Welcome to Pick-a-Boo’s Terms of Use. This legal agreement is an electronic record in terms of the Information Technology Act, 2000, Information Technology (Amendment) Act, 2008 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Application.
This Application is created and operated by M/s Motion Scope AI Technologies LLP, (hereinafter referred to as “We”, “Our”, and “Us”) having its registered address at “L1001 Concorde Manhattans, Neeladri Road, Ecity Phase 1, Bangalore, Karnataka-560100”, and doing business as “Pick-a-Boo” (“Trade name”). We intend to ensure your steady commitment to the usage of this Application and the services provided by us through our Application “Pick-a-Boo” (“Application”).
For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Application. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this Application provided by us and who are competent (including but not limited to an individual above 18 years of age) to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application or individual apart from the Users and the creator of this Application.
GENERAL TERMS
The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the Application.
The use of this Application is solely governed by these Terms of Use, the Privacy Policy that may be uploaded on the Application and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this Application, you are agreeing to comply with and be bound by the following Terms of Use and Privacy Policy. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Application, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting any part of the Application constitutes your full and final acceptance of these Terms of Use and the Privacy Policy.
We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Application at once. Your continued use of the Application will signify your acceptance of the changed terms.
APPLICATION OVERVIEW
The Application is an online intermediary platform, connecting the creators and individual talent, together called as Users for their upcoming and ongoing projects. The hirer can hire individual talent for movie and short video creators/producers to search, shortlist and hire individual talent across actors, writers and other technical roles like actor, actress, screenwriter, cameramen, editors, technical staff etc. The platform also facilitates user-aspirants to find roles and jobs in movies by connecting with creators, producers and casting directors through our Application.
The functionality of the Application provides services related to job postings, shortlisting and hiring by various casting agents, consultancies and individual content producers. The platform also provides a separate section on the Application by various professionals including actors, artists, makeup artists, technicians, dancers, editors etc. with all the required subject contents including postings, assignments and other similar materials.
REGISTRATION
Registration on the Platform is mandatory for Users of the Application. The Users can register by providing the following information:
- Name
- Date of Birth
- Phone Number
- Email ID
- City
- Address
The user may be further required to provide additional information relating to the job specifications which include Age, location, Height, Weight, Ethnicity, Language, Past Experience, other supporting documents and artifacts for prior projects. Registration will be for lifetime.
PAYMENT GATEWAY
For making all payments for services on the Application, you shall be required to make payment for which you will be redirected to a third-party payment gateway with which we may have an agreement. The payment gateway may additionally seek information from you to process the payment for your purchase and may charge you the applicable gateway charges. The payment gateway consists of Debit Card, Credit Card, Net Banking, UPI and other wallet options. You shall be governed by the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
ELIGIBILITY
You represent and warrant that you are competent and eligible to enter into legally binding agreements and are of age (18 and above), and that you have the requisite authority to bind yourself to these Terms of Use as per Indian laws. If you are a minor using this Application, you may do so with the consent of your legal guardian. All acts of a minor shall be deemed as acts undertaken under the supervision of their legal guardian.
You further represent that you will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations. You shall not use the Application if you are not competent to contract or are disqualified by any applicable law, rule or regulation.
CONTENT
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’) is generated or provided based on information supplied by Users or third parties, and we have no control over and make no guarantees regarding the quality, accuracy, integrity or genuineness of such Content or information provided on the Application. All Content is subject to copyright and shall not be reused by You (or a third party) without prior written consent from us and the copyright owner.
You are solely responsible for the integrity, authenticity, quality and genuineness of any Content you provide on the Application. While feedback and comments can be submitted, we bear no liability for any feedback or comments made by other Users. We reserve the right to suspend or terminate any User’s account if their submitted Content is found to be untrue, inaccurate, misleading or offensive.
INDEMNITY
You agree to indemnify, defend and hold harmless us and our directors, officers, employees, suppliers and agents (collectively, “Parties”) from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and interest) arising out of or related to your breach of these Terms of Use.
You further agree to hold us harmless against any claims by third parties arising out of your use of the Application, violation of these Terms of Use, or any other wrongful conduct.
In no event shall we be liable for any special, incidental, indirect, consequential or punitive damages, including loss of use, data or profits.
LIMITATION OF LIABILITY
We are not responsible for any consequences arising from events such as connectivity issues, incorrect data entry, delays in communication, service deficiencies, errors or bugs in the Application, or any misuse of your information. The Application accepts no liability for any errors or omissions on our part or any damage caused to you, your property, or any third party resulting from the use or misuse of the Application.
TERM
These Terms of Use shall remain in effect as long as you access and use the Application. You may terminate your use at any time, and we may suspend or terminate your access at our sole discretion without prior notice.
TERMINATION
We reserve the right to unilaterally terminate your access to the Application, with or without notice, for any reason including breach of these Terms of Use. Suspension or termination of access does not preclude us from pursuing any other remedies available to us.
COMMUNICATION
By using this Application and providing your contact information, you agree to receive calls, e-mails, or SMS from us or our representatives regarding your use of the Application. You further consent to the disclosure of your information as necessary to enforce these Terms of Use and the Privacy Policy.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree to provide genuine credentials during registration and maintain the confidentiality of your account password. You are solely responsible for any misuse of your account. You also agree to use the Application only for lawful purposes and not to reproduce, modify, or distribute any information obtained from the Application without prior written permission.
You further agree that any content you post on the Application is your sole responsibility and that we have the right to remove any material deemed offensive or misleading.
FORCE MAJEURE
We will not be liable for any delay or failure to perform our obligations if such delay or failure is due to events beyond our control (e.g., acts of war, natural disasters, or technical failures).
DISPUTE RESOLUTION AND JURISDICTION
In the event of any dispute arising out of or in connection with these Terms of Use, the parties shall attempt to resolve the dispute through mediation administered by the ICA. If mediation fails, the dispute shall be resolved by arbitration conducted in English, with Bangalore, Karnataka, India as the seat of arbitration. These Terms of Use are governed by the laws of the Republic of India.
MISCELLANEOUS PROVISIONS
These Terms of Use constitute the entire agreement between you and us regarding the use of the Application. Any waiver or failure to enforce any provision of these Terms of Use shall not be deemed a waiver of any other provision. If any provision is deemed invalid or unenforceable, the remaining provisions shall continue in full force.