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You Accept These Terms
Each time you access and/or use the BENCH CAST Applications, you agree to be bound by these Terms and any additional terms or conditions presented to you for Services you select that will apply to you, such as promotional offers.
Binding Arbitration of All Disputes; No Class Relief
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.
Questions about our Terms may be sent to email@example.com or as otherwise set forth in the Terms.
Effective Date: May 1, 2014
I. ABOUT BENCH CAST
Bench Cast provides a range of content hosting and communication services, including content, features, functionalities and other services to allow Talent (as defined herein) to connect with talent agents, managers, casting directors, and other professionals rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises, (collectively the “Services”).
Legally Binding Agreement
We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Sites with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the BENCH CAST Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the BENCH CAST Applications and/or Services.
Contact and Electronic Communications
By accessing the BENCH CAST Applications you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with contact information in connection with a particular activity, including an email address or telephone number (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. If you are an agent or representative, or the Responsible Adult for any individual for whom you have provided us with Contact Information, you also attest that you have the authorization from that individual to grant us the rights granted herein and agree to indemnify us and hold us harmless from any losses, costs, expenses, damages, fines and/or penalties including reasonable attorneys’ fees, arising out or in connection with your failure to have the proper authorization from the individual you claim to represent.
III. USE OF THE SERVICES
You May Use The Services:
- As an actor, model, dancer, voice talent or other artist (“Talent”);
- As a professional Talent Representative (e.g. Talent agent or manager) of Talent or a Group or a touring or display property such as a car or animal;
- As a casting director; or
- On behalf of a company or other legal entity such as an agency, management company, casting director, or production company (each, an “Industry Professional”)
If you are using the BENCH CAST Applications on behalf of an Industry Professional, including through an organization, which may have a separate agreement with us, you are nevertheless individually bound by this Agreement as an individual User.
Bench Cast acknowledges that Users might be represented by an Industry Professionals acting as agents for those Users. Keep in mind that as a disclosed principle, all Users are responsible for the actions of their agents. In the event that a Talent of the age of majority advises Bench Cast that he/she is no longer represented by an Industry Professional who established or maintained a Membership on the Talent’s behalf, Bench Cast will either turn control of the Membership over to Talent (subject to Talent’s direct acceptance of these Terms, as applicable) or to another Industry Professional which has Membership, as directed by Talent. If the Talent is not of the age of majority, under these circumstances the Membership account may be transferred to the Talent’s parent or legal guardian, or terminated in Bench Cast’s sole discretion.
Eligibility for Membership
To be eligible for Membership, you must meet the following criteria and you represent and warrant that you:
- Are of the age of majority in your country of residence; or
- Are talent, a group, or an industry professional meeting the criteria established by us to qualify for membership as set forth in this agreement or in any legal notice; or
- Are the registering adult (as defined in “SPECIAL NOTE ABOUT THE REGISTRATION OF MINORS”) registering as that minor’s parent or legal guardian and maintaining a membership on behalf of the minor;
- Are not currently restricted from using the services or not otherwise prohibited from being a user;
- Have full power and authority to enter into this agreement either on your behalf or on behalf of the talent, group, or industry professional you represent, and doing so will not violate any other agreement to which you are a party or any applicable law;
- Are not a competitor of Bench Cast or are not using the BENCH CAST Applications for reasons that are in competition with Bench Cast or the services;
- Will respect and not violate any rights of Bench Cast, including Bench Cast’ copyrights, trademark rights, and other intellectual property rights; and
- Are solely responsible for any and all equipment, software, and Internet access necessary to use the BENCH CAST Applications and any associated costs.
Registration Individually Or On Behalf Of Another Individual
During the Membership registration process, you will be prompted to provide personal information that allows us to know who you are, such as your full name, age, street address, email address and phone number, as well as additional optional information such as height, weight, racial and/or ethnic background, and pictures (collectively, “Registration Information”). By using the BENCH CAST Applications, you represent and warrant that all Registration Information you submit is truthful, accurate, current and complete and you will maintain the accuracy of such Registration Information by updating and revising it promptly.
In the event you are an Industry Professional providing Registration Information on behalf of Talent (that is, any actor, director, writer, model or other artist you represent or on whose behalf you work), you warrant and represent that you have full authority to represent such Talent and provide us with the Registration Information and any other personally identifying information of such Talent, including a valid parent/guardian authorization where required by law.
