Date of Formulation: December 30th, 2015
Effective: December 30th, 2015
These Statement and Terms are written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
This Statement of Rights and Responsibilities is our terms of service that governs our relationship with users and others who interact/subscribe on Actingkeeda.com. These terms of services govern the access to and use of our services, as well as how Actingkeeda.com collects, uses and shares your information including on our various websites, SMS, API’s, email notifications, applications ads, buttons, commerce services etc., and any information, text, graphic, photos or other materials uploaded, downloaded or appearing on the website (collectively referred to as “content”) by its users/subscribers. Your access to and use of our services are conditioned on your acceptance of and compliance with these terms, as amended from time to time. By accessing or using our services, you agree to be bound by these terms and consent to the collection of transfer, storage, disclosure and use of your information.
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Actingkeeda.com to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
You understand that through you use of Actingkeeda.com, you consent to the collection and use of this information, including storage, processing and use of the same by Actingkeeda.com and/or Schon Communications Pvt. Ltd.
The services that Actingkeeda.com provides are always evolving and the form and nature of the services that Actingkeeda.com provides may change from time to time without prior notice to you. In addition, Actingkeeda.com may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
When you create or reconfigure an account, you shall provide some personal information, such as your name/company name, gender, date of birth, nationality, address, contact details (landline/mobile phone number), languages known, profile picture, e-mail address and password, the category for which you wish to subscribe and a short biography. You may use your contact information, such as your email address or phone number, to customize your account or enable services, for example, for login verification, SMS, etc.. When you provide Actingkeeda.com with your phone number, you agree to receive text messages to that number from Actingkeeda.com. We may use your contact information to send you information about our services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your account, including through third-party services and client applications. You may also provide us with profile information to make public on Actingkeeda.com, such as your experience(s), achievement(s), talent(s), your location, your website, page(s), photograph(s), video(s), sound clip(s) etc.. When you share information or content like photos, videos, and links on Actingkeeda.com, you should think carefully about what you are making public.
You own all of the content and information you post on Actingkeeda.com. For contents that are covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings; you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Actingkeeda.com (IP License). This IP License ends when you delete your IP content or your account unless your such content has been shared with or used by others/third party, and the use/posting/sharing of the same by the other user/third party has not been removed/deleted. When you delete the IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Actingkeeda.com, to access and use that information, and to associate it with you (i.e., your name and profile picture). We always appreciate your feedback or other suggestions about Actingkeeda.com, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
You are responsible for your use of the Actingkeeda.com, for any content you post on Actingkeeda.com, and for any consequences thereof. Most content(s) you submit, post, or display through Actingkeed.com is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide content that you are comfortable sharing with others under these Terms.
As part of providing you the services, we may need to provide you with certain communications, such as notifications, announcements, messages etc.. These communications are considered part of services, which you may not be able to opt-out from receiving.
You agree that your consent to accept these Statement and Terms includes the right to Actingkeeda.com to provide, promote, and improve their services and to make the content submitted, as an aggregator, to or through the services available to other users, including companies, organizations or individuals who may use the same for media related productions, Above the line promotions, Below the line promotions and/or Digital promotions on other media, subject to our terms and conditions for such content use. Such additional use by Actingkeeda.com or other companies, organizations or individuals who partner with Actingkeeda.com, may be made with no compensation paid to you with respect to content that you post, submit, transmit or otherwise make available on Actingkeeda.com.
You also agree that the content and/or information uploaded by you may also be used by Actingkeeda.com for promotion of the website or of the user, with no compensation to you, on the website or any other media platform.
Actingkeeda.com offers neither any guarantee nor any warranty that there would be a satisfactory response or any response at all once the content or information/data is posted or uploaded by you.
You are responsible for safeguarding the password that you use to access Actingkeeda.com and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Actingkeeda.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
We do our best to keep Actingkeeda.com safe, but we cannot guarantee it. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who posted or uploaded such content. We may not monitor or control or be able to monitor or control the Content posted on Actingkeeda.com and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted on Actingkeeda.com or obtained by you through Actinngkeeda.com is at your own risk.
The site is a public site with free access and we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on Actingkeeda.com or endorses any opinions expressed thereon. You understand that by using the services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Actingkeeda.com or Schon Communications Pvt. Ltd. be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on Actingkeeda.com or broadcast elsewhere. The user/individual/company would have to conduct its own background checks on the bonafide nature of all response(s).
We need your help to keep Actingkeeda.com safe, which includes the following commitments by you:
a. You will not post unauthorized commercial communications (such as spam) on Actingkeeda.com.
b. You will not collect users' content or information, or otherwise access Actingkeeda.com, using automated means (such as harvesting bots, robots,
spiders, or scrapers) without our prior permission.
c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Actingkeeda.com.
d. You will not upload viruses or other malicious code.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not bully, intimidate, or harass any user.
g. You will not post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; is a racially or
ethnically objectionable statement; is defamatory, misleading, obscene, harmful, scandalous/ libellous; or otherwise illegal or unlawful in any manner whatsoever.
h. You shall not impersonate another person; or post content that threatens the unity or integrity of India; or it’s relations with other foreign states.
i. You will not do anything that could disable, overburden, or impair the proper working and/or functionality or appearance of Actingkeeda.com.
j. You will not facilitate or encourage any violations of this statement or our policies.
