Use your real name and professional details. Misrepresentation of identity, qualifications, or experience is prohibited.
- Maintain Professional Conduct: Use the platform to connect, collaborate, and share industry-related content in a manner that upholds professional standards.
2. Content and Engagement
- Share Relevant Content: Ensure that all shared posts, media, and comments are relevant to the media industry, including topics like casting, production, editing, and industry news.
- Avoid Offensive Content: Do not post or share material that is abusive, hateful, defamatory, or otherwise inappropriate.
- Engage Respectfully: Interact with other users respectfully, fostering a collaborative and inclusive environment.
3. Intellectual Property
- Respect Copyright: Share only content you own or have permission to use. Avoid uploading scripts, footage, or other media without proper rights or authorization.
- Credit Creators: When sharing collaborative projects or media, credit all involved parties accurately.
4. Networking and Collaboration
- Use Responsibly: Reach out to other users for legitimate networking and professional purposes. Avoid spamming or sending unsolicited messages for non-industry-related promotions.
- Maintain Boundaries: Respect others' privacy and consent when initiating conversations or collaborations.
5. Security and Privacy
- Protect Account Information: Do not share login credentials or allow others to use your account.
- Report Suspicious Activity: Inform the support team immediately if you notice any unauthorized activity on your account.
6. Compliance with Platform Policies
- Follow Community Guidelines: Adhere to Film-Hook's terms of service, community guidelines, and code of conduct.
- Avoid Exploitative Practices: Do not use the platform for illegal activities, scams, or exploitation of users, including casting or project fraud.
Consequences of Non-Compliance
Failure to adhere to these responsibilities may result in warnings, temporary suspension, or permanent account termination.
Ownership of Content
- User-Generated Content (UGC):
Users retain full ownership of any content they upload to Film-Hook, including but not limited to photos, videos, scripts, reviews, comments, and other media (collectively referred to as "Content").
- By uploading Content to Film-Hook, you grant the platform a non-exclusive, worldwide, royalty-free license to use, display, distribute, and promote your Content as needed to operate and improve the platform.
- This license allows us to showcase your work in promotional materials (e.g., app screenshots, banners, or marketing campaigns) while always crediting you as the creator.
- Film-Hook Proprietary Content:
All intellectual property, trademarks, designs, logos, and features of Film-Hook (excluding UGC) remain the exclusive property of the Film-Hook team or its licensors. Users may not replicate, modify, or use this material without explicit permission.
2. Rights and Responsibilities
- Your Responsibilities:
- Ensure you have the legal right to upload any Content to the platform.
- Respect copyright laws and do not share pirated or unauthorized material.
- Film-Hook is not responsible for verifying the authenticity or originality of your Content.
- Our Commitment:
- We will not sell your Content without your explicit permission.
- Any use of your Content will be restricted to promoting the app or its community and will include appropriate credit wherever applicable.
3. Content Removal
- User-Controlled Deletion:
You can delete any Content you’ve uploaded to Film-Hook at any time. Once deleted, Film-Hook will no longer use or display your Content, except where it may persist temporarily in backups or system archives.
- Platform-Enforced Removal:
Film-Hook reserves the right to remove or restrict access to Content that violates our Community Guidelines, Terms of Service, or applicable laws.
4. Disputes and Copyright Infringement
- Copyright Infringement Complaints:
If you believe someone has uploaded Content that infringes on your intellectual property, you may file a complaint through our Copyright Violation Portal.
- We will investigate all complaints promptly and may remove infringing Content while resolving disputes.
- Dispute Resolution:
Any disagreements regarding Content ownership or rights will be subject to the dispute resolution process outlined in our Terms of Service.
When drafting a Content Ownership policy for a Film-Hook app (a social media platform tailored for the film industry), the focus should be on clarity, transparency, and fairness. Here’s a suggested framework for your content ownership clause:
Content Ownership Policy
1. Ownership of Content
- User-Generated Content (UGC):
Users retain full ownership of any content they upload to Film-Hook, including but not limited to photos, videos, scripts, reviews, comments, and other media (collectively referred to as "Content").
