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Content. Curation. Funding.
Terms And Conditions Of Use
This is an Agreement (“Agreement”) between you (“you” or “your” or “Project Owner”) and Idyabooster Advisors Private Limited (“Idyabooster” or “we” or “our”), a company incorporated under the Companies Act, 1956 and having its registered office at A 83, Ashiana, St.John Baptist Road, Bandra-West, Mumbai 400050, Maharashtra, India that governs the access and use of www.idyabooster.com (“Website”). When you access and/ or use the Website, you agree to be bound by these terms and conditions as stated herein.

Idyabooster aspires to create a marketplace for investors to identify and invest in curated, quality creative projects including but not limited to films, short films, advertising films, documentaries, news programs, music shows, theatre productions, television programs and the like (“Project/s”), by bringing together the Project Owner and Investor on a single platform.

“Project Owner” shall mean any individual/corporate entity who desires to showcase their Project on the Website to receive funds from the Investors.

“Member” shall mean any individual/ corporate entity who is enrolled as a member with Idyabooster and will have selective access to various sections and information/content showcased on the Idyabooster platform.

“Investor” shall mean any individual or group of individuals or corporate entity who invest/s specific sums into a Project of their choice and receives such return on investment as may be mutually agreed between the Investor, the Project Owner and Idyabooster.

1 Eligibility
You represent that you are of legal age to enter into a valid and binding contract and/or your entity is incorporated as per applicable laws, having full power and authority to execute this Agreement and by doing so, you will not violate any other agreement to which you are a party.

2 Registration Data And Account Security
2.1 In consideration of your use of the Website, you agree to (i) provide only your, accurate, current and complete information about you as may be requested for by the Website for personal identification purposes ("Personal Data"); (ii) maintain and promptly update the Personal Data; and (iii) be fully responsible for all use of your account and for any actions that take place using your account.
2.2 By submitting any information to us, you represent and warrant that such submission is accurate, not private or confidential, and not in violation of any contractual restrictions or other third party rights or any applicable law.
2.3 You shall be responsible to keep your password and account confidential and not let other persons use/access your account. We shall not be responsible for anything arising out of your use of the Website; unless it is on account of a breach from our side and it is proven that your account security was compromised due to a fault of our server/network.
2.4 You note to inform us immediately if you have any reason to believe that someone is misusing your account and functions therein.
2.5 You agree that the Website and its contents, including but not limited to the text, images, graphics, audio-visuals, videos, artworks, imaging, positioning, use or combination of colours, images, combination of fonts, together with all content, information and data posted herein are exclusive properties of Idyabooster. You are not authorized to use any name, mark, logo or tagline as displayed in the Website in any advertisements, publicity matter or in any other commercial manner without the prior written consent of Idyabooster.
2.6 We reserve the right to reproduce, improve, distribute, add, re-publish and use in any manner as we may deem fit, your feedback or comments posted by you, for promotional and presentation purposes of this Website.
2.7 The Website may include various blogs, groups, discussion topics, comments, features and such other interactive features where you may be permitted to post your feedback, comments and the like. We do not take any responsibility whatsoever for other users using/misusing such information shared/posted by you on the Website and in any of the interactive features as may be present in the Website at any point in time.
2.8 All intellectual property including keywords, logos, taglines, service names, design marks, slogans, trademarks and service marks, whether registered or unregistered or pending registration, of Idyabooster, our business associates, partners, or such other authorized third parties as posted on this Website shall be owned by such parties as the case may be. You are not authorized to use any such intellectual property as displayed on the Website in any advertisement, publicity or any other commercial manner whatsoever, without obtaining necessary approvals in writing from the concerned party.
2.9 While displaying any content relating to third parties on the Website, Idyabooster does not claim ownership to such content and accepts no responsibility for any infringement or act of third party reproducing/adapting/copying/using the displayed content/idea in any manner whatsoever, in any medium whatsoever, for commercial gain or otherwise.
2.10 The Website is a platform operated by Idyabooster to connect Project Owners with the Investors for funding a specific Project or part thereof. While Idyabooster conducts reasonable checks and details of the Investors, the Project Owners and the Project, each party shall be responsible to undertake necessary due diligence prior to entering into any commercial understanding with another party. Idyabooster shall, not in any manner whatsoever, bear any responsibility in respect of the completion of the Project and/or be liable for any loss or inability of the Project Owner to complete the Project.
2.11 We reserve the right to modify, suspend, remove or discontinue the Website and/or Project content, with or without notice at any time and in any manner whatsoever.