Actingkeeda.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
a. You will not provide any false personal information on Actingkeeda.com, or create an account for anyone other than yourself (except in case of a minor child)
b. You will not create more than one personal account.
c. If we disable your account, you will not create another one without our permission
d. You shall not be able to use Actingkeeda.com if you are a minor. However, the parent/guardian of a minor child
may create/upload a profile/details of the minor child, but, the same shall be first verified by means of a OTP sent to the mobile of the parent/guardian of such minor child
and only the parent/guardian of such minor child shall be permitted to maintain and use the profile of such minor child, at their own risk, responsibility and consequences. Once the OTP sent to mobile number of the
parent/guardian of such minor child is verified, it shall be assumed that the said verification has been done by the parent/guardian of such minor child.
Any wrong information uploaded on Actingkeeda.com shall not be the responsibility of Actingkeeda.com or Schon Communications Pvt. Ltd.
Actingkeeda.com shall not be responsible for any use or misuse of the content or the information of the minor child, uploaded/shared on Actingkeeda.com.
e. You will not use Actingkeeda.com if you are a convicted sex offender.
f. You will keep your contact information accurate and up-to-date.
g. You will not share your username and/or password, and/or let anyone else access your account, or do anything else that might jeopardize the security of
h. You will not transfer your account to anyone without first getting our written permission.
i. You may use Actingkeeda.com only if you can form a binding contract with Actingkeeda.com or Schon Communications Pvt. Ltd. and are not a person barred from receiving the services under the laws of India or other applicable jurisdiction.
We respect other people's rights, and expect you to do the same.
a. You will not post content or take any action on Actingkeeda.com that infringes or violates someone else's rights or otherwise violates the law.
b. We can remove any content or information you post on Actingkeeda.com if we believe that it violates this Statement or our policies.
c. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
d. You will not use our copyrights or Trademarks or any confusingly similar marks. Nothing in these Terms gives you a right to use the name of Actingkeeda.com
or any of the trademarks, logos, domain names, and other distinctive features of Actingkeeda.com or Schon Communications Pvt. Ltd.
e. If you collect information from users, you will, obtain their consent, and shall make it clear you (and not Actingkeeda.com) are the one collecting their information,
f. You will not post anyone's identification documents or sensitive financial information on Actingkeeda.com.
g. You will not tag users or send email invitations to non-users without their consent.
h. Actingkeeda.com and/or Schon Communications Pvt. Ltd. shall share all such information that it has in its possession in response to legal process, such as a court order or subpoena.
i. You may use Actingkeeda.com only if you can form a binding contract with Actingkeeda.com or Schon Communications Pvt. Ltd. and are not a person barred from receiving the services under the laws of India or other applicable jurisdiction.
You shall not infringe on any intellectual property rights of any person/entity or retain information/ download any information from any computer system or otherwise with an intention to do so.
Actingkeeda.com respects the intellectual property rights of others and expects users of Actingkeeda.com to do the same. We will respond to your notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We also reserve the right to remove the content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Actingkeeda.com will also terminate a user’s account if the user is determined to be a repeat infringer.
a. We currently provide our text messaging and e-mail services for free, but please be aware that your carrier's normal rates and fees, such as text messaging
and data charges, will still apply.
b. In the event you change your mobile telephone number, you will update your account information on Actingkeeda.com as soon as possible to ensure that
the messages intended to be sent to you are not sent to the person who acquires your old number.
Actingkeeda.com shall not be responsible for any message being sent to your old number, if your new number is not updated by you.
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
You give us permission to use your name, profile picture, content, video etc. and other information in connection with commercial, sponsored, or related content. This means, for example, that you permit a business or other entity to display your name and/or profile picture with your content or information, without any compensation to you.
a. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may
download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
b. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so
under an open source license, or we give you express written permission.
Actingkeeda.com reserves its right to amend/alter/modify/revise all or any of the Statements, Terms, Policies and/or Disclaimers at any time without any prior notice. We may revise and/or amend these Statement and Terms from time to time, and the most current version will always be at Actingkeeda.com. By continuing to access or use the services after those revisions become effective, you agree to be bound by the revised Statement and Terms, policies or guidelines.
These Statement and Terms will continue to apply until terminated by either you or Actingkeeda.com as follows.
You may end your agreement with Actingkeeda.com at any time for any or no reason by deleting your accounts and discontinuing your use of the services. You do not need to specifically inform Actingkeeda.com when you stop using the services. If you stop using the services without deleting your accounts, your accounts may be deleted by Actingkeeda.com due to prolonged inactivity.
