indian cinema heritage foundation

terms & conditions

Cinemaazi is a not-for-profit online resource on the Indian cinema. The main objective of the digital repository is to develop, preserve, document, archive and exhibit the rich history and heritage of Indian vintage cinema and its people for the benefit of the present and future generations. The exhibition and dissemination of informational and content is provided in multiple media formats through a high-end website, print, social media accounts (YouTube, Facebook, Instagram, Twitter and other social media platforms) and other mediums (collectively, the “Cinemaazi Platforms”).

The users and contributors are strictly bound by the terms and conditions of Indian Cinema Heritage Foundation and Cinemaazi Platforms as hereinafter mentioned. The users are also expected to strictly observe our intellectual property licensing policy, legal rights, obligations, limited liability policy and remedies.

The terms and conditions mentioned hereinafter, read with our vision statement, disclaimer and other terms, as may be revised from time to time (the “Terms & Conditions), shall constitute a legally binding agreement (the “Agreement”) between you (the “User”) and Indian Cinema Heritage Foundation in relation to your use of the content, intellectual property, data, assets, visuals, software, widgets, and other material/services provided by Indian Cinema Heritage Foundation on Cinemaazi Platforms, by act of registration on account on Cinemaazi website, accessing or using the content through Cinemaazi Platforms, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Cinemaazi Platforms. By registering an account on Cinemaazi website you represent and warrant that you have read and understood these Terms and Conditions and agree to abide by them.

You further warrant that you are an adult (18 years of age or more) or you are 12 years of age or more and have your legal guardian(s)’ permission to use the Platform.

Registration of Account

In order to access certain portions of the Cinemaazi website and/or the Cinemaazi Platforms, you may be required to first register for membership, and create and maintain an account with the Cinemaazi website and/or the other constituents of Cinemaazi Platforms.

In consideration of your use of the Cinemaazi website and/or the Cinemaazi Platforms, as the case may be, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account.

Indian Cinema Heritage Foundation may terminate your account, and/or prohibit you from using or accessing the Cinemaazi website and/or the Cinemaazi Platforms in its control for any reason, or no reason, at any time, at our sole discretion, with or without notice of any kind.

You may terminate your account at any time by deleting your account and thereafter by ceasing to use the Cinemaazi website.

Warranties and Liabilities

Any views or opinions, or other content shared and distributed on the Cinemaazi website and/or the Cinemaazi Platforms over which Indian Cinema Heritage Foundation has no editorial control, are solely those of the author specified and do not necessarily represent the views of Indian Cinema Heritage Foundation or Cinemaazi. Indian Cinema Heritage Foundation, Cinemaazi or the founders or employees or other consultants make no claims, and give no warranty that any information over which it has no editorial control will be accurate, complete or up-to-date.

Hyperlinks to other resources that are provided on the Cinemaazi Website or contained in the Cinemaazi Platform are for informational purposes only. We shall have no liability for third party content or websites or websites linking to or framing the Cinemaazi website and/or the Cinemaazi Platforms. If you decide to visit any third-party websites using links from the Cinemaazi website and/or the Cinemaazi Platforms, you do so at your own risk. The presence of such links does not constitute or imply any endorsement or approval of any of the content at the linked sites and Indian Cinema Heritage Foundation/Cinemaazi makes no representations regarding the content or accuracy of materials on such sites.

References to any products, services, or other information by trade name, trademark, or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Indian Cinema Heritage Foundation.

We do not endorse in anyway any advertisers/ contents of advertisers on our/third parties’, pages or other communication.

While due care is taken in making fact check and ascertain accuracy of information of the content written by in-house team of Indian Cinema Heritage Foundation, other than as expressly set out in these Terms and Conditions, Indian Cinema Heritage Foundation does not make any specific promises about the Cinemaazi website and Cinemaazi Platforms. For example, we don’t make any commitments about the content, their reliability, availability, or ability to meet your needs.

You accept that under no conditions or circumstances will we be liable in any manner whatsoever for any content, including but not limited to liability for copyright infringement, errors through amendment/omission of Content, or for any loss or damage sustained through the use of the content accessible in any manner whatsoever from the use of the Cinemaazi website and/or of Cinemaazi Platforms in whole or in part.

