Script a Hit

Terms Of Use

This website belongs to SCRIPT A HIT PRIVATE LIMITED and SCRIPT A HIT PRIVATE LIMITED welcomes you to this internet site, it’s applications and services provided by SCRIPT A HIT PRIVATE LIMITED (collectively, the “Services”). These Terms of Use (“Terms of Use” or “Agreement”) govern your access and use of the Services provided by SCRIPT A HIT PRIVATE LIMITED and any of its subsidiaries, affiliates, brands and entities that it controls (collectively (“Script A Hit”, “Site”, “we”, “us”, or “our”). PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. This Agreement governs only the content, features, and activities related to this Site.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and Script A Hit. In this Agreement, the term “Site” includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or back websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services including but not limited to the Publishing & IP Assignment Agreement, User Submission Agreement which govern the “User Content” as defined hereunder (“Additional Agreements”).

The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever (collectively “user”, “you”, “your” or “yourself”). This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and we reserve the right, at any time and from time to time, at our sole discretion, to change the terms of this Agreement. We will post notice of such changes to this Agreement and Additional Agreements on the Site. If you object to any such changes, your sole recourse shall be to stop using the Site. Your continued use of the Site following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

“User Content” means and refers to any and all content, media and materials you submit for display,/ viewing & assessment on the Site using the ”Console” as defined in the User Submission Agreement, including, without limitation, ideas, concepts, manuscript for a story; short and/or long stories, of all genres as well as any accompanying documentation or other materials, either in tangible or intangible form and all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where created, whether the characters are real or fictional, in any part of the world.

“Post” or “Posting” means and refers to any and all the information, ideas, opinions, messages, comments, suggestions and /or other information that you submit, post, display, transmit and /or exchange using the opportunity and means provided by this Site, to participate in forum services, blogs, web communities and other messages and communication facilities. User Content is also considered a “Posting”, and therefore, all terms and conditions contained herein shall apply to all terms and conditions contained within this Agreement. You are solely and entirely responsible for the consequences of all Postings that you upload and otherwise make available on the Site. Postings are not reflective of the Site or Script A Hit and are solely the user’s views, ideas, opinions, or other information.

1. User Registration

You are responsible, for obtaining and maintaining at your own cost, all equipment and services needed for access to and use of the Services and the Site. We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain Services and features or functions of the Site. You may be providing certain personally identifiable information (“Personally Identifiable Information”) about yourself. You agree that we may use any information that we obtain about you in accordance with the Privacy Policy. If you elect to register with the Site, you agree to: a) provide true, accurate, current and complete information as prompted by the registration form; and b) maintain and update such information to keep it true, accurate and current, and complete at all times. Your user name and password are personal to you and you shall not allow any person other than yourself to use the same under any circumstances. We are not liable for any harm caused or related to the theft, disclosure or misappropriation of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

2. Your Responsibilities

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all acts and omissions that occur in, from, through or under your user name or password you shall not use, allow, or enable others to use the Site, to:

• violate any local, state, national, or international law or regulation, judicial or governmental order, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or any other person; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• host, display, upload, modify, publish, transmit, update or share any information that:
  
  1. belongs to another person and to which you do not have any right to;
  2. b)is grossly abusive, harmful, tortious, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the address about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting of any other nation.

• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, or so-called “spamming” or “phishing”, chain letters, pyramid schemes, or any other form of solicitation;
• transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files of programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• stalk, harass, or harm another individual, including by revealing the real name of any fellow user that has chosen to use an alias on the Site;
• impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• use any ‘robot’, ‘spider’, ‘rover’, ‘scraper’ or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Site, our network or databases;
• interfere with or disrupt the Site or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
• Further you represent and warrant that:
  
  1. the Posting does and will not, in any way, violate or breach any terms of this Agreement;
  2. we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting, unless specifically so stated in any Additional Agreement(s);
  3. your User Content and our authorized use of the same do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights); and
  4. you have the right to grant the Site and Script A Hit the right to use all such names, logos, brands, service or trade mark, sound, likeness or image of any person, firm or enterprise that are incorporated in your Postings;

