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Terms of use and privacy policy

YOUR USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. 


This Terms of Use (“TOU”) and Privacy Policy is a binding legal agreement between Horses Productions Private Limited (“HPPL/Us/Our/We/Company”), a Company incorporated under the Companies Act, 2013, having its registered office at Flat No. A-1601, 16th Floor, 36/1 Bandapura Village, Azure Block, Brigade Exotica Apartments, K. R. Puram, Bangalore, Karnataka-560049, India, the owner and operator of https://thefalcons.show/ (“Website”) and you (“you/your/user/viewer/participant/ contestant”), a user of the Website. 

HPPL is a for-profit entity headquartered in Bangalore, India. The Falcons Show, is a project of HPPL, which aims at rendering a reliable and innovative platform for the facilitation of open communication between businesses and potential investors (“FS”). For the purposes of this TOU and Privacy Policy, HPPL shall mean and include FS and its investors (or falcons) and partners.

BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS TOU AND PRIVACY POLICY, AS UPDATED FROM TIME TO TIME AND WHICH ARE INCORPORATED HEREIN. IF YOU CHOOSE TO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE. 

 

WEBSITE 

 

  1. The term “Website” includes the content on the Website, the rules of FS, episodes of various seasons, media content, and all services provided and content displayed on the Website (the “Website Services“). 
  2. Your use of certain Website Services, features, functionality or programs (including, without limitation promotions, wireless marketing opportunities, blogs etc.) offered on or through the Website may be subject to additional terms and conditions, and before you use any such Website Services, features, functionality or other programs you may be required to indicate your acceptance of such additional terms and conditions. 
  3. The information which is displayed on the Website shall be treated as general information which can be accessed as per the terms of this TOU.
  4. Any person accessing the Website who has not attained the age of majority, i.e., 18 years, shall be considered as a minor for the purposes of this TOU and Privacy Policy (“Child User”). 
  5. For the purposes of this TOU and Privacy Policy, every parent and/ or legal guardian of a Child User, shall be referred to as “Guardian”. 
 
 

CONSENT

 

By accessing and using this Website, you provide your specific consent to the Website to use and collect the information provided by you. Please note that for any information provided by you on the Website, it will be deemed that:

 

  1. You are above 18 years of age and if below 18 years of age, you have sought and obtained Guardian’s consent and guidance before accessing the Website and/ or sharing the pitch video/ script or posting any query;
  2. Protection of Child Users’ personal information is of paramount importance to us. All Guardians shall be primarily responsible to entirely review and abide by the TOU and Privacy Policy and fully ensure that the same is adhered at all the times while authorizing the access of the Service to the Child Users. All personal information provided which includes full name, email address and gender must be from a Guardian;
  3. The Guardians of Child Users agree and undertake that the participation, photography, videography, involvement in promotional activities by the Child User for FS (on whose behalf they have accessed/ guided for accessing this Website), does not constitute ‘employment’ and does not fall under the scope of the provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended from time to time) and any rules/ regulations made therein;
  4. You understand that you have provided specific consent to HPPL to lawfully collect and process your submissions; 
  5. You have read and understood the provisions of the TOU and Privacy Policy and are aware that the collection and processing of your submissions will be subject to the same;
 
 

INTELLECTUAL PROPERTY

 

  1. The ownership of the content of the Website along with all text, graphics, audios, videos, designs, screen shots, logos, images, copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights are vested in HPPL unless otherwise indicated. All rights in relation to such works shall be reserved with HPPL and shall be its sole property.
  1. Content on the Website is for personal use/ use pursuant to FS rounds only and may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained on the Website for any other purpose shall constitute a violation of the copyright of HPPL and / or its affiliates or associates or of its third-party information providers. 
  2. Unless you have otherwise obtained HPPL’s written permission, you agree not to copy, reproduce, stream, capture, record, access through technology in the form of capturing photograpFS/ screenshots through the mobile/ laptop/ desktop or any other technology used to access this Website,  transfer,  sell,  resell,  upload,  archive,  license  to others,  edit,  modify,  reverse engineer, decode, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Website, its content, Website Services or any component or part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of HPPL and/or its licensors and a violation of these TOU and may subject you to civil and/or criminal liability under applicable laws.
  3. You shall not represent/ upload/ present before the potential investors/ falcons of FS, any pitch/ business idea that is not your own and/ or that is likely to or does infringe the intellectual property rights of any person. In such cases, you agree that the Company/ FS and its falcons (investors) shall rely upon your representation and that you shall be liable to indemnify them in case of any infringement claims, etc.  
 