The Cinemaazi website and/or the Cinemaazi Platforms are offered by Indian Cinema Heritage Foundation on an "as is" and "as available" basis. You accept that we disclaim all warranties, express or implied, in the content and/or all and/or any part of the Cinemaazi website and/or the Cinemaazi Platforms to the fullest extent permitted by law.

It is possible that certain content may be found to be considered offensive, indecent, or objectionable by you or others. We ask that you use common proper judgment and exercise an open mind when using our services.

Indian Cinema Heritage Foundation will not be liable for any damages of any kind arising from the use of the Cinemaazi website and/or the Cinemaazi Platforms including but not limited to direct, indirect, incidental, punitive, and consequential damages, and you release us, our founders, office bearers, officers, employees, consultants and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have/might have. We do not accept any liability in respect of any content, made available on the Cinemaazi website and/or the Cinemaazi Platforms (or any part thereof) and the author will be personally liable for any damages or other liability arising out of such claims.

Any information, or other material, downloaded or otherwise obtained by you through the Cinemaazi website and/or the Cinemaazi Platforms is done at your own discretion and risk. You will be solely responsible for any damage or injury caused by any failure of performance, computer virus or other similar infection that could cause destruction to your computer system or loss of data or to any associated party.

Spiders, Bots and Scripts

You are prohibited from collecting or attempt to collect any content, including, without limitation, any media, content, information, data, and/or images, in any form available, through spidering or any form of scraping, unless in accordance with the sections below.

Any unauthorized reproduction, in any form, of any content, including, without limitation, any media, content, information, data, and/or images, collected using mechanisms such as spiders, bots and scripts, or in any other way, without Indian Cinema Heritage Foundation’s prior written approval will be a violation of Indian Cinema Heritage Foundation’s legal rights, including, without limitation, its intellectual property rights, and shall constitute a breach of these Terms and Conditions.

Spiders, bots, and scripts that read the Cinemaazi website and Cinemaazi Platforms must obey all reasonable restrictions on mass downloading and content privacy. Any violation will result in necessary defensive action, including through the blocking of the respective IP addresses at protocol and program level.

Right to Amend

We reserve the right at any time, and from time to time as we desire, to amend in any way, including by way of modification, suspension or discontinuance, temporarily or permanently, these Terms and Conditions (or any part thereof) with or without prior or other notice.

You agree that we shall not be liable to you or to any third party for any amendment of the Terms and Conditions. You further agree that it shall be your responsibility to check for amendments to these Terms and Conditions.

Governing Law - Indian Law

All disputes arising from or relating to the Cinemaazi Website and/or the Cinemaazi Platforms or any part thereof, your access and/or use of the Cinemaazi website and/or the Cinemaazi Platforms, shall be governed by the laws of the Republic of India.

Privacy Policy

Respect for privacy is important to Indian Cinema Heritage Foundation. You must not deliberately impersonate any identity that does not belong to you. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person. You must not stalk, exploit, threaten, abuse or otherwise harass another User or Indian Cinema Heritage Foundation’s employee, or associated person.

Dispute Resolution

In the event of any dispute of whatever nature, you agree that you and Indian Cinema Heritage Foundation will first try to resolve and settle such dispute in good faith, amicably through negotiations. In case, such dispute cannot be resolved by negotiation within sixty (60) days of the initiation of the dispute, as decided by Indian Cinema Heritage Foundation, such dispute shall be referred to a binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended.

The dispute will be settled by a sole arbitrator to be appointed by Indian Cinema Heritage Foundation.

The seat of arbitration shall be New Delhi, India, and the location of arbitral proceedings shall also be New Delhi.

You agree that the exclusive jurisdiction and venue for any litigation or arbitration shall be in New Delhi, India and you irrevocably consent to the exclusive jurisdiction of such court and venue.

In case of the dispute requiring intervention of the courts, please note that all disputes are subject to the exclusive jurisdiction of the courts of New Delhi, India.

The cost of arbitration shall be shared equally by both the parties.