WELCOME TO Homer.Video
By using the Website and availing the Services, this Agreement will automatically apply to you, so therefore you should make sure that you have read them carefully before using this Website and availing the Services.
Certain features of our Website and/or the Services may be subject to additional guidelines, terms or rules, which will be posted on our Website and are incorporated by reference into this Agreement.
Any reference to the term Client(s) shall mean and refer to clients/persons/companies looking for agencies on our Website for the Clients’ video-making assignment/project requirement.
Any reference to the term Services shall mean and refer to the services offered by Homer.Video to its Clients including accessing the database of agencies, searching and looking for agencies and creation of portfolios of the agencies. Please note this is not an exhaustive list of services provided by Homer.Video, for more information on the Services offered, kindly visit the Website.
BY CLICKING "I AGREE", YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING THOSE INCORPORATED BY REFERENCE, WITHOUT MODIFICATION, LIMITATION OR QUALIFICATION. YOU WILL BE BINDING YOURSELF TO THIS AGREEMENT. YOU MAY NOT CLICK THE "ACCEPT" BUTTON IF YOU DO NOT AGREE WITH THIS AGREEMENT.
IF YOU DO NOT CLICK THE “ACCEPT” BUTTON, YOU WILL NOT BE AUTHORIZED TO ACCESS OR USE THE WEBSITE AND/OR THE SERVICES AVAILABLE THROUGH OUR WEBSITE.
In consideration of the mutual promises and obligations set out below, the sufficiency of which the parties acknowledge, you and we acknowledge and agree as follows:
ARTICLE 1: USER ACCOUNT AND REGISTRATION TERMS.
Registering with us is a free service and so you may sign up for a personal user account (“User Account”). You shall not select or use as username, a name: (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you without appropriate authorization; or (c) that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of the username and password, and you are fully responsible for all activities that occur through your User Account.
You agree to:
Immediately notify us of any unauthorized use of your User Account or any other breach of security;
Promptly update the User Account information to keep it true, accurate, and complete;
Immediately change or alter your user name and/or password, if we believe that your User Account is no longer secure or affects a third party's rights;
Ensure that you exit from your User Account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate or block your access to our Website and/or the Services and your User Account with us.
ARTICLE 2: WRITER WARRANTIES AND UNDERTAKINGS.
By using the Website and/or the Services, the Agency warrants and undertakes the following conditions:
- all registration information you submit are true, complete, current and accurate, and that you shall maintain the accuracy of such information;
- you shall keep your password confidential and will be responsible for all use of your password and your account;
- your use of the Website and/or the Services does not violate any applicable law in India or laws of any other country;
- you shall use real names with all your work;
- disclose all potential conflicts of interest to the Client;
- pursue all avenues of inquiry to report and write with fairness and honesty;
- give credit and point to sources, attributing every assertion, quote, fact, and opinion, with full names, titles, and links;
- if a source wishes not to be named, explain this explicitly and discuss the ramifications of unnamed sources with the Client;
- keep promises to Clients and sources, and protect confidential sources;
- always produce original work, never plagiarizing others, never repurposing old stories for new clients, and never cutting corners in any fashion;
- deliver submissions on time and in accordance with the specifications of the Client;
- you shall not (and shall not permit any third party to) either
- (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information;
- uses information about users for any reason without the express prior consent of the user that has provided such information to the Agency;
- impersonates any person or entity, including any of Homer.Video’s employees or representatives; and
- includes anyone’s identification documents or sensitive financial information.
The Agency shall fully indemnify and hold Homer.Video harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party's failure to comply with the provisions of this section.
ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS.
As between you and us, all of the content included in and as a part of the Website and/or Services including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics ("Content"), including all trademarks, service marks, and logos contained therein ("Marks"), including all know-how, trade secrets, inventions, goodwill and other intellectual property rights included in and as a part of our Website and/or the Services ("IP") is the property of, owned by or is licensed to us, and are subject to copyright and other intellectual property rights under laws of India and foreign laws and international conventions(as applicable). We reserve all rights in and to our Website, Services, Content, IP and Marks. However, the articles/write-ups/stories uploaded by the Agency shall not form part of the Content.
ARTICLE 4 : LICENSE.