 

LICENSES GRANTED TO YOU

 

Subject  to the  provisions of the TOU and Privacy Policy (including,  without  limitation to  the  Intellectual Property Rights set forth), HPPL hereby grants you, if and only to the extent the necessary functionality is provided to you, on or through the Website, the following limited, revocable, non-exclusive, non-transferable,  non-assignable, worldwide, royalty-free rights and licenses (each a “License” and collectively “Licenses”): 

 

  1. the License to access, view and otherwise use the Website for your personal, non-commercial, purposes related to FS  and its rounds, for lawful use only, as intended through the normal Website Services; 
  2. License to use any other functionality expressly provided by HPPL on or through the Website Services, for use by users, subject to this TOU and Privacy Policy.

Neither of the Licenses granted under this TOU and Privacy Policy shall entitle the user/ participant to cause a duplicate entry and utilise the already accessible content on the Website in such subsequent entry through duplication. 

 

PRIVACY POLICY

This Privacy Policy is adopted by the Company to manage, save and handle the data with respect to its Website: https://thefalcons.show/

The Website recognises the importance of maintaining your privacy, and value and appreciate your trust. This Privacy Policy describes how we treat user information we collect on the Website and other offline sources including without limitation the shooting of the episodes for FS. This Privacy Policy applies to current and former visitors to our Website and to the participants of FS and their legal guardians in case of participants below the age of 18 years. This Privacy Policy shall be read in conjugation with the TOU provided herein-above. By visiting and/or using our Website, you agree to this Privacy Policy.

Information we collect:-

  • Information you post: We collect information you post in a public space or on a third-party social media site/ platform, belonging to/ concerning FS/ the Website.
  • Information shared through the entry forms: We collect and store the information shared through the entry forms for the purposes of communications and other purposes in relation with the FS rounds. 
  • Other information: If you use our Website, we may collect information about your IP address, browser and duration of usage of our Website. We might also collect the type of mobile device you are using, and the version of the operating system of your computer or device. We make no attempt to link these addresses with the identity of individuals visiting our Website, unless an attempt to damage the Website, or the reputation of HPPL/ FS and/ or its officers/ directors/ affiliates/ investors and partners of FS, is suspected.
  • Child Users’ information: We do not disclose the personally identifiable information of any Child User to third parties for any marketing or promotional purposes [Legasis Comment: Company to confirm]. We may disclose de-identified and/or anonymized aggregated Child User information for any other purpose as permissible by applicable law, for example, the distribution of de-identified user records to outside researchers or the distribution of reports containing aggregate user demographic and traffic patterns, provided that no individual Child User or any specific end-user device can be readily identified.

We collect information in different ways:- 

  • We collect information directly from you: We collect information directly from you when you register for FS through the entry forms and/ or share the pitch videos. We also collect information if you post a comment on our Website or contact us through phone or email, for communication purposes.
  • We collect information from you passively: We use tracking tools like browser cookies and web beacons for collecting information about your usage of our Website. We use cookies to make the Website easier to use and to deliver a personalised experience on our Website. Cookies are used to help speed up your future activities and your experience on the Website. 

The cookies you consent to, are also used to collect your personal data for the use of FS and we will not share your details with any advertiser or advertising concern [Legasis Comment: Company to confirm]. We use cookies to compile anonymous, aggregated statistics that allow us to understand how FS participants use our Website and to help us improve their structure and content.

Cookie management:-

There are many ways to manage your cookies:

  • You can refuse your consent; or
  • You can disable HPPL or third-party cookies by use of your browser’s cookie settings; or
  • You can use our cookie management tool to disable HPPL or third-party cookies.