Validation of Registration Information
You authorize Bench Cast to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. Bench Cast reserves all rights to take legal action against anyone who provides inaccurate, false or incomplete personal information or is otherwise untruthful about their identity, and to suspend or cancel a Membership established using such information. Notwithstanding the foregoing, you acknowledge that Bench Cast cannot guarantee the accuracy of any information submitted by any User of the BENCH CAST Applications, including any identity information about any User.
SPECIAL NOTE ABOUT THE REGISTRATION OF MINORS
We do not allow Talent or members of Groups who are under the age of majority in their country of residence (a “Minor”) to directly open an account or establish their own profiles. All Users who are Minors may only open accounts or post profiles if they are represented by an adult Talent Representative or other Industry Professional or parent or legal guardian who has registered on their behalf and who maintains the profile on their behalf (“Registering Adult”). We reserve the right to add special protections, including to track and record visits/views, for the profiles and/or Membership accounts of Users who are Minors for security purposes. Although we cannot absolutely control whether Minors gain unauthorized access to our Services, your profile may be deactivated and your Membership may be terminated without warning if we believe that you are a Minor and we do not have satisfactory proof or assurances that a Registering Adult maintains your Membership on your behalf.
Use Of Services
You agree to abide by our rules of conduct prohibiting practices that Bench Cast deems harmful and these Terms. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this User Code of Conduct or any other part of these Terms, including without limitation, removing the violating Content or communication from the BENCH CAST Applications and terminating the Membership of such violators with or without notice. You agree that you will (i) use the Services in a professional manner; (ii) provide complete and accurate Registration Information to us and update it as necessary; and (iii) comply with the Rules of Conduct and terms and policies posted on the Sites or provided to you by Bench Cast and applicable laws, including, without limitation, privacy laws, intellectual property laws, decency and obscenity laws, export control laws, tax laws, and regulatory requirements.
Rules of Conduct
You agree that you will not (i) collect, use, rent, lease, trade, share or transfer any information, including but not limited to, personally information obtained from the BENCH CAST Applications except as expressly permitted by these Terms, or as the owner of such information may expressly permit; (ii) create an account or profile for anyone unless you have their express authorization to do so; (iii) include information in a profile (or elsewhere on the BENCH CAST Applications) that reveals sensitive personal information, such as government identifiers ;Pan card number or Drivers license (iv) use the BENCH CAST Applications or any information obtained through the BENCH CAST Applications to stalk, abuse or attempt to abuse, or otherwise harass an individual; (v) take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that Bench Cast considers in its sole discretion to be of such nature; (vii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any content or other Services contained in or through the BENCH CAST Applications; (viii) utilize information, content or any data you view on and/or obtain from the BENCH CAST Applications to provide any service that is competitive with the BENCH CAST Applications or the Services including the use of Bench Cast Marks or confusingly similar marks in any business name, email, URL, or posting; (ix) attempt to or actually transmit or post a link to another website within your membership profile or anywhere else on the BENCH CAST Applications other than as permitted herein; (x) engage in or plan to engage in any illegal activity; (xi) post, disseminate or transmit statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (xii) create, disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property or property rights of any person; (xiii) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (xiv) export, re-export or permit the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities; (xv) interfere, disrupt or attempt to gain unauthorized access to other accounts on the BENCH CAST Applications or any other computer network; (xvi) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xvii) damage, disable, overburden, or impair any BENCH CAST’s server, or the network(s) connected to any BENCH CAST server, or interfering with any other party’s use and enjoyment of any BENCH CAST Applications; (xviii) gain unauthorized access to any BENCH CAST Applications accounts, computer systems or networks connected to any BENCH CAST server or to any of the BENCH CAST Applications through hacking, cracking, distribution of counterfeit software, password mining or any other means; (xix) reverse engineer, decompile or disassemble any software accessed through the BENCH CAST Applications; (xx) impersonate any person or entity, including, but not limited to, a Bench Cast employee, contractor, agent, or representative or falsely state or otherwise misrepresent your affiliation with a person or entity; (xxi) transmit, post, or e-mail any misleading or false professional opportunities in your profile or elsewhere on the BENCH CAST Applications; (xxii) abuse the BENCH CAST Applications’ messaging services or (xxiii) engaging in any other activity deemed by BENCH CAST in its sole discretion to be in conflict with the spirit or intent of the BENCH CAST Applications.
