Terms & Conditions

PURPOSE:
The present General Terms of Use specify all of the terms which will govern the short film
festival titled “Filmi Short Fest” (hereinafter referred to as the & Service) for multiple
registration of short films for the contests, run and managed by Huvi Digi Life Pvt. Ltd.
(hereinafter referred to as HDLPL) located at 1/3 Sher-E-Punjab Colony, Next to Gurudwara,
Mahakali Caves Road, Andheri East, Mumbai 4000093, company registrationnumber
CRN) : U74995MH2018PTC308756 , on the website https://huvidigilife.com/
(hereinafter referred to as the Website).
For the purposes hereof, a User is a person who has met all of the registration requirements
specified in Article 3 hereof.
REGISTRATION OF THE USER ON THE WEBSITE AND USE OF THE FUNCTIONS OF THE SERVICE
IMPLIES UNRESERVED ACCEPTANCE OF THE PRESENT GENERAL TERMS OF USE.
DESCRIPTION OF THE SERVICE:

2.1. The Service comprises a number of functions accessible on the Website, making it possible to
register short audio visual cinematograph films (hereinafter referred to as Film(s) for the
festivals that subscribe to the Service (hereinafter referred to as(“Contests) as well as to
manage the follow-up of these registrations.
The Service therefore enables Users to register on the Website and pay a registration fee of
INR 1500/- with applicable GST before the deadline signified therein, fill out the respective
registration form with all the necessary information. Additionally, create a profile on
FilmiJobs App from a computer connected to the internet, and save on their account data
relating to one or more Films (technical and generic characteristics, contacts, photos,
dialogues, careers, Film files etc.) on a single Film registration form, for Contests that
subscribe to the Service. We encourage the Users to review the competition guidelines for
the respective themes and genres posted from time to time.
This Service is available to all (directors, actors, associations, producers, distributors,
organizations, schools etc.) provided that all of the registration formalities have been
completed, pursuant to Article 3 of the present General Terms.

2.2. In addition, HDLPL offers Users a paid service included in the Service, to allow participation in
the Contests as per the technical requirements and provided before the Contest deadline, or
in any mode prescribed by the HDLPL on its website for participation.

REGISTRATION:

3.1. Requirements
Registration for the Service is unrestricted and free of change, provided that an account has
first been created on the Website and the present General Terms of Use have been accepted.
Users must be a legal entity or a physical person at least 18 years old with legal capacity, or
else have parental authorization in order to register and use the Service.
When creating their account and using the Service throughout the duration of the present
contract, Users undertake to give accurate and honest information regarding their situation,

regularly check their personal data, and if necessary make the required changes online on
their account.

3.2. HDLPL reserves the right to reject or cancel a User’s registration if the information provided
proves false.

3.3. Personal Identification Data
The Personal Identification Data is private and confidential and non-transferable. Consequently,
the User undertakes not to disclose them to third parties.
HDLPL cannot be held liable for any damage suffered directly or indirectly by the User or third
parties resulting from fraudulent access to the Users account following disclosure of the User’s
Personal Identification Data.
In particular, HDLPL cannot be held liable for any damage suffered directly or indirectly due to
access by unauthorized third parties to the User’s Account via the Service, if the fraudulent
access is carried out by entering the User’s Personal Identification Data.

USE OF THE SERVICES:

4.1. The Service enables Users to create an account, log in and access their account at any time
from a computer connected to the internet, and to save on their account data relating to one or
more Films (technical and generic characteristics, contacts, photos, dialogues, careers, Film files
etc.) on a single Film registration form for the Contests that subscribe to the Service.

4.2 Users can select at any time the Contests for which they want their Films to be registered,
provided that this request is made before the closing date for registrations set by the HDLPL,
and within the limit of one registration per film for each Contests.
Users are regularly notified by email of the start and end of all new registration periods for
Contests that subscribe to the Service.
However, it is the sole responsibility of the Users that subscribe to the Service to check the
progress of the registrations.
HDLPL cannot be held liable if this information is incorrect.
Where appropriate, Users will be sent requests for additional documents and information for
their registration request by email by each of the Contests concerned.

4.3. Users can modify or update at any time the data relating to the Films that they have entered
via the Service.
The data entered by Users on their account and the single registration form is stored and
archived throughout the period that the User is registered for the Service on the HDLPL
computer servers, which are protected by security solutions suited to the new risks of intrusion
and data loss.
HDLPL expressly notifies Users that the Service does not constitute a backup service for Content
and that the data entered in their account and on the single registration form will be
automatically deleted by HDLPL on expiry of the User’s registration for the Service, apart from
the Film Files (as defined later) which will be deleted as specified in Article 5.8 hereof.