- By uploading Content to Film-Hook, you grant the platform a non-exclusive, worldwide, royalty-free license to use, display, distribute, and promote your Content as needed to operate and improve the platform.
- This license allows us to showcase your work in promotional materials (e.g., app screenshots, banners, or marketing campaigns) while always crediting you as the creator.
- Film-Hook Proprietary Content:
All intellectual property, trademarks, designs, logos, and features of Film-Hook (excluding UGC) remain the exclusive property of the Film-Hook team or its licensors. Users may not replicate, modify, or use this material without explicit permission.
2. Rights and Responsibilities
- Your Responsibilities:
- Ensure you have the legal right to upload any Content to the platform.
- Respect copyright laws and do not share pirated or unauthorized material.
- Film-Hook is not responsible for verifying the authenticity or originality of your Content.
- Our Commitment:
- We will not sell your Content without your explicit permission.
- Any use of your Content will be restricted to promoting the app or its community and will include appropriate credit wherever applicable.
3. Content Removal
- User-Controlled Deletion:
You can delete any Content you’ve uploaded to Film-Hook at any time. Once deleted, Film-Hook will no longer use or display your Content, except where it may persist temporarily in backups or system archives.
- Platform-Enforced Removal:
Film-Hook reserves the right to remove or restrict access to Content that violates our Community Guidelines, Terms of Service, or applicable laws.
4. Disputes and Copyright Infringement
- Copyright Infringement Complaints:
If you believe someone has uploaded Content that infringes on your intellectual property, you may file a complaint through our Copyright Violation Portal.
- We will investigate all complaints promptly and may remove infringing Content while resolving disputes.
- Dispute Resolution:
Any disagreements regarding Content ownership or rights will be subject to the dispute resolution process outlined in our Terms of Service.
5. Termination of License
The license you grant to Film-Hook terminates once you delete the Content or close your account, except for Content previously shared with other users or Content used in platform promotion under agreed terms.
DMCA will ensure the policy complies with copyright laws in the jurisdictions where the app operates.
d to fostering a safe, creative, and collaborative space for film professionals and enthusiasts. To maintain a respectful and productive environment, users are strictly prohibited from engaging in the following activities:
1. Illegal Activities
- Engaging in, promoting, or facilitating illegal activities, including but not limited to:
- Piracy of films, scripts, or other copyrighted material.
- Distribution of unauthorized content or intellectual property theft.
- Fraud, hacking, or identity theft.
2. Harassment and Abuse
- Posting or sharing content that is threatening, abusive, or promotes discrimination based on race, gender, religion, nationality, sexual orientation, or other personal characteristics.
- Engaging in stalking, doxxing, or bullying other users.
3. Inappropriate Content
- Sharing explicit, violent, or graphic material unrelated to professional film discussions.
- Promoting obscene, defamatory, or otherwise harmful content.
4. Misrepresentation
- Creating fake profiles or impersonating other film professionals, actors, directors, or studios.
- Providing false information about projects, roles, or collaborations.
5. Spamming and Advertising
- Posting unsolicited promotional content, such as advertisements for unrelated products, scams, or pyramid schemes.
- Flooding the platform with repetitive or irrelevant messages.
6. Exploitation and Scams
- Exploiting users by soliciting funds under false pretenses or offering fake job opportunities.
- Sharing links to malicious websites or phishing schemes.
7. Copyright Violations
- Sharing scripts, music, or films without proper permission or licenses.
- Encouraging or participating in the unlicensed distribution of films or related works.
8. Disruption of Platform Functionality
- Attempting to disrupt, damage, or overload the platform’s systems or services.
- Using bots, crawlers, or other automated tools to collect data or manipulate the platform.
9. Personal Data Misuse
- Collecting, storing, or sharing personal information of other users without their consent.
- Violating privacy laws or the platform's data policies.
10. Breach of Community Guidelines
- Failing to adhere to the app’s broader Community Guidelines or Terms of Service.