Preventing And Reporting Abuse
You agree that Bench Cast may take whatever steps it deems necessary to abridge, or prevent behaviour of any kind on the BENCH CAST Applications that violates this Agreement in Bench Cast’ sole discretion, without notice to you. Bench Cast has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any User who publishes or distributes child pornography. You can report any violations of the User Code of Conduct or other abuse on the BENCH CAST Applications by emailing firstname.lastname@example.org.
Bench Cast may restrict, suspend or terminate the account of any User who violates the Rules of Conduct or these Terms or otherwise abuses or misuses the BENCH CAST Applications Services and/or for any or no cause, without warning. Such restriction, suspension, or termination, shall be effective immediately or as may be specified in any notice. In addition, and without limiting the foregoing, Bench Cast may, at its sole discretion and with or without notice, in response to any violation of this Agreement (including, without limitation, violating the User Code of Conduct): (i) place a User on probation on terms established by Bench Cast in its sole discretion; (ii) restrict or suspend the User’s account; and/or (iii) terminate the User’s account. In the event that Bench Cast suspends or terminates your Membership or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or Subscription Fees, any content or data associated with your Membership or account or for anything else. If a User is placed on probation or temporarily suspended and the User is believed to have re-registered or attempted to have re-registered with the BENCH CAST Applications (including under a new name) that User may be permanently barred from the BENCH CAST Applications without recourse.
Bench Cast has adopted a policy of permanently barring without recourse and/or terminating accounts of Users (or blocking any associated IP address) who, in Bench Cast’ sole discretion, falsely represents that they are a talent agent, talent manager, casting director or other Industry Professional or provides any information that is false or misleading. In addition, Casting
Membership Security and Unauthorized Use
You are fully responsible for all activities conducted through your Membership. During the registration process you will also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another Member’s account or password at any time, not to let an unauthorized third party use your membership, and not to disclose your password information to any unauthorized third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your password. Your disclosure of your password to any other person is entirely at your own risk. Although Bench Cast will not be liable for your losses caused by any unauthorized termination and/or use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use until such time as you terminate your Membership account or prove that your account security was compromised due to no fault of your own.
Fees and Billing Information
You acknowledge that we reserve the right to charge for use and/or access to some or all aspects of the Services. If you purchase any Services that we offer for a fee, either on a one-time (“Paid Services”) or recurring billing subscription basis (“Subscription Services”), you agree that Bench Cast (or its authorized service providers) may store your payment card information and Bench Cast will bill you the appropriate fee for the Paid Services or the applicable term rate for your Subscription Services (“Subscription Fees”) using the billing information you provide (your "Billing Information") for use of the Subscription Service. You agree to pay Bench Cast all Subscription Fees and other charges at the prices then in effect for your use of the Subscription Service using your Billing Information, including any applicable taxes, and you authorize Bench Cast to charge your chosen payment provider (your "Payment Method") for the Paid Services and Subscription Services, including the recurring Subscription Fees for the Subscription Term you select. All subscriptions longer than one month will automatically renew at our monthly subscription rate and will be billed on a monthly basis. You agree to make payment using your selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/crUpdatecard issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Bench Cast does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or crUpdateto cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. Bench Cast reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources.
All fees/prices are in Indian Rupee, unless otherwise indicated, and do not include Internet service provider, telephone, and other connection charges. Depending upon your crUpdatecard's currency and the country in which your card was issued, your crUpdatecard provider may impose foreign exchange fees and other fees, which are in accordance with your arrangements with that crUpdatecard provider.
You can cancel your subscription at any point during your current subscription term to avoid subsequent fees being billed by contacting us by phone at +91-44-42853134 or emailing us at email@example.com, or by writing or faxing us as set forth below.
If you cancel a subscription term that is longer than one month, you will receive a pro-rata refund based upon any full months left on your subscription term and any Paid Services you have requested and received and your subscription will continue through the rest of the current month. Partial months are not refunded.
