- Introduction and Overview.
The Foundry(“TF”) owns this site (the “TF Website”) for your non-commercial, information, education and communication. You acknowledge use of the TF Website for any other purpose is strictly prohibited. At all times, access and use of the TF Website is restricted to only lawful purposes. These Terms of Use apply to and govern your use of the TF Website. Your use of the TF Website signifies your agreement to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, remove or otherwise update these Terms of Use at any time. TF reserves the right at any time and from time to time to change, modify, discontinue, temporarily or permanently, the TF Website, or any part or portion thereof, with or without notice to you. These Terms of Use apply to and govern your use of the TF Website. Your use of the TF Website signifies your agreement to be bound by these Terms of Use Your continued use of this TF Website following the posting of such changes and/or modifications to these terms will mean you accept those change.
If you do not agree to these Terms of Use, please do not use the TF Website.
- PROHIBITED CONDUCT
You agree not to interfere with or interrupt or attempt to interfere with or attempt to interrupt the operation of the TF Website in any way through any means or device. You may not access or use, or attempt to access or use, the website to take any action that could harm us or any third party, interfere with the operation of the TF website, or use it in a manner that violates any laws.
Without limitation, you may not:
Use a software program to harvest content or information without our authorization, including engaging in spidering, “scraping,” or any other automated means to compile information; Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; Probe, scan, test the vulnerability of, or breach the security of any system or network; Engage in any other conduct that restricts or inhibits any person from using or enjoying the Website, or that, in our sole judgment, exposes anyone to liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
- TRADEMARKS, LOGOS, COPYRIGHTS & RESTRICTIONS
All materials contained in the TF Website are the copyrighted and otherwise protected property of TF and/or third-party licensors to the full extent permitted under the copyright laws of India and all international copyright laws. Trademarks, service marks, trade names, logos and/or domain names (including, but not limited to, the individual names of movies or other entertainment productions and providers associated herewith), where not the property of TF, are trademarks, service marks, trade names, logos and/or domain names of their respective owners (“Third Party Marks”). Nothing contained in these Terms of Use or the TF Website should be construed as granting, by implication, estoppel, or otherwise, any license to use any trademarks, service marks, trade names, logos and/or domain names (including, but not limited to, the individual names of movies or other entertainment productions and providers associated herewith) without the written permission of TF or the owner(s) of the Third Party Marks.
Copyrights, Intellectual Property Rights and all other rights of ownership in text, images, artwork, titles, ideas, plots and stories of Feature films, series, podcasts and animation projects featured throughout the Website, including the Catalogue pages, are owned by Foundry Enterprises Pvt. Ltd.
You may not copy, reproduce, perform, create derivative works from, republish, upload, edit, post, transmit or distribute in any way whatsoever, any material from this site (the “Materials”) without the prior written permission of TF. Modification of the materials or use of the materials for any other purpose by you shall constitute a violation of copyrights, intellectual property rights and other proprietary rights. Use of any such Material on any other website or other networked computer environment is strictly prohibited without the prior written consent of TF.
- LINKS TO THIRD PARTY CONTENT
The TF Website may contain links to third party web sites, and other parties may also reference, advertise or link to the TF Website (collectively, “Linked Sites”). TF does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. such Linked Sites or the content provided through such website. TF is not affiliated with these Linked Sites and is not responsible for their content. Visitors to these websites should refer to each site’s terms of use and privacy policy. The Linked Sites do not indicate any endorsement or approval by TF of any such Linked Site or any material contained on any such Linked Website. The links provided on the TF Website are for your convenience only and you access them at your own risk.
- SUBMISSIONS
Please be advised that WE DO NOT SOLICIT, NOR ARE WE ABLE TO ACCEPT, ANY creative ideas, opinions, techniques, images, sounds, videos, suggestions or materials or other content through or related to the Website (“User Submissions”). We hope you understand that our “no submissions” policy is to avoid the possibility of future misunderstandings about who came up with the idea for a story or idea.
In the event that you send your submission by email or through our Contact Us page, despite our no submissions policy, we will respond to your electronic User Submission deleting your submission without reviewing it. Furthermore, please be aware that in the event you submit a User Submission to us against our wishes: You grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Submissions and agree that by submitting a User Submission, you represent, on behalf of any submission participant or identifiable individual within the submission, that you have obtained their consent, or of their parent or legal guardian if the individual is under 18 years old, for us to enjoy all of the rights and privileges that you grant to us under these Terms. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your User Submission is not an admission of its novelty, priority, or originality. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your User Submission now or in the future.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of the website is at your own risk. The Website are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, virus, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Website or any third-party sites linked to or from the Website. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
In no event will we, or our directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Website, any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website or the data collected through the Website, even if one or more of them has been advised of the possibility of such damages or loss.
TF takes reasonable measures to protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information, if any, collected thru our website
- INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE WEBSITE AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
- WAIVER OF INJUNCTIVE RELIEF
You agree that you will not be permitted to obtain an injunction or other equitable relief of any kind, that may interfere with or prevent the development, use, or exploitation of any website, service, film, or intellectual property owned, licensed, used or controlled by The Foundry.
- TERMINATIONThese Terms of Use are effective from the date that you first access the TF Website or submit any information to TF via the TF Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use. TF may immediately terminate these Terms of Use, and/or your access to and use of the TF Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. TF may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use the TF Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the TF Website, whether made under the terms of these Terms of Use or otherwise. All disclaimers and all limitations of liability, and all TF’s rights of ownership, shall survive any termination or expiration of these Terms of Use.
- CHOICE OF LAW AND FORUM
You agree that your access to and use of the TF Website will be governed by and will be construed in accordance with the law of India without regard to principles of conflicts of laws. We make no representations that materials in this site are appropriate or available for use in other locations. If you chose to access this site from other locations, you do so at your own risk and you are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. You agree that any claim or dispute against us arising out of or relating to the Website must be resolved by arbitration located in Mumbai, unless agreed upon by all parties.
- MISCELLANEOUS
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Website.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Any heading, caption or paragraph title contained herein is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.