- Encouraging others to break platform rules or engaging in disruptive group activities.
Consequences of Violations
Any user found engaging in prohibited activities may face actions including but not limited to:
- Content removal.
- Temporary or permanent account suspension.
- Legal action where applicable.
Reporting Violations
If you witness any activity that violates this policy, please report it using the in-app tools or contact our support team at support@film-hookmediaapps.com
Privacy and Data Usage Policy
Effective Date: 25/11/2024
1. Introduction
Welcome to Film-Hook! Your privacy is important to us, and this Privacy and Data Usage Policy explains how we collect, use, store, and share your personal information. By using Film-Hook, you agree to the terms outlined in this policy.
2. Data We Collect
We collect information to improve your experience on Film-Hook. This includes:
a. Information You Provide Directly:
- Account Information: Name, D.O.B, Country, Birth place, Living Place, email address, phone number & profile picture.
- Professional Details: Roles, Projects, work experiance, and skills.
- Content: Photos, videos, posts, comments, and messages shared on the platform.
b. Information We Collect Automatically:
- Device Information: Device type, operating system, and browser type.
- Usage Data: Time spent on the app, features used, and interactions with other users.
- Location Data: Approximate or precise location, depending on your device settings.
3. How We Use Your Data
We use your data to provide, improve, and personalize the Film-hook experience:
- Platform Features: To connect you with other professionals, showcase portfolios, and manage projects.
- Communication: To send notifications, updates, and support-related messages.
- Content Personalization: To recommend connections, projects, and content relevant to your interests.
- Security: To detect and prevent fraudulent or harmful activities.
- Analytics: To analyze trends and improve the platform’s functionality.
4. Sharing Your Data
We may share your information with:
- Other Users: Based on your profile settings, your portfolio and interactions may be visible to other users.
- Service Providers: Third-party vendors that help us operate, maintain, and market the app.
- Legal Requirements: Authorities, when required by law or to protect Film-Hook’s legal rights.
- Partners: With film industry-related businesses for networking opportunities (with your consent).
5. Data Security
We implement robust security measures to protect your data, including encryption, secure servers, and regular audits. However, no system is completely secure. We encourage you to use strong passwords and report suspicious activity.
6. Your Choices and Rights
You have the following rights regarding your data:
- Access: View the personal data we store about you.
- Correction: Update or correct inaccurate information.
- Deletion: Delete your account and associated data.
- Opt-Out: Manage your preferences for emails and notifications.
To exercise your rights, contact us at support@film-hookmediaapps.com
7. Cookies and Tracking Technologies
We use cookies and similar technologies to enhance your experience. You can control cookie settings through your browser. For more details, see our Cookie Policy.
8. Changes to This Policy
We may update this policy from time to time. Any changes will be communicated through the app or via email. Your continued use of Film-Hook Apps after updates constitutes acceptance of the revised policy.
9. Contact Us
If you have any questions or concerns about this policy, reach out to us:
Email: support@film-hookmediaapps.com
1. Key Considerations for Liability Limitations
- Scope of Services: Film-hook Apps provides Social Media networking, sharing post, collaboration job opportunities, etc.
- Content Ownership: Clarify that users own their content, and the platform isn't liable for disputes over intellectual property.
- Third-Party Interactions: Highlight that the platform isn’t responsible for any issues arising from connections or transactions between users.
- Data Security: Include disclaimers about breaches while ensuring you comply with data protection laws.
- Losses & Damages: Limit liability for indirect, consequential, or financial losses, especially related to professional opportunities or intellectual property misuse.
2. Drafting the Liability Limitations Clause
Example Clause: Liability Limitations
- No Guarantee of Service
Film-Hook (the "App") is provided on an "as-is" and "as-available" basis. While we strive to maintain uninterrupted access, we do not guarantee that the App will be free of errors, bugs, or downtime.
- User-Generated Content
All content uploaded, shared, or posted by users remains their sole responsibility. Film-Hook does verify for Industry users, but doesn’t to Public users or user-submitted content and is not liable for intellectual property disputes, copyright infringements, or defamatory material shared on the platform.