To cancel this Agreement, email a notice of cancellation to firstname.lastname@example.org from the email address you have on file with us, mail or deliver a signed and dated notice of cancellation to Bench Cast Inc, Plot No. 55,4th Main Road,Lakshmi Nagar Extension,Porur,Chennai - 600116. Once an account is cancelled, your User Content will still remain active for any projects for which you were submitted.
If your Membership is terminated as a result of your breach of this Agreement (including failure to pay fees when due), your access will be terminated with or without notice and you shall not be entitled to the refund of any unused portion of fees.
Ability To Access
Subject to your compliance with this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access through a generally available web browser or mobile device (but not through scraping, spidering, crawling or other technology or software used to access or harvest data without the express written consent of Bench Cast), view information and use the BENCH CAST Applications and the Services, as we intend such information, the BENCH CAST Applications and the Services to be accessed, viewed and used. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Sites and all related items.
Limitations On Access
Bench Cast will allow you access to the BENCH CAST Applications as they may exist and be available on any given day, and we have no other obligations, except as expressly stated in this Agreement. We have the right at any time for any reason or no reason to interrupt availability of some or all aspects of the BENCH CAST Applications, suspend or terminate your Membership per the section on “Termination”, terminate this Agreement, and/or modify, replace, refuse access to, suspend or discontinue any and all current or future access to and use of the BENCH CAST Applications or the Services in whole or in part, or change or modify our fees for all or part of the Paid Services or Subscription Services in our sole discretion, without notice or liability to you. Any such change shall be effective upon posting on the Sites or by direct communication to you unless otherwise noted.
Interruption Of Services
You agree that Bench Cast will not be liable for any interruption of Services, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement, you shall not be entitled to any refunds of fees for interruption of service or failure to perform.
Content In Your Account
We reserve the right to withhold, remove and or discard any content available as part of your Membership account, including your profile, with or without notice, for any reason in our sole discretion. For avoidance of doubt, Bench Cast has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the BENCH CAST Applications.
The BENCH CAST Applications are for the personal use of Users and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the BENCH CAST Applications, including collecting names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the BENCH CAST Applications is prohibited. Commercial advertisements, affiliate and third party links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership, in our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of the BENCH CAST Applications.
Links To Third Party Sites
The BENCH CAST Applications may include links to third party websites (“Third Party Sites”). You are responsible for deciding whether you want to access or use a Third Party Site. Bench Cast is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
IV. INTELLECTUAL PROPERTY RIGHTS
Access To Content On The BENCH CAST Applications.
Bench Cast may choose, but has no obligation, to pre-screen or monitor the BENCH CAST Applications or the Services for inappropriate User Content or conduct at any time, and it may delete any User Content that violates these Terms, as determined by Bench Cast in its sole discretion. However, if Bench Cast chooses to pre-screen or monitor User Content, Bench Cast nonetheless assumes no responsibility for such User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.
View Content At Your Risk
You understand that when using the BENCH CAST Applications, you will be exposed to Content from a variety of sources, and that Bench Cast is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or that contains errors or omissions, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bench Cast with respect thereto. Bench Cast makes not representation whatsoever regarding the accuracy of any Content at any time.
Our Ownership Rights
All right, title and interest in and to the BENCH CAST Applications and Services is and will remain the exclusive property of Bench Cast and its licensors. We hereby grant you a limited, revocable, non-sublicenseable license to reproduce and display the Bench Cast Content (excluding any software code) solely for your personal use in connection with accessing and using the BENCH CAST Applications and Services. Bench Cast reserves all rights not expressly granted in and to the Bench Cast Content and the BENCH CAST Applications.
Software Use Restrictions
You acknowledge that any software and related documentation that may be available to download from the BENCH CAST Applications (the "Software") is a copyrighted work owned or licensed by a Bench Cast Party (as defined herein), and that you do not acquire any ownership rights by downloading the software. You agree that your use of the Software is governed by these Terms and is also governed by the terms of the license agreement, if any, that accompanies or is included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS-IS" AND "WHERE-IS" BASIS, AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED.
All comments, feedback or materials submitted by you to us, including feedback, testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), shall be received and treated by us on a non-confidential and unrestricted basis. Bench Cast will be free to use, display, perform, distribute, copy, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and services incorporating such Feedback. You agree that in submitting Feedback, it will not violate any right of any third party, including any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”.