If you violate the letter or spirit of this Statement or the Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Actingkeeda.com to you. You may be notified about the same the next time you attempt to access your account. You may also delete your account application at any time.
You will resolve any claim, cause of action or dispute, you have with us arising out of or in relating to this Statement or the Terms of Actingkeeda.com exclusively in the Courts situated in New Delhi, India, and you agree to submit to the jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of India, as may be applicable for the time being in force, will govern this Statement and the Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
Further, if anyone brings a claim against us related to your actions, content or information posted or uploaded on Actingkeeda.com, you will indemnify and hold us harmless from and against all kind of damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Actingkeeda.com and are not responsible for the content or information users transmit or share on Actingkeeda.com. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Actingkeeda.com. We are not responsible for the conduct, whether online or offline, of any user of Actingkeeda.com.
We try to keep Actingkeeda.com up, bug-free, and safe, but you use it at your own risk. We are providing actingkeeda.com on “AS IS” and “AS AVAILABLE” basis without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement or whether the services meet your requirements. We do not guarantee that Actingkeeda.com will always be safe, secure or error-free or that Actingkeeda.com will always function without disruptions, delays or imperfections. Actingkeeda.com is not responsible for the actions, content, information, defamatory or offensive, or data of third parties, or misuse or unauthorized access, use or alteration of your content by any person whosoever, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or terms of actingkeeda.com, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of these Statement or Terms of Actingkeeda.com shall not exceed the greater the amount that you have paid us in the past one month for the services provided by us. No advice or information, whether oral or written, obtained from Actingkeeda.com or through it’s services, will create any warranty or representation not made herein.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Actingkeeda.com outside India:
a. You consent to having your personal data transferred to and processed in India.
b. If you are located in a country embargoed by India you will not engage in commercial activities on Actingkeeda.com (such as advertising or payments).
You will not use Actingkeeda.com if you are prohibited from receiving products, services, or software originating from India.
a. By “Actingkeeda.com” or “Actingkeeda.com Services” we mean the features and services we make available, including through
(a) our website at www.Actingkeeda.com and any other Actingkeeda.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed.
b. By "Platform" and/or “Portal”, we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Actingkeeda.com or provide data to us.
c. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact on Actingkeeda.com.
d. By "content" we mean anything you or other users post, provide, upload or share using Actingkeeda.com.
e. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Actingkeeda.com or provide to Actingkeeda.com through Platform.
f. By "post" we mean post on Actingkeeda.com or otherwise made available by using Actingkeeda.com.
g. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works.
h. By “Trademarks” we mean the list of trademarks provided here.
a. Actingkeeda.com is owned by Schon Communications Pvt. Ltd., a company registered under the Companies Act, 1956 and having its Registered Office at A-10,
D.D.A. Sheds, Okhla Industrial Area, Phase-I, New Delhi 110020. Actingkeeda.com, Schon Communications Pvt. Ltd. and SCPL are used interchangeably and are synonymous.
b. If you are a resident of or have your principal place of business in India, this Statement is an agreement between you and Actingkeeda.com
or Schon Communications Pvt. Ltd. References to “us,” “we,” and “our” mean either Actingkeeda.com or Schon Communications Pvt. Ltd., as appropriate.
c. This Statement makes up the entire agreement between the parties regarding Actingkeeda.com, and supersedes any prior agreements.
d. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
e. If we fail to enforce any of this Statement, it will not be considered a waiver.
f. Any amendment to or waiver of this Statement must be made in writing and signed by us.
g. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
h. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. In the event that Actingkeeda.com or Schon Communications Pvt. Ltd. is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be assigned or transferred as part of that transaction. These Statement and Terms will apply to your information as transferred to the new entity. We may also disclose information about you to our corporate affiliates in order to help provide, understand, and improve our services and our affiliates’ services.
i. Nothing in this Statement shall prevent us from complying with the law.
j. These Statement and Terms do not confer any third party beneficiary rights.
k. We reserve all rights not expressly granted to you.
l. You will comply with all applicable laws when using or accessing Actingkeeda.com. The User/Subscriber/Visitor to Actingkeeda.com and/or its affiliated websites
does hereby specifically agree that he/she shall, at all times, comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder as well as all the other applicable laws including contractual laws, labour laws, etc. for the time being in force, while assessing or feeding any resume/ insertion or information/data into the computers, computer systems or computer network of Actingkeeda.com. The said User/ subscriber/ visitor to Actingkeeda.com and/or its affiliated websites does further unequivocally declare that in case he violates any provisions of the Information Technology Act, 2000 and/or rules, regulations, guidelines, byelaws and notifications made thereunder, or any other applicable laws for the time being in force, he shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
m. All changes/modifications made by the user/subscriber to the data/information shall be affected and will come into operation within a minimum period of 48
working hours of such changes/modifications being made.