- Third-Party Interactions
Film-Hook facilitates networking between users but does not mediate disputes or verify claims made by users. Any agreements, contracts, or collaborations made through the App are between the users, and Film-Hook is not liable for breaches or damages arising from such interactions.
- Limitation of Liability
To the fullest extent permitted by law, Film-Hook, its affiliates, and its employees will not be liable for:
- Loss of profits, business opportunities, goodwill, or reputation resulting from the use of the App.
- Unauthorized access to user data despite reasonable security measures.
- Any indirect, incidental, or consequential damages arising from the use or inability to use the App.
- Indemnification
Users agree to indemnify and hold Film-Hook harmless against any claims, damages, or legal actions resulting from their use of the platform, including but not limited to breaches of these Terms or violations of intellectual property rights.
- Applicable Laws and Jurisdiction
This limitation of liability is governed by Section 79, and any disputes will be resolved exclusively in the courts of jurisdiction.
3. When using Film-Hook, you must provide accurate information and follow all laws. Do not infringe on anyone's rights.
4. You are responsible for the content you share.
5. Do not post inappropriate content, such as hate speech, nudity, or violence.
6. Use Lists and Bullet Points may not:
- Upload content that violates copyrights.
- Harass or threaten other users.
- Share misleading or false information.
Your account may be suspended if you post harmful content, such as threats or hate speech. We will notify you via email before taking action.
7. FAQ’s and Summaries:
What happens if I break the rules?
Your account might be temporarily blocked or permanently removed. You will be notified before we take action.
8. Clear and Concise Clauses:
· Content Ownership Clause
You own the content you post on Film-Hook. By posting, you give us permission to use your content to promote our platform. We will not sell your content without your permission.
· Privacy Clause
We collect your personal information to improve your experience on Film-Hook. For details, see our Privacy Policy.
· Prohibited Activities
Do not post content that is illegal, harmful, or infringes on others' rights. Violating these rules can result in account suspension or removal.
9. Test for Clarity
- Have non-legal professionals read your terms and confirm they understand them.
- Use tools like Hemingway Editor to simplify complex sentences.
T&Cs align with Indian laws, specifically the Information Technology Act, 2000 (IT Act) and other applicable statutes.
Disclaimer
The content provided on Film-Hook Apps ("the App") is for informational social media and networking purposes only. The App is not responsible for the accuracy, reliability, or validity of any information, advice, or content shared by users. All opinions and views expressed by users are their own and do not represent those of the App or its team.
User-Generated Content
Film-Hook Apps allows users to upload, share, and post content, including but not limited to text, images, videos, and links. Users are solely responsible for the legality and originality of their content. The App does not verify or endorse user submissions and disclaims any liability for harm or disputes resulting from such content.
No Professional Advice
Any information shared on the App, including casting calls, industry advice, or technical tips, is not a substitute for professional guidance. Users are encouraged to seek advice from qualified professionals for specific matters.
Limitation of Liability
Film-Hook Apps is not liable for any direct, indirect, or consequential damages arising from the use of the App, including but not limited to data breaches, content misuse, or third-party actions.
Copyright and Intellectual Property
Users must ensure they hold the necessary rights to any content they upload. The App does not assume responsibility for copyright or intellectual property violations by users. If you believe your rights have been infringed, please contact us immediately.
Third-Party Links and Endorsements
The App may contain links to external websites or services. These links are provided for convenience only, and the App does not endorse or take responsibility for the content or practices of these third-party entities.
Privacy and Security
While we strive to protect user data, the App cannot guarantee absolute security. Users should exercise caution when sharing personal or sensitive information.
No Guarantee of Success
Participation in Film-Hook Apps does not guarantee career advancement, job offers, or collaboration opportunities within the media industry.
Compliance
By using the App, users agree to comply with applicable laws in their jurisdiction. Film-Hook Apps is operated under the laws of Information Technology Act, 2000 (IT Act) and other applicable statutes.