Your Ownership Of User Content
You retain copyright and other intellectual property rights with respect to your User Content that you submit or transmit to or display on or through the BENCH CAST Applications or any Service, to the extent that you have such rights under applicable law. You may request the deletion of your User Content at any time by using the tools on the BENCH CAST Applications to do so; however, if you have shared User Content with others, through the BENCH CAST Applications, Bench Cast has no control over any third parties use of that Content. Further, you acknowledge that removed User Content may persist in backup copies for recordkeeping and internal purposes, including enforcing these Terms.
Your Grant Of A License
By submitting, transmitting, or displaying your User Content to or through the BENCH CAST Applications, you automatically grant (and you represent and warrant that you have the right to grant) to Bench Cast a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, modify and delete your User Content solely in connection with the BENCH CAST Applications and only as long as y ou are a Member (“License”). This License will enable each User of the BENCH CAST Applications to access your User Content as permitted through the functionality of the BENCH CAST Applications and under these Terms. This License includes the right to modify or adapt your User Content in order to transmit, display or distribute it over computer networks, in various media and to devices but does not give us the right to use your User Content outside of the BENCH CAST Applications, or as is contemplated by the functionality of the BENCH CAST Applications, and you retain the copyright to your User Content and subject to the terms herein, the right to delete it from the BENCH CAST Applications at any time.
Ownership Of User Content
By providing User Content to us you represent and warrant that you own such User Content or otherwise have the right to grant us the License set forth in this section; that the User Content is accurate and not confidential and the submission, transmission, posting and use of your User Content on the BENCH CAST Applications is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights) and, you are solely responsible for, and Bench Cast will have no liability in connection with, your User Content or any other User Content you access through the BENCH CAST Applications. Your ownership in your User Content does not confer any rights of access to the BENCH CAST Applications nor any rights to User Content stored by or on behalf of Bench Cast.
V. INTERACTING WITH OTHER USERS
Bench Cast is a service provider, which means, among other things, that we do not control each and every aspect of the BENCH CAST Applications. You acknowledge that Bench Cast is a service provider that may offer Users opportunities to interact on and through the BENCH CAST Applications regarding topics and content chosen by other Users. Generally, we do not regulate Users’ interactions with the BENCH CAST Applications or communications with each other on the BENCH CAST Applications. As a result, we have limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of content accessed through or Users of the BENCH CAST Applications.
Communications with Users
You are solely responsible for your interactions with other Users. Bench Cast may limit the number of connections or interactions you may have to and with other Users through the BENCH CAST Applications or views of Membership profiles, and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Bench Cast reserves the right to terminate your Membership account if we determine, in our sole discretion, that doing so is necessary to enforce this Agreement or to protect its business reputation or Users.
As a condition of access to our BENCH CAST Applications, you release Bench Cast, Inc. including its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors and distributors (“Bench Cast Licensees”) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the BENCH CAST Applications or Services, including any claim against any individual or entity who creates an unauthorized account for you on your behalf.
You understand and agree that: (i) Bench Cast will have the right but not the obligation to assist Users in resolving disputes among Users relating to Users’ use of the BENCH CAST Applications or Services; (ii) Bench Cast’ resolution of any particular dispute does not create an obligation to resolve any other dispute; (iii) to the extent Bench Cast elects to assist in resolving such disputes, it will do so in good faith based solely on the general rules and standards of the BENCH CAST Applications and will not make judgments regarding the potential claims or provide legal advice; (iii) Bench Cast’ resolution of such disputes will be final with respect to the respective Users’ use of the BENCH CAST Applications but will have no other effect on the actions of the Users or their respective claims; and (iv) you hereby release the Bench Cast Licensees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Bench Cast’ resolution of disputes relating to the BENCH CAST Applications.
