TERMS OF USE

 

Welcome to Dreamkatcher mobile application (“Platform”). The Platform is owned and hosted by Blockbuster Technologies PVT Ltd a company registered under the Companies Act 2013, having its registered office at Thrissur (“Company”, “Our”, “We” and “Us”).

 

Dreamkatcher is a mobile app designed to assist aspiring and established artists, movie makers and investors to generate content with best quality using technology for funding and maintenance. Dreamkatcher is an initiative by Blockbuster Technologies Private Limited. DreamKatcher, along with Blockbuster Technologies Pvt. Ltd., strives to guide and support people who want to associate with Indian film industry. This app helps in bringing together talents in different fields of film making to collectively produce and create a blockbuster. There are many features such as co-producing, voting, talent studio and many more and hence, this app can be considered as a complete package for all those who are passionate about movies.  

 

Your (“You”, “User”, “Customer” as the case may be) access to the Platform and use thereof including but not limited to its interface, contents, third party contents and services through any medium (“Access to Platform”), is subject to the terms provided here below, the (“Privacy Policy”) and such other terms of use elsewhere provided by the Company (“Terms of Use”). Hence we request you to kindly go through these Terms of Use carefully. If you object to being legally bound by these Terms of Use, then we request you to not access or use the Platform and discontinue your visit/registration to/with us.

 

The Terms of Use is provided in accordance with terms of Information Technology Act, 2000, this document is an electronic record, generated by a computer system and is published as mandated by provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011, it does not need digital signatures or authentication.

 

The Terms of Use governs your use of the Platform and Services (hereafter defined). You agree to the Terms of Use by (i) clicking on the “i agree” button or (ii) availing Services, whichever comes earlier. Such action tantamount to your signature to this Terms of Use as a legally bound party and is enforceable like any other written and negotiated agreement signed by you.

 

The Access to Platform and availing Services is strictly limited to individuals/persons who are not barred by laws and regulations of India (“Applicable Laws”) to enter into a valid legally binding contract; such as those who are below the age of 18, who are of unsound mind etc. are not permitted to register in the Platform.

 

SERVICES

The Platform provides the following services to You (“Services”)

 

You can enjoy the following services at DreamKatcher:

 

 

Pitch Room

Good stories and script are the pillars of a good movie. If you have a good script or a story, let the world know it through us. Pitch to us your stories, strong script or even a renewed narrative and let those turn into memorable projects.

Talent Studio

Are you a “star” among your friends? Are you running out of ways to get into the limelight? Worry not. We’re more than happy to help you. By registering in DreamKatcher, you can open the doors for your talents to grab the eyes of the creators. If you are more of a behind the camera person, then this app is also a platform for the directors and producers to seek out fresh talents to be associated with various aspects of film making. So, all the best!

Co-produce

This is an option for those who have yearned to produce a movie but could not, because of huge investment requirements. Here, at Dreamkatcher you will get to choose from a wide array of projects and you can begin investment with a small amount. So, basically without a deep pocket, your dreams can come true!

Creative Sharing

Do you have photos, videos, write-ups or any other creative that you are confident about? You are free to share those with DreamKatcher. You can share your works on your profile; remember, there are many established directors and producers registered in the app who are searching for upcoming talents, you can be the one!

News Feed

Dreamkatcher pledges that none of our registered users will be oblivious to any of the latest news happening in the film industry. You can update yourself just by going through the timeline of this app and get to know about the events, awards and other activities that occur in the industry; along with movie suggestions and things you didn’t know about the industry or films.

Voting

Every individual has his/her favorites in the film industry. So, who is your favorite? Cast your votes through the voting feature of DreamKatcher.

 

Collaborative Film-Making

In this app you will meet many like-minded people who desire to produce good movies. Here, you can join forces with established film makers as well as talented aspirants, share your ideas and subsequently give form to the movie of your dreams. Collaborative film-making will help you to learn, understand and mold yourself and your skills in film-making.

Location & Properties

There are many movies that were appreciated by the movie enthusiasts for its picturesque backdrops and props. Therefore, a perfect location or a unique prop adds up to the beauty of a movie. From DreamKatcher, you can hire a shooting space or property and shoot the desired scene to perfection.

Movie Incubator

Dreamkatcher cares about your movie aspirations and hence sets a platform to guide, mentor and help you out with required resources. You will get the chance to attend workshops and seminars where in you will learn different aspects of the industry and how things are done.