Changes to Disclaimer
Film-Hook Apps reserves the right to update this disclaimer at any time. Continued use of the App after updates signifies acceptance of the revised terms.
Contact Us
For questions or concerns regarding this disclaimer, please contact us at support@film-hookmediaapps.com
User Rights Agreement
1. Introduction
- Purpose: Film-Hook Apps connects Talented & professionals and enthusiasts in the media industry for networking, showcasing talent, and collaboration.
- Scope: This agreement governs user rights and outlines protections, responsibilities, and privileges for registered users.
2. User Rights
2.1 Access Rights
- Users have the right to:
- Access Film-Hook Apps premium features for Industry Users & Public Users.
- Navigate and use the platform for legitimate purposes like networking, collaboration, and sharing content.
- Customize their profiles, including uploading their worked experience into industry and profile picture, bio, and portfolio.
2.2 Content Rights
- Users retain ownership of the original content (photos, videos, scripts, etc.) they upload.
- Users have the right to:
- Share, edit, and delete their content at any time.
- Set privacy levels for their content (e.g., public, connections-only, private).
- Request detailed insights into how their content is being used or displayed on the platform.
- Film-Hook is granted a non-exclusive, worldwide license to display and distribute the content solely for platform-related purposes.
2.3 Privacy Rights
- Users have the right to:
- Control the visibility of their profile and personal information.
- Decide who can connect with them or view their posts.
- Access and download a copy of their data collected by Film-Hook.
- Opt out of targeted advertisements or data sharing (where applicable).
- Report or block abusive users.
- Film-Hook commits to secure storage and protection of user data, adhering to global privacy standards like GDPR or CCPA.
2.4 Intellectual Property Rights
- Users own intellectual property (IP) for their original work shared on the platform.
- Users can:
- Copyright their profession detail outside of Film-Hook.
- Take legal action against unauthorized use of their content by other users.
- Film-Hook will:
- Act promptly on copyright violation reports.
- Remove infringing content as necessary.
2.5 Support and Dispute Resolution Rights
- Users have the right to:
- Contact support for technical issues, feedback, or concerns.
- Appeal bans, account suspensions, or content removals.
- Seek resolution for disputes through mediation facilitated by Film-Hook.
3. User Responsibilities
- Users are expected to:
- Abide by the community guidelines and not post harmful, defamatory, or infringing content.
- Respect the rights of others on the platform, including IP and privacy rights.
- Provide accurate information for their profiles.
- Report inappropriate or illegal activity.
4. Content Moderation and Removal
- Film-Hook reserves the right to:
- Moderate and remove content that violates community standards.
- Suspend accounts that engage in prohibited activities, such as harassment or spamming.
- Users will receive notifications for content removal with reasons and can appeal decisions.
5. Data Usage and Transparency
- Users' data will be used only to enhance platform services, like personalized recommendations.
- Clear disclosure of:
- Data types collected (e.g., usage stats, uploads).
- Data-sharing policies with third parties.
- Rights to request data deletion.
6. Account Termination Rights
- Users can:
- Deactivate or permanently delete their accounts at any time.
- Request full deletion of their data from Film-Hook's systems.
- Film-Hook will:
- Notify users before terminating accounts for violations.
- Provide a grace period for appealing account suspensions.
7. Legal Rights
- Users have the right to:
- Seek legal recourse for platform-related grievances.
- Hold Film-Hook accountable for breaches of this agreement.
- Film-Hook will adhere to the laws of the jurisdictions in which it operates.
8. Updates to User Rights
- Users will be notified of any updates to this agreement.
- Continued use of the platform constitutes agreement to updated terms.
Obligations
1. User Experience and Accessibility
- Platform Availability: Ensure the app is accessible on major operating systems and devices, providing consistent performance across platforms.
- User Interface: Maintain a user-friendly interface that facilitates easy navigation and content discovery.
- Support Services: Provide prompt customer support via email, chat, or in-app help systems for resolving user issues.