3 Terms Of Use
3.1 You will be responsible for maintaining the confidentiality of the password and the account, provided to you on registration with this Website and are fully responsible for all activities that occur under your password or account.
3.2 You shall ensure that you exit from your account at the end of each session.
3.3 You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to this Website.
3.4 You agree not to use this Website or any information or data therein for any unsolicited commercial e-mail.
3.5 You agree not to translate, modify, revise or create derivative works based on the information and data, except as expressly permitted under the terms herein.
3.6 You shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded on this Website. You shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
3.7 You agree that you will not post content and/or any information and/or initiate discussions that are pornographic in nature, invasive of privacy or publicity rights, unlawful, libelous, obscene, discriminatory, abusive, hateful- racially, ethnically or otherwise objectionable, inciting violence or communal tensions in other users/general public from any purported use of this Website.
3.8 You understand that you are solely responsible for all the Project content you upload, publish or display on the Website or transmit to or share with other users of the Website.

4 Privacy Policy
4.1 Idyabooster is committed to protection of your privacy and will safeguard all your personal information. Idyabooster may collect and retain personal data/personal identifiable information (such as your name, email address, contact details etc) and such other information of its users as it may deem fit to ensure it is able to provide better services to the Investors and the Project Owners. We will limit the use of your information to the extent that we reasonably require to deliver our services and other opportunities, and to administer our business which includes providing such information to the Project Owner. We will permit only authorized employees/representatives on a need-to-know basis to have access to such personal information. All our users’ personal details are kept in accordance with the required security practices and procedures as set out under applicable law and are not passed on to third parties.
4.2 You can request us, in writing, to remove your name from if mentioned by us in any marketing lists or public portals. Additionally, whenever we hire other organizations/individuals to provide support services, we will require them to conform to our privacy standards and allow us to audit them for compliance.
4.3 We will endeavour to keep your files complete, up to date, and accurate. We will continuously assess ourselves to ensure that your privacy is respected. We undertake not to divulge your information, save and except where we are required, by law, to respond to statutory authorities or direction of any Court or legal authority.

5 Disclaimers
5.1 The information/ data, and services on this Website, including but not limited to text, images, graphics, audio-visuals, videos and links is provided “as-is” and without warranties of any kind, whether express or implied, including but not limited to an implied warranty of accuracy, completeness, reliability, merchantability or fitness for a particular purpose.
5.2 We have endeavored to ensure that all the information on the Website is correct to the best of our knowledge. We neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, product or service posted on this Website. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages arising due to negligence of third parties.
5.3 We shall not be responsible for any delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
5.4 We shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control.
5.5 Any material and/or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
5.6 Unauthorized access, reproduction, redistribution, transmission and/or dealing with the content and/or any information contained in this Website in any other manner, either in whole or in part, is strictly prohibited, failing which strict legal action will be initiated against you.
5.7 You may have arrived on this Website through a link provided by a third party, who may have no connection to this Website. We neither endorse the contents of such websites nor their creators or hosts unless expressly stated in writing otherwise.
5.8 When you click on advertiser banners, sponsor links, or other external links from this Website, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the content, functionality, authenticity or technological safety of these external websites. Some external links may produce information that you may find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked websites.