VI. DISCLAIMERS OF WARRANTY AND LIABILITY
The Site is provided “As Is”
Bench Cast provides the BENCH CAST Applications and Services strictly on an “AS IS” and “AS AVAILABLE” basis, provided at your own risk, and, to the fullest extent permissible under applicable law, BENCH CAST HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, Bench Cast makes no warranty as to the quality, accuracy, completeness and validity of any information or content you access or receive in connection with the BENCH CAST Applications or Services, or that your use of the BENCH CAST Applications will meet your requirements. Do not rely on the BENCH CAST Applications, any information therein, or its continuation. If you are dissatisfied or harmed by the Sites or anything related to the BENCH CAST Applications, you may close your account in accordance with the section on “Suspension and termination” and such termination shall be your sole and exclusive remedy.
Bench Cast is not responsible, and makes no representations or warranties for the delivery of any messages sent through the BENCH CAST Applications to anyone. In addition, we neither warrant nor represent that your use of the BENCH CAST Applications will not infringe the rights of third parties. Any material, service, or technology described or used on the BENCH CAST Applications may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.
Bench Cast does not have any obligation to verify the identity of the persons accessing the BENCH CAST Applications or subscribing to the Services, nor does it have any obligation to monitor the use of its Services by other Users; therefore, Bench Cast disclaims all liability for identity theft or any other access to or misuse of your identity or information.
Bench Cast does not guarantee that the BENCH CAST Applications will function without interruption or errors in functioning, or be virus-free, or that any errors or defects on the BENCH CAST Applications will be corrected. In particular, the operation of the BENCH CAST Applications may be interrupted due to maintenance, updates, or system or network failures. Bench Cast disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Bench Cast disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the BENCH CAST Applications due to inappropriate equipment, disturbances related to Internet service providers, to the saturation of the internet network, and for any other reason.
No Liability For Accumulated Content
When using the BENCH CAST Applications, you may accumulate Content that resides as data on Bench Cast’ servers. This data, and any other data, Membership history and User names residing on Bench Cast’ servers may be deleted, altered, moved or transferred at any time for any reason in Bench Cast’ sole discretion.
You acknowledge that, notwithstanding any copyright or other rights you may have with respect to Content you upload, transmit, display and/or create using the Sites, and notwithstanding any value attributed to such Content or other data by you or any third party, BENCH CAST DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON BENCH CAST’ SERVERS.
You understand and agree that Bench Cast has the right, but not the obligation, to remove any Content (including your User Content) in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
Limitation of liability
IN NO EVENT SHALL THE BENCH CAST PARTIES OR THEIR RESPECTIVE SUPPLIERS, LICENSORS OR DISTRIBUTORS IN HOSTING, OPERATING OR DELIVERING THE BENCH CAST APPLICATIONS OR SERVICES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING ITS MODIFICATION OR TERMINATION), YOUR MEMBERSHIP (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT BENCH CAST MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
You agree to defend, indemnify and hold harmless the Bench Cast Parties for all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the BENCH CAST Applications and Services, (b) your failure to comply with this Agreement, including, without limitation, your submission of Content that violates third party rights or applicable laws, and (c) your Membership.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and, as a result, the contents of this section may not apply to you.
VII. RESOLUTION OF DISPUTES.
These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules unless the provisions of Resolution by Arbitration apply.
Notice of Claims
In the event a dispute arises between you and BENCH CAST, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. You agree to give Bench Cast no less than 60 days’ notice of your intention to file any Claim as set forth below, in order that you and Bench Cast may attempt to settle such Claim outside of formal court or arbitration proceedings. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed.
Limitation of Legal Remedies
YOU AND BENCH CAST AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, CONNECTED WITH OR RELATING TO THESE TERMS, ANY CONTRACT, TORT, STATUTUE, THE RELATIONSHIP AMONG THE PARTIES, OR USERS OR OTHERWISE RELATING TO THE BENCH CAST APPLICATIONS OR SERVICES ("CLAIMS") WHICH CANNOT BE SETTLED BY MUTUAL AGREEMENT OF THE PARTIES, SHALL BE RESOLVED BY ONE ARBITRATOR THROUGH BINDING ARBITRATION. This Agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to claims arising out of or relating to any aspect of the relationship between you and Bench Cast, including but not limited to any claims related to your use the BENCH CAST Applications or Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. However, just as a court would, the arbitrator must honor the terms and limitations in these Terms and can award damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction. YOU AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND BENCH CAST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Class Action Waiver
Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, BY AGREEING TO THESE TERMS AND USING THE SERVICES YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH ABOVE CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY. If for any reason a claim proceeds in court rather than through arbitration, you and Bench Cast agree that there will not be a jury trial. You and Bench Cast unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement in any way. In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
Resolution by Arbitration Procedures
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to BENCH CAST shall be sent to the following address:
BENCH CAST, INC
Plot No. 55,4th Main Road,
Lakshmi Nagar Extension,
Porur,Chennai - 600116.