Subject your agreement to, compliance with, and except as otherwise prohibited by, this Agreement, Homer.Video hereby grants the Agency a non-exclusive, non-transferable, non-sub licensable, revocable, non-assignable and personal license to access and use Homer.Video’s online platform whereby the Agency can offer professional services to Clients, including but not limited to writing, drafting, editing, research, translation, composition and/or creation of graphic and/or other visual arts, and/or audiovisual recordings of any kind, and whereby the Clients can, in their sole discretion, purchase such content and all intellectual property rights therein. Except for the limited rights and licenses expressly granted to the Agency herein, no other license is granted, no other use is permitted and Homer.Video (and its licensors) shall retain all rights, and interests (including all intellectual property and proprietary rights) in and to the Website and the Services. The license granted hereby does not include any resale or commercial use of the Website, the Services, Content, Marks and/or IP. If you download or print a copy of our Content for personal use in accordance with the limited license granted herein, you must retain all copyright notices and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of our Website or features that prevent or restrict use or copying of any of our Content, Marks and/or IP or enforce limitations on use thereof.
ARTICLE 5: CONFIDENTIALITY.
The Agency agrees that the business, technical and financial information of Homer.Video or any Client(s), that is designated in writing as confidential, or is disclosed in a manner that a reasonable person would understand the confidentiality of the information disclosed, shall be the confidential property of Homer.Video or the Clients(s) as the case may be (“Confidential Information”). The Agency shall hold in confidence and not disclose any Confidential Information and shall similarly bind its employees, consultants, and independent contractors and shall use the Confidential Information only for the purpose for which it was disclosed.
ARTICLE 6: PROHIBITED ACTIVITIES.
You may not access or use our Website and/or the Services for any other purpose other than as stated under this Agreement. Additionally, the following uses and activities of and with respect to us, including our Website and/or the Services, are prohibited:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets or other intellectual property rights;
- advertising to, or solicitation of, to buy or sell any products or services, unless authorized by us;
- systematic retrieval of data or other content from our Website and/or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
- engaging in unauthorized framing of or linking to the Website and/or the Services;
- transmitting chain letters or junk email;
- using any information obtained from our Website and/or the Services in order to contact, advertise to, solicit, or sell to any user;
- engaging in any automated use of our Website and/or the Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- use any automatic device, program, or methodology including but not limited to "deep-link", "page-scrape", "robot", "spider" or other such means, or any similar manual process, to access, acquire or copy any portion of our Website;
- interfering with, disrupting, or creating an undue burden/load on our Website and/or the Services or the networks or services connected or linked thereto;
- attempting to impersonate another user or person;
- using the username of another user;
- selling or otherwise transferring your profile;
- using our Website and/or the Services as part of any effort to compete with us or to provide services as a service bureau;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of our Website and/or the Services;
- attempting to bypass any measures of our Website and/or the Services designed to prevent or restrict access to our Website and/or the Services, or any portion of our Website and/or the Services;
- harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of our services;
- refer to any website or URL that contains material that is inappropriate according to us;
- displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through our Website and/or the Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
- deleting the copyright or other proprietary rights notice or any portion of our Website and/or the Services (including any content therein and thereof);
- use our Website and/or the Services or any content for any purpose that is unlawful or prohibited by this Agreement or applicable laws;
- violate any of the terms and conditions of this Agreement or any other terms and conditions contained elsewhere within our Website and/or the Services; and
- copy any content, for republication in print or online.
ARTICLE 7: WEBSITE MANAGEMENT.
We reserve the right, but do not have the obligation, to:
- monitor our Website and the Services and your use thereto for violations of terms of this Agreement;
- take appropriate legal action against anyone who, in our sole and absolute discretion, violates the terms of this Agreement, including without limitation, reporting such person to law enforcement authorities;
- in our sole and absolute discretion, remove from our Website and/or the Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to our Website; and
- otherwise manage our Website in a manner designed to protect our rights and property and to facilitate the proper functioning of our Website and/or the Services.
ARTICLE 8: DISCLAIMERS.
OUR WEBSITE AND THE SERVICES AND ALL OTHER INFORMATION AND CONTENT IN RESPECT OF OUR WEBSITE AND THE SERVICES AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON "AS-IS, WHERE-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVE AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE' AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND THE SERVICES, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE AND THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH OUR WEBSITE AND THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
ARTICLE 9: LIMITATIONS OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OUR WEBSITE AND THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL AND INTEGRAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT WITHOUT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY PROVISIONS, WE WOULD NOT HAVE PROVIDED YOU ACCESS TO THE WEBSITE AND THE SERVICES.
ARTICLE 10: INDEMNITY.
- You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and their respective directors, officers, employees, Service Providers, representatives and agents (collectively, the "Indemnities") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of and in relation to this Agreement; your use of our Website and/or the Services, including, without limitation your use in violation of this Agreement and/or applicable laws; and/or arising from a breach of this Agreement; and/or any breach of your obligations, representations, warranties, or covenants set forth in this Agreement; and/or arising from your consignment/parcels.
- Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter/dispute for which you are required to indemnify an Indemnitee, and you agree to cooperate, at your expense, with our defense of such claims/disputes. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification provision upon becoming aware of it.
SECTION 11: COMMUNICATIONS AND NOTICES.
- Except as explicitly stated otherwise, any notices to be given to us shall be given by email to [email protected] or such other email address as we may specify from time to time.
- Any notices to be given to you shall be given to the email address you provided during the registration process or such other address as you may specify. Notice shall be deemed to be given 24 hours after the email is sent.
- For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement as if it were in hardcopy writing.
- We may also choose to send notices by registered mail.
- We may communicate with you by SMS, telephone, mobile or by such other mode of communication, electronic, digital, mechanical, analogue or otherwise.
- Your use of our Website and/or the Services entitles you to receive periodic communication regarding our or third parties' products and/or services through email, SMS, telephone or by such other mode of communication, electronic, digital, mechanical, analogue or otherwise. You must not complain or take any action in law in case you get messages or emails from us or a third party. If you wish to not receive periodic informational communication from us or such third party, you can unsubscribe to the communication through your account settings.
ARTICLE 12: TERMINATION.
- This Agreement shall remain in full force and effect while you use our Website and/or the Services. You may terminate your use or participation at any time, for any reason, by ceasing to use our Website and/or the Services and notifying us.
- WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR WEBSITE AND/OR THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR WEBSITE AND/OR THE SERVICES, DELETE YOUR USER PROFILE AND ANY CONTENT, CONTRIBUTION OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE AND ABSOLUTE DISCRETION.
- Upon such termination or discontinuance of this Agreement, your right to access and use our Website and/or the Services will terminate immediately. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination.
- Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
ARTICLE 13: GOVERNING LAW AND JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the India. The Agency agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the Courts in Mumbai, India.
ARTICLE 14: MODIFICATIONS.
Homer.Video reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Website and/or the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending Agency a notice through the Services, via e-mail or by another appropriate means of electronic communication. Homer.Video may also impose limits on certain features and services or restrict Agency’s access to parts or all of the Services without notice or liability. The Agency’s continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.
ARTICLE 15: ENTIRE AGREEMENT.
This Agreement is the entire agreement between Agency and Homer.Video with respect to the Services, including use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Agency and Homer.Video with respect to the Services.
ARTICLE 16: FORCE MAJEURE.
Homer.Video shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
ARTICLE 17: ASSIGNMENT.
This Agreement is personal to the Agency, and is not assignable, transferable or sub-licensable except with Homer.Video’s prior written consent. Homer.Video may assign, transfer or delegate any of Homer.Video’s rights and obligations hereunder without consent.
ARTICLE 18: PUBLICITY.
Homer.Video shall retain the right to use, publish and otherwise disseminate the Agency’s name, byline, logo, and likeness in Homer.Video’s marketing material and on the Website, for promotional purposes and for any other lawful purpose. The Agency hereby expressly acknowledges and agrees that Homer.Video shall have no obligation to use, publish or otherwise disseminate Agency’s name, byline, logo, or likeness, by any means and for any purpose whatsoever.
ARTICLE 19: NO AGENCY.
It is the express intention of the parties to this Agreement that the the Agency is an independent contractor, and is not an employee, agent, joint venturer or partner of Homer.Video. Nothing in this Agreement shall be interpreted or construed as creating or establishing an employment relationship between Homer.Video and the Agency. Without limiting the foregoing, the Agency is not, and shall not be treated as, an employee of Homer.Video any tax purposes, state tax purposes, state or federal unemployment insurance purposes, or for any other purpose. The Agency shall be responsible for the reporting, deposit and payment of any and all federal, state, and local taxes, including but not limited to income taxes, FICA taxes, and unemployment taxes incidental to the performance of this Agreement. The Agency acknowledges and agrees that the Agency is not entitled to any employee benefits from Homer.Video.
ARTICLE 20: NO WAIVER.
Homer.Video’s failure to enforce any part of this Agreement shall not constitute a waiver of Homer.Video’s right to later enforce that or any other part of this Agreement.
ARTICLE 21:THIRD PARTY BENEFICIARIES.
The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties hereto and their successors and permitted assigns. Nothing herein, whether express or implied, shall confer upon any person or entity, other than the parties hereto, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement. Notwithstanding the foregoing, all of Homer.Video’s Clients are intended to be third party beneficiaries of this Agreement and to have the right to enforce such rights directly against Agency.
The Article and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.