3. Postings

If Postings originate from you or your account, you hereby understand, acknowledge and agree: a) that you specifically authorize the Site and Script A Hit to use such Postings in whole or in part, worldwide, in perpetuity and in any and all media now known or hereinafter devised, alone or together with or as part of other information, content and /or material of any kind or nature; b) we have the right to delete, re-format and/or change your Postings in any manner we deem fit (although you will not be responsible for any such changes made); c) we do not assume any responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings; d) Posting, except User Content posted on the Site and paid for, may be exploited commercially and Script A Hit shall endeavour to promote or generate revenue; and e) any request for removal does not ensure complete or comprehensive removal of the content or information from this Site. For example, content that you have posted may be republished or reposted by another user or third party. Please refer to the Privacy Policy regarding how you may delete certain information.

Postings do not reflect the views of the Site or Script A Hit. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgement, that any Posting does or may violate any of the terms of this agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to a) refuse to allow you to Post; b) remove and delete Postings; c) revoke your right to use the Site; and/or d) use any technological, legal, operation or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.

4. Payment, Cancellation and Refund Policy

Upon registration, you would be able to avail our Services and chose the specific Service you wish to avail, including those Services that are available upon making the specified payments. Script A Hit shall be solely responsible for collecting and processing payments, no requests for refunds will be entertained. Script A Hit shall establish appropriate arrangements with payment gateways, e-wallets and other similar service providers to receive or effect payments from users for the purchase of the Services.

Script A Hit shall not refund any amounts received upon a successful transaction and the content has already been submitted. However, should the content be incomplete, morphed or otherwise not readable or comprehendible to the eye, then Script A Hit shall, within 24 hours of receipt thereof, permit re-submission of the content suitably to address the issue. Should Script A Hit be unable to rectify the technical error within 24 hours, then Script A Hit shall entertain requests for refunds.

Script A Hit shall endeavour to address all requests for refunds within 24 hours of receipt of such requests for a refund. However, depending upon the jurisdiction of the transaction or your residence, the monies may reach your account anywhere between 7 – 28 working days. Script A Hit calculates and reconciles the revenues at the close of every calendar month and thus, all requests for refunds shall certainly be entertained and addressed towards the end of every calendar month, in the event that the same were not addressed previously.

Script A Hit shall share the details of the commercial conversion, if any, relating to the User Content submitted by you and the total amounts, if any, become due and payable to you and send the same into you via your preferred mode of communication and/or account. You may have to disclose certain additional other Personally Identifiable Information such as the requisite payment particulars, including UPI Address, VPA, Bank Account Details, Credit or Debit Card Numbers, and so forth, in order to enable Script A Hit to debit the said due and payable sums.

If you do not receive the remittance advisory in your preferred mail box by Fifteenth day of the month] of a successful transaction, Script A Hit can be reached at billing@scriptahit.com where the transaction details with reference particulars can be mentioned and sent. Script A Hit shall ensure the remittance details are sent to the users.

5. Ownership of Intellectual Property

The contents of this Site, including all Site databases, proprietary information, articles, software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, compilation, arrangements, sequence and ‘look and feel’ and all trade marks, service marks and trade names; patents, designs, algorithms and other industrial property rights including “logos”, “rental” rights and rights to remuneration, whether arising by operation of law, contract, license or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues here now or hereinafter in force (including any rights in any of the foregoing) (individually and/or collectively “Material”), are the property of Script A Hit, and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers and operational service providers and are legally protected, under Indian and foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly state so in writing, the term “Site” includes “Materials” as well.

Further, we own all the rights, title and interests in any compilation, collective work, adaptations, translations and/or any other derivative work created by using and/or incorporating your User Content, particularly if it is governed by any of the Additional Agreements (excluding your original content / User Content). You grant us and our users an irrevocable, non-exclusive, royalty free or fully paid (as applicable), perpetual right and license to distribute User Content, directly and through third party distributors, regardless of the medium, format or form, now known or hereinafter developed or discovered, including but limited to the digital formats by all digital distribution means available.