HDLPL cannot on any account be held liable for direct or indirect damage suffered by Users
and/or third parties due to loss, corruption or destruction of the User’s Content.

4.4. Users may send their Films to the Contests in accordance with the methods indicated to them
by each of the Contest guidelines, including by transferring audiovisual files or streaming them
via the Service, in accordance with Article 5 of the present General Terms if permitted by
HDLPL.

4.5. Users undertake to use the Service in a fair and honest manner for its intended purpose, for
their requirements alone, and shall refrain from using it for commercial purposes with third
parties.
They must meet the technical constraints for the data required to register their Films for the
Contests that subscribe to the Service.
These technical constraints can be consulted at all times in the & FAQ section of the Website,
and HDLPL remains free to modify them unilaterally and without notice.

4.6. The Users alone are liable for the Content that they save and distribute via the Service.
For the purposes hereof, the term “Content” refers to the details connected to the Film
including information, data, texts, comments, contact details, Film Files, software packages,
music, sounds, photographs, images, names of characters/artists, script details, behind the
scenes, likeness, videos, messages and all other materials submitted by Users via the Website
and the Service.

4.7. All Content/Film that infringes current Indian, EU or international laws and regulations, violates
intellectual property rights or the rights of third parties, or in general is obscene or contrary to
the rules of public order, is expressly forbidden.
In addition, Users shall refrain from:
– attempting to delude third parties by usurping the name, corporate name or access codes of
others, and in particular by pretending to be an employee or affiliate of HDLPL;
– entering, uploading or transmitting any Content containing computer viruses or any other
code, file or programme designed to interrupt, destroy, limit or damage the functions of any
software package, computer, server, network or telecommunications tool etc.

4.8. Apart from adapting the Content to the technical constraints in order to send Films to the
Contests (Art.5), HDLPL does not modify the Content distributed via the Service and transmits
to the Contests the Content in the form in which it is provided by the User, provided that it
meets the technical requirements of the Service.
However, HDLPL reserves the right to reject, suspend or interrupt distribution of the Content
without notice in the following cases:
– failure to respect the ban imposed by Article 4.6 and more generally in case of breach of the
terms hereof,
– order by the public authorities
– request by a third party which considers that it has been wronged

– case of force majeure

Suspension or interruption by HDLPL of distribution on the Website of all or part of the Content
in the cases specified above cannot be deemed to be non-fulfilment of its obligations
hereunder, and shall not entitle the User to payment of any damages.

4.9 HDLPL cannot be held liable for any damage resulting from the Content, or from any use of it
by third parties.
The User undertakes to guarantee, compensate, and hold harmless HDLPL against any expenses
and direct or indirect damage, as well as any sentences imposed on HDLPL due to action taken
against it by third parties resulting from the Content that it has distributed via the Service.

TERMS OF SELECTION:

5.1. Submission of Films shall be between the start date and end dead communicated by HDLPL. The
registration fee plus GST paid with regards to the Contest is a non-refundable amount.

5.2. The Film has to be unique and original and by submitting the Film as the User you hereby
represent that you have been authorized to do so by the author of the Film recognized under
section 2.d.v of the Copyright Act, 1957, or the first owner of the copyright embedded in the Film.

5.3 After submission, the Users have granted HDLPL with the right to use the Content for
publicity/distribution of Films and Contest.

5.4 The HDLPL might appoint a set of Jury to judge and review the films out of the bunch of Films
received. The Jury shall shortlist a bunch of Best films (“Jury’s Choice”). Based on the Jury’s
Choice the final top film entries shall be shortlisted for the screening in preview theatre one day
before the Event (“Screening”), and subsequently a final winner of the Contest shall be announced by
HDLPL (“Winner”) at the Event.

5.5. The time and dates of the Screening and events related thereto shall be the sole prerogative of
the HDLPL, and the respective participants shall keep himself/herself available on the dates
communicated by HDLPL.

5.6 The Winner of the Contest shall be bestowed with a Certificate and a prize (monetary or
otherwise) as determined suitable by HDLPL. The HDLPL may award Certificates to Contributors
as well.

5.A. ASSIGNMENT OF COPYRIGHT:

After submitting the Films, without prejudice to aforesaid, the Users hereby unconditionally and
irrevocably assign all rights including but not limited to intellectual property rights and copyrights
in the works resulting from the Films exclusively in favor of the HDLPL, for the entire world and in
perpetuity. Films shall at all times constitute and shall be deemed to constitute works-made-for-
hire/ commissioned works developed at the instance of the HDLPL under a ‘contract of service’ as
per Section 17 (b) and (c) of the Copyright Act, 1957, and the HDLPL shall be the first and
exclusive owner of all rights under section 14 of the Copyright Act, 1957.