Most internet browsers are initially set up to automatically accept cookies. If you do not want our Website to store cookies on your device, you can change your browser settings in order to receive a notification before certain cookies are stored. You can also adjust your settings so that your browser refuses most of our cookies and only accepts certain and/ or necessary cookies. You can also withdraw your consent to cookies by deleting the cookies that have already been stored. However, disabling cookies might impact your experience while on the Website, like restricting the use or facilities that you may avail through the same.

Use of your personal information:-

    • We use information to contact you: We might use the information you provide to contact you for the purposes of FS (including, without limitation, discussions and guidance regarding the pitch video/ business idea draft/ rounds of FS) and/or the development of the Website for best user experience. 
    • We use information to respond to your requests or questions: We might use your information to communicate with you, with respect to your queries and/ or requests. 
  • We do not use information for marketing purposes [Legasis Comment: Company to Confirm]. 
  • Other purposes: We use information as otherwise permitted by law.
 
 

Period of storing information:-

Company will retain your information no longer than it is required for the purposes for which the information may lawfully be used or is otherwise required under any law in force. In some cases such information must be kept for considerable periods of time, including, without limitation, until the resolution of disputes, if any, and/or the termination of participation in FS and/or the receipt of investment when the participant’s business idea has been approved by the investors/falcons. Retention periods will be determined for each information that is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable opportunity. We design our Website Services in a manner in which we will hold your information till required. 

Sharing of Information with Third-Parties:-

Any personal data provided to or collected by HPPL via cookies and other tracking technologies is controlled by HPPL and third parties engaged by HPPL, as provided below: 

  • We will not share your data for any other purpose unless it is related to or in furtherance of the rounds of FS. [Legasis Comment: HPPL to confirm] 
  • We will never sell your personal information. 
  • We do share it with others in these ways: 
  1. When you post a public comment. 
  2. When we use other companies to power FS, like digital distribution partners/ broadcasters, sponsors and when your pitch has been approved by the investors/ falcons, for investment and allied purposes.
  • We make sure that your personal information is looked after as if we were handling it directly. We carefully select these companies, only share with them what they need to do the work and we make sure they keep your information secure. 
  • We will share information with our business partners: This includes a third party who provide or sponsor the rounds of FS, or who operates a venue where we hold such rounds. Our partners use the information we give them as described in their privacy policies. 
  • We may share information as required under applicable laws: We will share information to respond to a court order or subpoena. We may also share it if a government agency or pursuant to investigatory body requests, or when we/ governmental authorities are investigating potential fraud. 

We may share your information for reasons not described in this policy: In the event we use your information for purposes not stated herein, we will inform you prior to the same. 

Securing Information Collected:-

We value the integrity and security of your information and that of your family members (if provided to us) and therefore, we design the Website Services with a dedicated team to look after your information security and privacy. We undertake best efforts and industry practice to protect and secure your information. However, we hope you agree and understand that, like every technology-based platform, the Website may be subjected to technical errors/ breaches that is not under our control. If you have any concerns that your FS account or personal information shared on the Website or in furtherance of FS, has been put at risk or breached, please get in touch with the Grievance Officer appointed under this Privacy Policy to support us in resolving the same. 

YOUR RIGHTS

You are in control of your personal information. You have the right to request us for a copy of your information, ask us to rectify your information that’s incorrect, to delete it or to request that we only use it for certain purposes, to ask us to stop using your information.

YOUR RESPONSIBILITY

 

Your rights under any one or more of the Licenses set forth above and under this TOU and Privacy Policy are conditioned upon your compliance, with each of the following: 

 