Get Funded

People’s minds are filled with ideas, but not every idea reaches its destination. With DreamKatcher, this won’t happen anymore. This app helps in completing the project in case there’s an inadequacy of funds. Dreamkatcher will bring to you producers who will act as your financial support system and bring your project back on track.

 

*Note: We are right now running the Beta version and hence, services such as Voting, Collaborative Film Making and Locations & Properties won’t be available for the time being.

 

 

INVESTMENT OR DEPOSITS

Will be updating soon !!!

 

PAYMENT

Will be updating soon !!!

 

ELIGIBILITY

 

You understand and agree that: (i) the Services are deemed solely provided in India; (ii) all use of and benefits from the Platform shall be deemed to be received or enjoyed solely within India. The Company controls and operates the Platform and makes no representation that the contents of the Platform are appropriate or available for use outside of India. If you use the Platform from a location outside India you are responsible for compliance with Applicable Laws.

 

You represent, covenant and warrant that, You are legally competent for accessing the Platform and availing of Services from the Platform and You are not a prohibited or illegible user in accordance with Applicable Law. Notwithstanding anything contained in the Terms of Use, the Company reserves the right to terminate Access to Platform and remove any content or information that has been posted on the Platform and/or prohibit You from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason including the reasons stated above, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18 years of age;

 

You further represent, covenant and warrant that You are not impersonating any person or entity, or falsely claiming or otherwise misrepresenting an affiliation with any person or entity, or accessing the accounts of others without permission, forging another person's’ digital signature, misrepresenting the source, identity, or content of information transmitted via the Services, performing any other similar fraudulent activity or dealing with what the Company reasonably believes to be potentially fraudulent funds; while Your Access to Platform and availing the Services.

 

While using the Services you and we agree that either of you and we will not or attempt to repudiate the validity of your instructions relating to the Services or the communications regarding the instructions sent to you by us. Both you and we agree that the instructions, information, communications and/or authorizations given through the Services shall be treated as satisfying any legal requirements for communication in writing.

 

REGISTRATION

 

To fully avail the benefit of Services provided by the Platform, You shall be registered with the Platform. For registration with us, you are required to provide true, accurate and current information as prompted by the Platform, as and when required.

 

The Company reserves its right to deny registration, if You fail to meet the registration criteria. By way of example you shall not be eligible for registration if:

 

You are below 18 years of age or not legally competent to contract;

You fail to meet the eligibility criteria in Article III;

You have been terminated / suspended from accessing the Platform or availing the Services before;

 

Your registration with the Platform results in the formation of an account in your name and you will be provided with a username and password (“Account”). Each username and password must be used by a single user and is not transferable. You are entirely responsible for all activities which occur in your Account, including unauthorized use of your or any other credit card. You must notify the Company, immediately if you become aware of any unauthorized use of your Account, username and/or password. If you forget or lose your password, you shall request a new password.

 

You agree that you shall only register under the same name and credentials even if you create Accounts after the expiry of the first Account. In case the Company decides to delete the Account or debar you from use of the Platform for any reason whatsoever, you shall not directly or indirectly enrol with the Platform again.

 

You agree that you will update the information provided by you while registering with Us, and any other information you provide to Us. You agree that we are not responsible for any failure of Service due to information being incomplete, inaccurate and non-updated.

 

You agree to provide the Company with any information or documents as may be requested by the Company or any other authority without any protest for the purpose of enabling the Company and/or authority to verify the accuracy of the information provided by you and conformity of your use of the Platform with these Terms of Use.

 

You shall be fully responsible for all use and for any actions that take place using your Account.

 

By registering with our Platform, You agree to receive promotional and non-promotional messages, calls and mails from the Company or on behalf of the Company. In the event if you wish to unsubscribe to such promotional message and mails, you shall have the option to do so.

 

PRIVACY POLICY

 

The manner in which we deal with the information created due to Your Access to Platform and availing of our Services is provided in the Privacy Policy;

 

LINKS TO OTHER WEBSITES

 

This Platform contains hypertext links to websites not maintained by us, including the third party e-commerce sites. You are reminded that when you enter other websites via such hypertext links, you will not be subject to Terms of Use and you will not benefit from the protections afforded to you in using the Platform. We will not be liable in any way for the content, availability or use of such linked web sites and you use such links entirely at your own risk.

 

USE OF THE PLATFORM

 

You understand that except for information, products or services clearly indicated as being supplied by the Company, we do not operate, control, or endorse any information, products or services on the Platform in anyway. You also understand that Company cannot and does not guarantee or warrant that files available for downloading through the Platform will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.