6 Limitation On Liability
6.1 You agree to access and use this Website and such other external link/s provided herein and the content thereof at your own risk.
6.2 You agree that the Project content/details thereof shall be displayed on the Website and be seen/read by Members of the public at large.
6.3 Any content/information posted on any part of this Website, shall, at all times, adhere to the Terms and Conditions of Use of the Website.
6.4 Idyabooster, its affiliates or service providers, shall not be held responsible or liable, in any manner whatsoever for any direct, indirect, incidental, consequential or punitive damages arising out of any act/s, omission/s of the Project Owner or any Member of the public at large, including but not limited to access, use or inability to use this Website or such other external link/s provided herein, any errors or omissions in the Project content thereof, loss of data, revenue, profits, property, attack by viruses, failure to provide Website services, infringement of intellectual property of the Project by third parties and the like.
6.5 Neither Idyabooster nor any party involved in creation, production or delivery of this Website or whose materials or information/data appear in this Website shall be liable for any damages, including without limitation to, any failure of performance, error, omission, interruption, defect thereof or any loss of data or information when the Website may be down/under maintenance.
6.6 IDYABOOSTER DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY IN ANY MANNER WHATSOEVER FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, CONTENT OR PROCESS DISCLOSED ON THIS WEBSITE OR OTHER MATERIALS ACCESSIBLE FROM THIS WEBSITE.
6.7 YOU, THE USER OF THIS WEBSITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
6.8 THE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AT ANY TIME, AS WE MAY DEEM FIT, SO YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME.

7 Indemnification
You agree to indemnify, defend and hold harmless Idyabooster from and against any and all loss, damages, claims, liabilities, expenses and costs, including, without limitation, regulatory penalties, attorneys’ fees and costs incurred by us in connection with any claim arising out of your use of the Website services or any other breach by you of the terms and conditions herein or due to infringement of intellectual property rights of Idyabooster or any other third party and/or your violation of any other law related hereto.

8 Dispute Resolution, Governing Law And Jurisdiction
8.1 Any dispute or difference arising out of, or relating to this Agreement or the performance or invalidity thereof, shall be resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any modifications thereof by a sole arbitrator appointed by us. The place of arbitration shall be Mumbai and the proceedings shall be conducted in the English language. The award of the arbitrator shall be final and conclusive and binding upon the parties.
8.2 Subject to the foregoing Clause, the Agreement shall be governed by the laws of India and the courts in Mumbai, Maharashtra shall have sole and exclusive jurisdiction in respect of all matters arising herein.

9 Notices And Notifications
Any notice required to be given is to be treated as properly given if the said notice is sent by electronic mail to us at the following address:Email: members@idyabooster.com

10 Force Majeure
In no event shall Idyabooster be considered in default in performance or its obligations under the terms of this Agreement, if such performance is prevented or delayed for any causes beyond its reasonable control including but not limited to power failure, network failure, war, act of terrorism, hostilities, revolution, riots, civil commotion, strikes, lockouts, epidemic, fire, explosion, flood, earthquake, act of hacking or cybercrime, act of God or any act of Government or any other cause which could not have been reasonably foreseen or avoided.

11 Severability & Waiver
11.1 The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement.
11.2 The waiver of any breach or default of the terms of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.

12 Entire Agreement
12.1 You acknowledge having read the terms and conditions mentioned in this Agreement, and agree to be bound by its terms and further agree that it is binding between you and Idyabooster, superseding all prior understandings and agreements, oral and/ or written entered into between us relating to the subject matter of this Agreement. The Privacy Policy outlined in Clause 4 shall form part of this Agreement.
12.2 12.2 Idyabooster reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action it deems fit and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or such other third parties.
12.3 We reserve the right to periodically change the terms and conditions outlined herein with or without notice, as we may deem fit. The changed terms and conditions shall become effective immediately upon our displaying them onto the Website and any access and use of the Website after accepting the changed terms and conditions that have been published on the Website signifies your deemed consent to the changes.
12.4 This Website is governed by this Agreement, the Privacy Policy and the disclaimers posted herein, which shall be read in conjunction with each other. In the event of any differences between the Agreement, Disclaimers and the Privacy Policy, the terms and conditions of this Agreement shall prevail.

  
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