All notices to users of the BENCH CAST Applications will be sent to the email or street address provided in the User’s account, or if there is no account information we have on the User. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or BENCH CAST may commence an arbitration proceeding.
Any claim or action for (i) indemnification, (ii) any violation of BENCH CAST intellectual property rights, (iii) contribution, (iv) interpleader, or (v) injunctive relief arising out of a Claim shall not be subject to arbitration.
This arbitration provision shall survive termination of this Agreement and the closing of your account or other relationship with BENCH CAST.
If any provision of this Resolution of Disputes provision is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this provision on class action waiver for any Claim cannot be enforced, then this provision to arbitrate will not apply.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any dispute or Claim must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIII. GENERAL PROVISIONS
The BENCH CAST Applications are controlled and operated by Bench Cast from its offices within the United States. Bench Cast makes no representation that materials in the BENCH CAST Applications or the Services are appropriate or available for use in other locations, and access to such materials or use of the Services from territories where their contents are illegal is prohibited. Those who choose to access the BENCH CAST Applications or the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you use the BENCH CAST Applications or the Services from other locations, you are responsible for compliance with applicable local laws including, but not limited to, the export and import regulations of other countries. Your use of the BENCH CAST Applications and Services, including our Software, is subject to export and re-export control laws and regulations,You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving United States origin products, including services or software.
The BENCH CAST Applications are controlled and operated by Bench Cast from its offices within INDIA. We make no representation that any aspect of the BENCH CAST Applications or our Services is appropriate or available for use in jurisdictions outside of the INDIA. Those who choose to access the Sites from other locations are responsible for compliance with applicable local laws.
Bench Cast may give notice to you by means of a general notice on the BENCH CAST Applications, at or after log-in to your membership account, by electronic mail to your e-mail address in our records for your membership, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your membership.
All notices given by you, whether or not required under this Agreement, shall be sent to Bench Cast, Inc., Attn: Dispute Resolution,sent by postal mail or courier to us at:
BENCH CAST, INC
Plot No. 55,4th Main Road,
Lakshmi Nagar Extension,
Porur,Chennai - 600116.
Any notices that you provide without compliance with this section shall have no legal effect.
The failure of BENCH CAST to partially or fully exercise any rights or the waiver of BENCH CAST of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by BENCH CAST or be deemed a waiver by BENCH CAST of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of BENCH CAST under these Terms, its policies and any other applicable agreement between you and BENCH CAST shall be cumulative, and the exercise of any such right or remedy shall not limit BENCH CAST 's right to exercise any other right or remedy
If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms.
Third Party Beneficiaries
This Agreement does not create third party beneficiary rights enforceable by third parties.
These Terms, and the policies incorporated herein, are the entire agreement between you and Bench Cast. They supersede any and all prior or contemporaneous agreements between you and Bench Cast relating to your use of the BENCH CAST Applications or the Services.
Copyright (c), 2014, Bench Cast, Inc. All rights reserved.
For the purposes of the Data Protection the data controller is Benchcast under Stone Bench Creations Private Limited, Corporate Identity Number U74999TN2013PTC089815 under the Companies Act 1956(No.1 of 1956) with registered address at Plot No 55, 4th main road, Lakshmi Nagar Extension, Porur, Chennai-600126. We are incorporated in Chenai, India.
When you supply any personal information to BENCHCAST, we have legal obligations to you in the way that we use that information. We must collect the information fairly; that is, we must explain how we will use it, and tell you if we want to pass the information on to anyone else. When using your personal information, BENCHCAST will act in accordance with current legislation. BENCHCAST is committed to protecting and respecting your privacy. We will ensure that all personal information supplied is held securely in accordance with the DPA.