 

You may be permitted to upload or post information, data, text, messages, reviews, audio/video files, photos or other materials on the Platform ("User Content"). Please note that the Company does not undertake to pre-screen User Content. However, the Company may periodically examine the information transmitted or received through the Platform and deal with or modify such information transmitted or received through the Platform as may be deemed necessary by the Company in accordance with reasonable security practices from time to time. You shall be bound by any such actions or decisions of the Company.

 

You are entirely responsible for all User Content that you upload post, email, transmit or otherwise make available via the Platform. The Company does not control the content posted via the Platform and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Platform.

 

You shall be solely responsible for all User Content and shall be liable for any injury, damage and consequences that may arise due to posting such User Content. You are hereby advised to make all inquiries that you may deem necessary prior to availing any services or uploading any User Content. The Company will not be liable to the User or any other person in any way for any costs or consequences due to the User Content that is made available in the Platform.

 

You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the Platform. You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Platform through an Internet access provider or other third-party service, including any applicable taxes.

 

You shall not use any part of the Platform for any commercial activity whatsoever, or engage in any business, trade or vocation whether competing in nature in relation to the business of the Company without the prior written consent of the Company, including, for example, inserting your own or a third party's advertising, branding or promotional content, promoting a political party/agenda, promoting a religion/religious group, promoting a website or application competing with the Platform into the Platform's contents, materials or services or in the User Content, in any manner whatsoever.

 

We may as part of the Platform, display advertisements, promotions, offers, enrolments, provide links to third party websites with whom the Company may have a business or contractual relationship for which the Company may or may not receive monetary gain. However, any engagement of yours with such third parties is at your sole risk as to costs and consequences. The Company has not examined or evaluated the content, accuracy, completeness, legality, decency, quality or any other aspect of such third party websites. The Company shall also not be responsible or liable in any manner for any losses suffered or costs incurred by the User arising out of or in relation to any such engagement with third parties or third party websites or any transaction that you may enter into pursuant to use of the Platform.

 

Prohibited Use of Platform

 

You agree not to use the Platform/Services to:

 

upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

impersonate any person or entity, including, but not limited to, Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;

 

stalk” or otherwise harass another User; or

 

Collect or store personal data about other Users.

 

While Access to Platform or availing Services, You agree not to host, display, upload, modify, publish, transmit, update or share any information that:

 

belongs to another person and to which You do not have any right to;

 

is grossly harmful, 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 whatever;

 

harm minors in any way;

 

infringes any patent, trademark, copyright or other proprietary rights;

 

violates any law for the time being in force;

 

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

impersonate another person, contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

 

threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

TERM AND TERMINATION

 

The Account expires once terminated by either You or Us. We may terminate the Account for reason or when the business model of Platform is changed.

 

You agree that any unauthorized use of the Platform, (or any Content derived therefrom) by you or by anyone using your username or password may result in immediate suspension or termination of your Account by the Company, in its sole and absolute discretion. You represent and warrant that the information provided during the registration process is true and accurate and agrees to update the information thereafter in the event of any changes. The Company reserves the right to terminate your Access to Platform in the event that you provide any false information to the Company as part of the registration process, without refund of any fees. In the event of such termination, you will continue to be liable for remedies as to which the Company may be entitled under law or equity.

 

Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.

 

Upon expiry or termination for any reason, you agree to immediately stop availing the Services. On termination We may also cancel any Ticket or Merchandise order. The Company may also refuse to honour pending and future purchases made from all Accounts we believe may be associated with You or exercise any other remedy available to us.

 

LIMITATION OF LIABILITY AND DAMAGES

 

In no event will Company or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to, this Terms of Use; Access to Platform, the Services, the Platform or any reference site, or Your use or inability to use the Services, the site (including any and all materials) or any reference sites; even if Company or a Company authorized representative has been advised of the possibility of such damages.

 

In no event will Company or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to this Terms of Use, the Services or your use or inability to use the Services or the Platform, any other interactions with Company, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amounts paid by You to the Company for such particular Service.

 

You further acknowledge and agree that Company has offered its Services, and entered into this Terms of Use in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Company, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Company. Company would not be able to provide the Services to you on an economically reasonable basis without these limitations. In anycase, Company’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless Company, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from and against liabilities, costs, damages and expenses, including but not limited to settlement costs and reasonable attorneys' fees arising from any claims from anybody that result from or relate to your use, misuse of the Services or Access to Platform, third party intellectual property infringement claims with respect to User Content and any violation by you of this Terms of Use or any breach of the representations, warranties, and covenants made by you herein.