Any credits to the respective authors/performers of the Film shall be incorporated/conferred in
the Film dutifully by the respective Users, and HDLPL shall not be held liable for any failure on
part of the User to confer Credits.
All payments to be made to the variety of contributors, musicians, actors or any third parties
(“Contributors”) that have rendered their services towards the Film shall be made by the Users
only, without having any recourse to the HDLPL. Any payment of royalties required under laws
shall be the liability of the Users alone.
Any dispute with regards to the Contributors shall be resolved by and between the Users and
their respective Contributors separately, without affecting the rights granted to HDLPL hereunder
or making HDLPL a part of the dispute.

GUARANTEES:

6.1. HDLPL has an obligation of best efforts in supplying the Service to Users. Consequently it
undertakes to do everything necessary to ensure that the Service functions with as little
interruption as possible and with the best transit time and download rate.
However, due to the nature of the internet, HDLPL cannot guarantee:
– that the Service will be available 24/7;
– optimum functioning of the Service with all existing and future computer configurations
To ensure high-quality service, HDLPL reserves the right to carry out maintenance, updates and
technical interventions which may result in an interruption of access to the Service.
HDLPL undertakes to limit the number and duration of these interruptions, but in any case, the
resulting downtime of the service cannot be deemed to be periods during which HDLPL does
not meet its obligations.

6.2. HDLPL provides access to the Website on an as is basis and therefore does not guarantee that it
will fully meet the Users expectations, or that the errors, defects or malfunctions that may
occur will result in corrections or modifications.

6.3. HDLPL does not provide any other guarantee other than those stipulated herein.
While respecting its legal obligations, HDLPL cannot be held liable for any direct or indirect
damage that may arise (i) from use or the impossibility of using the Website, its functions, the
information or Content stored on it, in particular regarding the storage and transmission of Film
Files for Contests; (ii) from breach of the present General Terms of Webiste; (iii) following
unauthorized access to the Website by a User; (iv) due to the conduct of a third party on the
Website, or (v) from any other issues related to the Website.
In particular, HDLPL cannot be held liable for the direct or indirect damage suffered by the User
or by third parties due to the information and results produced by use of the functions,
software tools or online services made available on the Website.

6.4. The User undertakes to guarantee, compensate and hold harmless HDLPL against any expenses
and direct or indirect damage, as well as any sentences imposed on HDLPL due to action taken

against it by third parties resulting from the actions of the User in connection with use of the
Service.

DOCUMENTS:

The Users hereby undertake to do all acts and execute such documents in such manner and at
such locations as may be required by the HDLPL in its sole discretion and costs in order to
secure, protect, perfect or enforce any of the rights of the HDLPL pursuant to this General
Terms. In the event the Users fail to do so within 10 (ten) days of receipt of a request from the
HDLPL to do or perform an act or execute a document, the HDLPL shall be entitled to exercise
the same in place of the Users as the lawful appointed attorney and the Users undertake to
affirm, ratify and be bound by such exercise of the right by the HDLPL under the provisions of
this Article 7.
The Users shall be required to furnish requisite documents/agreements entered with copyright
owners to prove their title/ownership of the Film to the HDLPL as and when requested by
HDLPL.

DURATION AND TERMINATION:

8.1. Users are registered for the Service for an unlimited period.
In case of any discrepancy, the User may contact HDLPL at the email id: info@huvidigilife.com
and/or write at the following address: 1/3 Sher-E-Punjab Colony, Next to Gurudwara, Mahakali Caves Road,
Andheri East, Mumbai 4000093

8.2. In case of breach by the Users of the obligations hereof, not rectified within 15 calendar days of
receipt of an email notifying the breach in question, the HDLPL may declare the present
contract to be automatically terminated with the User(s) in dispute, subject to any damages
that it may claim by virtue hereof.

8.3. If Users fail to update their email address in their account, which has become invalid for any
reason whatsoever, and if the emails no longer reach the address indicated, the Users
registration will be terminated within 30 (thirty) days of discovery of the error.

8.4. In all cases of termination of the User’s registration, the Users Content/Film may or may not be
deleted from the Service as determined by HDLPL.
The User’s personal data will be kept by HDLPL as per the prevailing data protection laws of
India.

8.5. HDLPL reserves the right to temporarily or permanently suspend the supply of all or part of the
Service:
– in the cases specified in Article 12 FORCE MAJEURE hereof;
– at its discretion, without the User(s) being entitled to oppose this or claim any compensation.