  1. You shall not display, upload, modify, edit, delete, publish, transmit, update or share any information that –
  1. belongs to another person and to which the user does not have any right to;
  2. 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; 
  3. harm minors/ Child Users in any way;
  4. infringes any person’s intellectual property rights and/ or proprietary rights; 
  5. violates any law for the time being in force; 
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 
  7. impersonates another person or constitutes to be identity theft; 
  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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
  1. You will not use, remove, alter, interfere with or circumvent any of copyright, trademark, watermark, Website Services, or other proprietary notices marked/displayed on the Website.
  1. You will not use any contents included on the Website/ Website Services, including but not limited to, text, graphics, logos, button icons, images, audio clips, trademarks, service marks, domain names, designs, software etc., to create a unique end product. 
  1. You will not use any of the rights granted to you under this TOU and Privacy Policy, or any of the content on the Website in a manner that suggests an association with HPPL/ FS, unless otherwise specifically permitted by HPPL.
  1. You will not transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel-bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or tele-communications equipment.
  1. You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of HPPL, its affiliates, FS, the investors and partners of FS or the Website, or any of the content running or being promoted on the Website.
  1. You will not do anything on the Website that would prevent other user’ access to or use of the Website or any part thereof. 
 

DISCLAIMER OF WARRANTIES

By using the Website, you agree and understand that such use is at your own risk and that there is no warranty that this Website will be free of any computer viruses. The Website (and any portion thereof) is provided “as is”, “with all faults” and “as available” to the fullest extent permitted by law. HPPL and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, non-infringement). Neither HPPL nor any of its affiliates/ investors or partners of FS make any warranties or representations about the accuracy or completeness of information available on or through the Website or other internet resources linked to the Website and assumes no liability or responsibility for any: 

  1. errors, mistakes, or inaccuracies of content/ episodes/ rules of FS; 
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website; 
  3. any unauthorized access to any and  all personal  information  stored  in the Website;  
  4. any  interruption  or  cessation  of transmission  to or  from  the  Website; 
  5. any  bugs,  viruses,  Trojan  horses,  or  the like  which  may  be transmitted to or through the Website (or any parts thereof) by any third party; and/or
 

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL HPPL OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES,  DIRECTORS, SHAREHOLDERS,  AGENTS, OR LICENSORS OR THE INVESTORS/ PARTNERS OF FS BE LIABLE TO YOU OR ANYONE   ELSE   UNDER   ANY   THEORY   OF   LIABILITY   (WHETHER   IN   CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF  SUCH  PARTIES  WERE  ADVISED   OF,  KNEW   OF  OR  SHOULD   HAVE  KNOWN  OF  THE POSSIBILITY  OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE ON YOUR BEHALF) OF THE WEBSITE OR ANY PARTS THEREOF.

GUARDIANS SHALL TAKE FULL RESPEONSIBILITY FOR THE BREACH OF ANY APPLICABLE LAWS, AND/OR THE TERMS OF THIS TOU AND PRIVACY POLICY, RESULTING FROM THE USAGE OF THIS WEBSITE AND/ OR FILLING THE ENTRY FORMS, AND/ OR THE PARTICPATION IN FS, BY THE CHILD USERS.

NO PROFESSIONAL ADVICE

Material, content or information contained on or made available through the Website is not intended to and does not constitute any legal, financial or tax related advice nor does it, in any manner establish a Professional – Client relationship.

 

UPDATES TO THIS POLICY

This TOU and Privacy Policy may be updated from time to time. We will notify you of any material changes to the same, if and as required by law. We will also post an updated copy of the same on our Website. Please check our Website periodically, for updates.

INDEMNIFICATION

  1. You agree to indemnify, keep indemnified and hold harmless HPPL and its affiliates and their respective officers, directors, employees, representatives, licensees, authorized designees, successors, assigns, the investors and partners of FS, from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from:
  1. any of your wrong/false user information, including, but not limited to the representation of third party ideas as your own unique business pitch;
  2. the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOU and Privacy Policy;
  3. your violation of any person’s intellectual property, privacy, publicity or other right;
  4. the violation of any applicable laws and/or any of your obligations under these TOU and Privacy Policy by you; 
  5. your misconduct or negligence by you or anyone accessing the Website in connection with you (and/or such other person’s) use of the Website (in whole or in part);
  6. Breach of any Applicable Laws, and/ or the terms of this TOU and Privacy Policy, and/or third-party infringement claims, resulting from the usage of this Website and/ or filling the entry forms, and/ or the participation in FS, shall result into the our right to be indemnified by the Guardian.
  1. HPPL reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HPPL in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.  
 