2. Content Management
- Content Hosting: Host user-generated content (e.g., posts, videos, and portfolios) securely without unauthorized alterations.
- Content Moderation: Monitor and remove inappropriate, offensive, or illegal content based on clearly defined community guidelines.
- Copyright Compliance: Ensure users upload only content they own or have the legal right to share, and respond promptly to copyright infringement claims (DMCA compliance where ever applicable).
3. Data Protection and Privacy
- Data Security: Protect user data using industry-standard encryption and cybersecurity measures.
- Privacy Policies: Clearly outline how user data is collected, used, and shared, ensuring compliance with data protection regulations like GDPR, CCPA, etc.
- User Control: Enable users to manage their data, including options for account deletion, data download, and privacy settings.
4. Community Building
- Networking Features: Provide robust tools to help users connect, such as profile customization, chat features, and networking suggestions based on shared interests.
- Inclusivity: Promote an inclusive environment that accommodates diverse industry roles, from directors and writers to actors and crew members.
- Educational Resources: Offer resources such as tutorials, webinars, or industry news to enhance users' professional growth.
5. Transparency
- Clear Terms and Policies: Provide easily understandable terms of service and community guidelines.
- Feature Updates: Notify users of major app updates or changes to features well in advance.
- Payment Transparency: If the app involves in platform subscriptions or transaction fees, clearly outline the charges and payment terms.
6. Legal Compliance
- Industry Regulations: Comply with laws governing the entertainment and media industry, including talent representation, marketing, and licensing.
- Anti-Fraud Measures: Prevent fraudulent activities such as fake accounts, phishing attempts, and scam promotions.
- User Safety: Establish protocols to address harassment, abuse, and other safety concerns reported by users.
7. Collaboration Tools
- Project Management: Provide tools for creating, managing, and promoting media-related projects, including funding opportunities.
- Talent Showcase: Facilitate portfolio building for users to showcase their work to potential collaborators or employers.
- Event Integration: Support features for promoting and attending film festivals, screenings, or workshops.
8. Continuous Improvement
- User Feedback: Actively seek and integrate feedback to improve app features and functionality.
- Innovation: Stay ahead of trends in the media industry by introducing new tools and technologies.
- Bug Fixes: Ensure timely resolution of technical issues that disrupt user experience.
9. Ethical Obligations
- Promoting Creativity: Respect intellectual property rights and foster an environment that values originality.
- Non-Discrimination: Commit to equal opportunities and unbiased treatment of all users, regardless of their role or background.
- Social Responsibility: Engage in activities that contribute to the media industry, such as partnerships with educational institutions or sponsoring emerging talent.
1. Content Ownership and Intellectual Property (IP) Rights
- User Content: Clearly state that users retain ownership of the content they create (e.g., posts, videos, scripts) but grant the app a non-exclusive, royalty-free license to use, display, and distribute it within the platform for its intended functionality.
- Prohibited Content: Prohibit uploading content that infringes on third-party copyrights, trademarks, or other IP rights.
- Responsibility: Emphasize that users are responsible for ensuring their content does not violate any legal rights of third parties.
2. Limitation of Liability
- App’s Role: Clarify that the app serves as a platform for networking and content sharing but does not guarantee success, employment, or project funding in the media industry.
- Third-Party Disputes: State that the app is not liable for disputes between users, such as claims over stolen ideas or unpaid collaborations.
- Damages: Limit the app’s liability to the maximum extent permitted by law, excluding damages for data loss, reputation harm, or other indirect consequences of app usage.
3. Moderation and Removal of Content
- Right to Remove: Reserve the right to remove content that violates the terms or is flagged as inappropriate, without prior notice.
- No Guarantee of Review: Specify that not all user-generated content will be reviewed, and the platform cannot guarantee proactive monitoring.
4. Privacy and Data Protection
- User Data: Limit liability for any unauthorized access to user data due to hacking or breaches, provided the app employs industry-standard security measures.