The information that we may collect and process from you could be:
4.1 Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use our Website, subscribing to our Service, or posting material. We may also ask you for information when you enter a competition or a promotion, or when you report a problem with the Website;
4.2 From your User Comments;
4.3 A record of that correspondence that we keep if you contact us;
4.4 From surveys that we ask you to complete and that we use for research purposes, (although you do not have to respond to them); or
5.1 In general, any information you provide to BENCHCAST will be used only within BENCHCAST and our group companies for the purposes of providing the Services.
5.2 We will use information held about you in the following ways:
5.2.1 to ensure that content from the Website is presented in the most effective manner for you and for your computer or device;
5.2.2 o provide you with information, products or Services that you request from us or which we feel may interest you where you have consented to be contacted for such purposes;
5.2.3 to carry out our obligations arising from any contracts entered into between you and us;
5.2.4 to allow you to participate in interactive features of our Service, when you choose to do so;
5.2.5 to notify you about changes to our Service; and
5.2.6 to pass your personal details to a Bona Fide Purchaser, when you have given us your consent to do so.
5.3 Your information will never be passed to any third parties for marketing or sales purposes unless you have consented during the registration process or unless we contact you to request and receive your explicit written consent.
5.4 We may also use your email address to inform you of goods and services similar to those provided by BENCHCAST. You can exercise your right to ask us not to process your personal data for marketing purposes at any time by contacting us at email@example.com. Otherwise, your information will be disclosed only where we are obliged or permitted by law.
5.5 If you post or send offensive, inappropriate or objectionable Content on the Website, or to BENCHCAST via any other means, BENCHCAST may use whatever information that is available to us about you to stop such behaviour. This may involve informing relevant third parties such as your employer, ISP and law enforcement agencies about the Content and your behaviour.
6.1 We treat the information you provide us as confidential information and we are committed to ensuring that your information is secure. The information you provide us is stored on secure servers. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. You are responsible for keeping your password confidential and private.
You have the right to request a copy of the personal information which we hold about you and to have any inaccuracies corrected. We charge Rs 1000 for information requests. Please address requests to firstname.lastname@example.org,
1. It is a condition of use of this Website and the Services that a User will not post any Prohibited Content as set out below. Defined terms have the same meaning as set out in our terms and conditions. A User will not:
a. publish falsehoods or misrepresentations that could damage BENCHCAST or any third party;
b. submit Content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage such conduct that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
c. post or encourage an illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
d. submit material that is otherwise subject to third party rights unless the User has the relevant permission to use such material and publish it on the Website;
e. impersonate another person;
f. post advertisements or solicitations of business; or
g. solicit personal information from anyone.
2. Any Content which includes any of the Content set out at clause 1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 1 to be Prohibited Content.
3. BENCHCAST reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and the User’s details to the appropriate law enforcement agencies, removing the Prohibited Content from our Website and terminating the User’s Membership.
4. We reserve the right to terminate access to our Website and our Services if a User is, in our absolute discretion, deemed to be a Repeat Infringer.
5. If a User believes that posted Content contains Prohibited Content, please send us a an email to email@example.com
6. Upon receipt of the email, we will adopt the procedure as set out below: We will consider the notification within 48 hours of receipt. We will assume that the complaint is justified unless it is manifestly frivolous or lacking in merit.
a. If we consider the complaint to be justified, we will remove the Content from the Website and will raise the complaint with the User.
b. If we consider the complaint not to be justified, we will raise the complainant’s complaint with the User but will not remove the Content from the Website. We will inform the Complainant of our reasons for keeping the Content posted.
c. If a User is alerted to a complaint by us via email, the User will have 7 days to respond to the complaint. If the User does not respond to a complaint, we will remove the Content from the Website.
d. If the User considers the complaint to be without merit, the User must respond to the complaint within 7 days and give his or her reasons. Such response will be forwarded by BENCHCAST to the complainant. The complainant will then be able to decide whether the matter is resolved or whether the complainant wishes to pursue alternative dispute resolution or take the matter to the courts.
7. If we consider the Member Submission to include Prohibited Content, we will not repost it, and may act in accordance with paragraph 2.
If the alleged breach is in relation to claimed intellectual property rights of the complainant, and if we consider the Member Submission not to be in breach of this policy, we will suspend posting the Member Submission until such time as complainant and the User either come to an agreement or such a decision is made pursuant to completed alternative dispute resolution.
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