INTELLECTUAL PROPERTY RIGHTS:

9.1. All of the data regardless of its nature, and in particular the texts, graphics, logos, icons, images,
Films, Film Files, audio files and videos, trademarks, software packages and characteristics of

the Website included on the Website are protected by copyright, trademark law and all other
intellectual property rights, and belong to HDLPL.
In its capacity as HDLPL of the Website, HDLPL grants the User a private, non-collective and
non-exclusive right to use the Service only.
Consequently, the Users undertake not to reproduce, summarize, modify, alter or redistribute,
without the express authorization of the HDLPL, any text, title, application, software package,
logo, image, films, audio files or videos, graphic charter, trademark, information or illustration
for any use that is not strictly private, which excludes any representation for professional
purposes or multiple redistribution. Similarly, the Users undertake not to copy all or part of the
Website onto another website or internal company network.

9.2. The User(s) grants HDLPL the rights to reproduce, represent and distribute their Content/Films
on the Website, in accordance with the duration and distribution parameters selected by the
User(s).
The User declares that he holds all of the copyrights, intellectual property rights and all other
types of rights, or the authorizations required, to transfer and distribute the Film/Content that
he distributes via the Service.
The User guarantees HDLPL against any action for infringement of copyright linked to the
Content/Film, and consequently undertakes to guarantee , compensate , and hold harmless
HDLPL against any expenses and direct or indirect losses, as well as any sentences imposed on
HDLPL due to action for infringement of copyright taken against it by third parties resulting
from the Content/Films that he/she has distributed via the Service.
User undertakes not to summarize, modify or alter, without the prior authorization of the
HDLPL after submission/registration on the Website, the Content distributed via the Service.

DATABASES:

10.1. The whole of the Website, as well as the Content/Film published and distributed on it and the
methods of consulting it, constitute the Website Databases.
These Databases are the sole property of HDLPL, and are protected by the provisions of the
Intellectual Property Rights relating to Indian copyright laws.
Consequently, the User undertakes to use this data solely to consult and use the Website and
the Service, and shall refrain in particular from reproducing, translating, adapting, altering,
transforming, passing on, representing or distributing, permanently or temporarily, by any
means and in any form whatsoever, all or part of the data included in these databases.

10.2. In addition, in its capacity as producer of the Databases, HDLPL forbids the extraction and
reuse of all or any part whatsoever of the content of the Databases, without its express prior
authorization.

DATA PROTECTION:
The sensitive data provided by the Users to HDLPL shall be dealt with in accordance with the
prevailing data protection laws of India.
FORCE MAJEURE:
Neither Party can be held liable if the performance of the present Contract is delayed or
prevented due to a case of force majeure or a fortuitous event, due to the other Party, a third
party or circumstances outside their control such as industrial disputes, intervention by civil or
military authorities, natural disasters, fire, water damage or poor functioning or interruption of
the telecommunications network or the electricity network.
A case of force majeure is deemed to be any event outside the control of the affected Party,
that is unforeseeable, irresistible and insurmountable, and prevents one of the Parties from
carrying out all or part of its obligations under the present Contract.
In all cases, the affected Party must do everything in its power to limit the duration and effects
of the fortuitous event, case of force majeure or circumstances outside its control.
If the event lasts for more than two months, the present Contract can be terminated by HDLPL
at its own discretion.
MISCELLANEOUS PROVISIONS:

13.1. The present General Terms constitute all of the obligations of HDLPL and the User, who also
accepts the General Terms of Use.
HDLPL reserves the right to unilaterally change the present General Terms, in particular in case
of technical developments, changes in the law or case law, or the introduction of new services.
The new clauses will govern all future relations between the Parties, only the new version shall
prevail between them, and the applicable conditions are always those that are available online
on the Website.
The User is therefore requested to regularly consult the latest version of the General Terms of
Use which is permanently available on the Website.
All of the new functions, improvements and additions to all or part of the Website and the
Service are subject to the present General Terms.

13.2. If one of the provisions of the present General Terms is deemed invalid by virtue of a current
or future legal or statutory provision, or a court ruling that constitutes res judicata pronounced
by a competent court or body, that provision of the contract shall be deemed unwritten, and all
of the other provisions of the present General Terms shall remain in full force between the
Parties.

13.3. If one of the Parties fails to exercise its rights under any of the provisions of the present
General Terms at a given time, it cannot be deemed to have waived its entitlements hereunder.

APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION:
The present General Terms of Use are governed by Indian law, and only the English version is
valid in order to interpret them.
In the event of a disagreement resulting from the performance or interpretation of the
provisions hereof, the Parties must meet to try to find an amicable settlement to their dispute,
before referring the matter to the competent court.

If they fail to reach a settlement, the Mumbai courts will have sole jurisdiction over the dispute.

• INDEMNIFICATION:
  The Users indemnifies, defends, and holds harmless the HDLPL and its affiliates against any
  liability arising out of any third party claims in connection with the production, reproduction,
  distribution and exploitation of the Films.