We respect and protect intellectual property rights, both our own and others. Accordingly, we employ multiple measures to prevent intellectual property infringement over this Site and to promptly end any infringement that might occur. We have a policy of removing User Content that violates any intellectual property right; suspend access and/or terminate the account of any user who uses to the Services and/or the Site to violate any intellectual property rights. If you believe that the Site contains elements that infringe your intellectual property rights, please send a written notice containing a statement of the alleged infringement to our agent listed below:

Jaishankar Krishnamurthy, 1042, Prestige Brooklyn Heights, Kanakpura Main Road, JP Nagar Phase I, Bangalore 560078, email address: info@scriptahit.com and telephone number +919606236008

Your written notice must: a) contain your physical or electronic signature; b) contain a statement, under penalty of perjury, that you are the owner or the authorized signatory of the owner and believe that the Material on our Site is infringing in nature; c) contain a statement that the information contained in the written notice is accurate; d) identify the original intellectual property or rights thereto, claimed to be infringed; c) identify the allegedly infringing Material to enable us to locate the Material; and e) contain adequate information by which we can contact you (including postal address, telephone number and email address).

If you are a user whose Post was removed or access to it disabled, and you believe that the same was removed owing to a mistake or a misidentification, then please send us a notice to the aforementioned address. Your notice may contain the same information as is required in items a) and e) above in addition to i) identification of the Material that has been removed or disabled along with it’s location on the Site and ii) a statement, under penalty of perjury, that the Material has been removed owing to a mistake or a misidentification.

6. Commercial Use

You may not copy, reproduce, publish, make derivative works, resell, distribute, or make any commercial use or non-commercial use, any User Content, content, stories, databases or materials available through our Services or Site. You may not copy or download, without authorization, sell, sub-license or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted) or the communications protocol for accessing the Services, the Site or other Material on the Site. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.

7. Disclaimer and Limitation Of Liability

THIS SITE, MATERIALS, SERVICES, USER CONTENTS AND POSTINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU EXPRESSLY AGREE THAT USE OF THE SAME IS AT YOUR SOLE RISK. THE SITE,SCRIPT A HIT OR IT’S AFFILIATES DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE THAT THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, OR OPERATIONS WILL BE AVAILABLE OR UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE SITE, OR AS TO THE FITNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT THE DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR THROUGH THE SERVICES OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, WILL WE, OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT) USE OF THE SERVICE OR THE SITE. FURTHER, UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID OR DUE TO US (IF APPLICABLE) FOR A PERIOD OF SIX MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.

In those jurisdictions that do not permit exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, our liability shall be the minimum permitted under such applicable law in such jurisdictions.

8. Indemnification

You agree to indemnify, defend and hold the Site, Script A Hit, it’s officers, directors, employees, licensors, affiliates, subcontractors, successors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) breach or violation of this Agreement or public posting of your Postings. We reserve the right, at our expense, to assume the exclusive defense and control of any matter and all negotiations for settlement or compromise, including those otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

9. Privacy

We respect your privacy and the use and protection of your Personal Identifiable Information will be subject to our Privacy Policy. Please see our Privacy Policy for important information and disclosures regarding the collection and use of your Personal Identifiable Information in connection with your use of the Site.

10. Relationship

Neither party shall be deemed an employee, agent, partner or legal representative of the other for any purpose, and neither shall have or represent that it has any right, power or authority to bind the other or to assume or create any obligation or responsibility under law expressed or implied on behalf of the other or in the name of the other unless provided in this Agreement or Additional Agreements.

11. Notices

You agree to communicate with us electronically. Your affirmative act of registering, using or logging into the Services and the Site constitutes your acceptance to this Agreement. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY, AT OUR DISCRETION, EITHER I) VIA EMAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS; OR 2) BY POSTING THE NOTICE ON THIS SITE. The delivery of any Notice is effectively when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Services and the Site. In case you wish to send us a notice, you may communicate electronically at the below mentioned email address:
info@scriptahit.com

12. Governing Law and Jurisdiction

This Agreement together with the Additional Agreements constitute the entire and exclusive and final statement of the agreement between you and us regarding use of and govern your use of the Services and the Site, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between this Agreement and any other agreement, this Agreement shall govern.

This Agreement and your use of the Services and the Site shall be construed and enforced in accordance with the laws of India, without regard to its conflict of laws principles. You specifically agree to submit to the sole and exclusive jurisdiction and venue of Bangalore and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non convenience or otherwise. Our failure to exercise or enforce any right or provision of this Agreement or Additional Agreements shall not constitute a waiver of such right or provision.