 

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, including rights to settle, and you agree to cooperate with Company’s defense and settlement of these claims. Company will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

 

REPRESENTATIONS AND WARRANTIES; DISCLAIMER

 

You understand, agree, covenant, and warrant that:

This app is just a mediator and hence, is not responsible for any personal or project related issues that might arise between the two parties.

We are not responsible for the production, script or release of the project.

The app will try its maximum to protect any data provided by the users; however, the app is not responsible for any data leakage done by any of the parties.

We do not guarantee any of our users 100% results as it all depends on the individual talent and other aspects that are not related to the app.

This app is just a platform for the interaction of the users and hence, the relation between the two parties solely relies on each other and not the app.

We can only look into the technical errors that occur in the app and not the issues that occur in the projects..

The app does not provide any representation or warranty regarding the proceedings of the project.

You will be contacted by us only for enquiring about the quality of the app and user feedback.

To the fullest extent permissible under the applicable law, Company and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Company or through the Services or the Platform will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “Company” includes Company’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies.

 

Access to and use of this Platform is at the User's own risk and we do not represent or warrant that the use of this Platform or any material downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection. In no event do we accept liability of any description including liability for negligence for any damages whatsoever resulting from loss of use, data or profits arising out of or in connection with the access, use or performance of this Platform or any its contents.

 

Notwithstanding anything contained in the Terms of Use, You agree that the registration with us does not mandate continuous service from us and that the Company may unilaterally terminate Your registration and delete any information that you may have created during the Access to Platform or registration.

 

The Company is not responsible for the actions or information of third parties including but not limited to the theatres, and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim you may have against any such third parties.

 

Temporary Withdrawal of Service

 

We do not warrant that the Service will be uninterrupted or error-free or that defects in the site will be corrected. The Services and the Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the Services and the Platform are provided on an “as is” and “as available, ”with all faults” basis and without warranties or representations of any kind either express or implied. Company, and its third party suppliers, licensors, and partners do not warrant that the data, Company software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

 

In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with the Platform and the Services, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Platform for such reasonable period as may be required to remedy, address or resolve the system issue.

 

OWNERSHIP; PROPRIETARY RIGHTS AND LICENSE TO USE

 

All the intellectual property and proprietary rights in the Platform including but not limited to the contents therein such as visual, audio and the other interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the forming a part of the Platform or the Services are owned by the Company or third party service providers, licensors or suppliers and are protected by applicable laws.

 

You agree not to remove, obscure, or alter Company’s or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services or through the use of the Platform.

 

You hereby grant the Company a perpetual, irrevocable, royalty free, non-exclusive, transferable, sub-licensable, worldwide right and license to use, modify, the User Content, in any manner.

 

We reserve the right to modify, suspend or stop the Platform and/or Services.

 

MISCELLANEOUS

 

Entire Agreement and Modification

 

We reserve the right to modify the Terms of Use at any time without giving any prior notice. Your use of the Platform following any such modification constitutes an agreement to follow and be bound by the Terms of Use as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/or to specific areas of this Platform or to particular Service or to Access to Platform are also considered as Terms of Use and the same shall be modified by the Company without giving any prior notice. You are requested to read the Terms of Use in a timely manner to be informed of the modifications.

 

If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services or use of the Platform. For certain changes, Company may be required under applicable law to give you advance notice, and Company will comply with such requirements.

 

Force Majeure

 

We shall not be in breach of its obligations under this Agreement if there is any total or partial failure of performance of our duties and obligations occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any energy or other supplies, labor disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our control.

 

Headings

 

The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

 

Notice

 

Company may provide you with notices and communications by email, regular mail or postings on the Platform or by any other reasonable means. Except as otherwise set forth herein, notice to Company must be sent by courier or registered mail to “contact@dreamkatcher.com

 

Waiver

 

The failure of Company to exercise or enforce any right or provision of this Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by Company.

 

Governing Law and Forum for Disputes

 

All the contents and Services provided by us and available through Platform and any dispute with regard to the Access to Platform shall be governed by the laws of India, without giving effect to any principles of conflicts of law. We are not making any representation as to availability and legality of the Access to Platform and Services in other jurisdictions; in cases where our contents and Services are used from other locations Company shall not be responsible for the compliance of applicable laws. In the event of any claim or dispute You agree to submit to the personal jurisdiction of the courts located within Cochin, India for the purpose of litigating all such claims or disputes.

 

Severability

 

If any provision of Terms of Use is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Terms of Use to the minimum extent required, and the remaining provisions will remain valid and enforceable.

 

Grievance Officer Contact Details

contact@dreamkatcher.com

9072445111