- Content Sharing: Highlight that any content shared publicly can be viewed and used by others, and users should not share sensitive or proprietary information they wish to keep private.
5. Professional Engagements
- No Endorsements: Disclose that the app does not endorse or verify the legitimacy of job postings, projects, or users.
- Transactions and Contracts: Recommend users enter separate contracts for collaborations and explicitly state that the app is not responsible for disputes arising from such engagements.
6. Prohibited Activities
- Misuse of Platform: Ban activities such as plagiarism, harassment, impersonation, spamming, or sharing defamatory content.
- Idea Submission: Include a clause stating that unsolicited ideas, scripts, or projects submitted directly to the app’s management or developers will not be considered or reviewed.
7. Dispute Resolution
- Arbitration Clause: Mandate that disputes arising from app usage must be resolved through binding arbitration rather than through court proceedings, to avoid prolonged litigation.
- Jurisdiction and Governing Law: All disputes will be governed by the laws of Information Technology Act,
2000 (IT Act) and other applicable statutes.
8. Disclaimer of Warranties
- Platform Reliability: State that the app is provided on an "as-is" and "as-available" basis, with no guarantees of uptime, accuracy, or functionality.
- No Guarantees: Clarify that the app makes no warranties about the outcomes of interactions, collaborations, or opportunities facilitated on the platform.
9. Termination of Access
- Violation of Terms: Reserve the right to suspend or terminate a user’s account if they violate the app’s policies or engage in illegal activity.
- No Refunds: If the app offers paid features or subscriptions, include a clause stating no refunds will be provided for terminations due to violations.
10. Indemnity Clause
- Require users to indemnify and hold the app harmless from any claims, damages, or costs resulting from their use of the platform, including legal fees incurred due to disputes or violations.
11. Age Restrictions
- Set a minimum age requirement (e.g., 13 or 18, depending on jurisdiction) for using the platform to ensure compliance with child protection laws.
12. Reporting Mechanism
- Provide a clear process for reporting IP violations, harassment, or illegal activity and outline how such reports will be handled.
13. Amendments to Terms
- Reserve the right to update the Terms of Use periodically, with prior notice to users, and require their continued agreement to maintain access.
2. Relevant Legal Sections
Here are some important legal references from Indian laws we incorporate:
a. Compliance with IT Act, 2000
The IT Act regulates online activities in India, including app-based platforms.
- Section 43A (Data Protection):
We comply with Section 43A of the IT Act, 2000, which mandates the protection of sensitive personal data of users. Please refer to our Privacy Policy for details.
- Section 79 (Intermediary Liability):
In accordance with Section 79 of the IT Act, Film-Hook is an intermediary and is not liable for user-generated content. We implement strict content moderation to adhere to legal standards.
b. Privacy and Data Protection
- Mention compliance with the Personal Data Protection Bill (once it is enacted as a law) or the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
c. Copyright and Intellectual Property
- All content on Film-Hook, including trademarks and copyrights, is protected under the Copyright Act, 1957. Unauthorized reproduction or distribution is prohibited.
d. Consumer Protection Act, 2019
- Users are entitled to remedies under the Consumer Protection Act, 2019, for any service deficiencies or grievances. Please contact our support team for dispute resolution.
e. Indian Penal Code (IPC)
- Users engaging in unlawful activities, such as uploading defamatory or obscene content (under Sections 499 and 292 of the IPC), may face suspension of accounts and legal action.
f. Payment and Refund Policies
- Transactions conducted on Film-Hook are governed by the Indian Contract Act, 1872. Refunds, if applicable, will be processed as per our refund policy.
3. Clause for Legal Compliance
By using the Film-Hook App, you agree to abide by all applicable laws of India, including but not limited to:
· The Information Technology Act, 2000, and related Rules.
· The Consumer Protection Act, 2019, for any grievances or claims.
· The Copyright Act, 1957, for respecting intellectual property.
· The Indian Contract Act, 1872, for payment and service-related agreements.
· Users found in violation of these laws will be subject to legal action, including termination of access to the platform.