TERMINATION AND DISQUALIFICATION

 

  1. If you violate the letter or spirit of the TOU and Privacy Policy, or otherwise create risk or possible legal exposure for HPPL or any of its directors/employees/affiliates/investors/partners/sponsors, we can stop providing access to all or part of the Website to you and disqualify your present and subsequent participation in FS and use of the Website. 
  2. If your actions lead to the breach of the terms of this TOU and Privacy Policy, HPPL shall have the right to disqualify you from any ongoing, and/ or subsequent participation in FS and use of the Website. 
  3. All provisions of this TOU shall remain in full force and effect in perpetuity notwitFStanding any termination of your use of the Website and/ or the end of your participation in FS.

In the event of termination and disqualification, in pursuance of the provisions of this Clause, FS shall have the discretion to give effect to such termination and disqualification, without notice to the user. However, if such user is an aspirant of FS who has shared a pitch video/ otherwise shared the business idea through any other mode, the acknowledgement of his/her non-selection shall be intimated via email/ otherwise, as deemed appropriate by FS.  [Legasis Comments: Company to confirm if such email intimation shall be shared]

 

SEVERABILITY AND WAIVER

 

If any provision of the TOU and Privacy Policy shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions. The failure of HPPL to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.

 

FORCE MAJEURE

 

HPPL’s performance under this TOU is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, epidemic, pandemic, acts of any Government including without limitation lockdown or restriction on movement/ transportation, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of HPPL, equipment failure, industrial or labour dispute, inability to obtain essential supplies required to conduct FS rounds and the like. HPPL/ FS shall not be held liable if services with respect to the Website are interrupted or become improper at any point of time due to Force Majeure events specified above.

 

ARBITRATION AND GOVERNING LAW

 

  1. You will resolve any claim, cause of action or dispute (claim) you have with HPPL, arising out of or relating to this TOU and Privacy Policy document exclusively in India, regardless of where you reside. The laws of the Republic of India  will govern this TOU and Privacy Policy document, as well as any claim that might arise between you and HPPL, without regard to conflict of law provisions.
  2. All disputes or differences of any nature whatsoever, arising between you and HPPL shall be settled by mutual discussion, failing which, upon the expiry of 30 days, shall be referred to arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (as amended) to a sole arbitrator. The venue of the arbitration shall be at Bangalore, India and the language of the arbitration shall be English. The decision of the Arbitrator shall be final and binding on you and HPPL. The Arbitration proceedings shall be subject to the jurisdiction of the Courts in Bangalore.
  3. If anyone brings a claim against us related to your actions, content, pitch videos or information on the Website, including without limitation the claims of infringement of intellectual property rights, you will indemnify and hold HPPL and its directors, agents, representatives, partners, employees and consultants harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. 

 

REPRESENTATIONS AND WARRANTIES

  1. You agree and confirm that we do not control any direct users’ actions on the Website and are not responsible for the content, information, pitch videos users transmit or share on the Website. HPPL is not responsible for any offensive, obscene, unlawful or otherwise objectionable content information, pitch videos you may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website.
  2. This TOU and Privacy Policy, makes up the entire agreement between you and HPPL and supersedes any prior agreements, arrangements and understanding regarding the contents of the TOU and Privacy Policy.
  3. You will not transfer any of your rights or obligations under this TOU and Privacy Policy to anyone else without our consent.
  4. All our rights and obligations under this TOU and Privacy Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  5. Nothing in this TOU and Privacy Policy shall prevent us from complying with the law.
  6. This TOU and Privacy Policy do not confer any third party beneficiary rights on anyone.
  7. We reserve all rights not expressly granted to you.
  8. You will comply with all applicable and governing laws when using or accessing the Website.
 

Disclaimer: This TOU and Privacy Policy has been published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, Rule 4(1) of the Information Technology (Reasonable security practices and procedures and sensitive personal date or information) Rules, 2011 and other applicable laws, that require publishing the rules and regulations and Terms of Use for access or usage of the Company’s Website. This TOU and Privacy Policy is an electronic record under the laws of India and need not be signed physically or digitally.