TERMS OF USE

  1. This platform LALITBHATNAGAR.COM (Hereinafter referred to as the “Portal/Platform”) is intended for individuals or companies who wish to participate in the Projects offered and hosted by the Platform. By using this Portal, you (User) agree to abide by the following T&Cs. It is important that you read and understand these T&Cs as they outline the rules, responsibilities and guidelines for your interaction with the Platform.

    1. You are also responsible for assessing your prior knowledge, information, and any pre-existing obligations concerning Projects before participating.

    2. You are accessing this Portal as an interested party in the Projects, and you are solely responsible for determining your involvement and capacity in these Projects. The Platform does not guarantee the success or outcome of any Project listed.

    3. It is your responsibility to ensure that your participation in any Project does not breach any prior agreements, contracts, or obligations that you may have with third parties, or any pre-existing knowledge or information you may possess about the Project or Projects.

Informing the Portal: You must promptly inform the administrator/ Lalit Bhatnagar of this Portal, if you possess prior knowledge, information, or obligations related to a project that is displayed.

  1. USER ACKNOWLEDGMENT:

By using this platform, you expressly acknowledge and agree that:

 

  1. You have read and understood the Terms and Conditions (T&Cs) governing the use of this platform;

  2. You have had the opportunity to seek legal advice or clarification regarding any aspect of these T&Cs, and that your use of the platform is entirely voluntary.

Your use of the platform signifies your full acceptance and agreement to be bound by all the provisions, terms, and conditions outlined in these T&Cs and NDAs, which may contain obligations related to confidentiality, non-disclosure, non-competition, non-circumvention and other terms.

  1. If you do not agree with any part of these T&Cs or do not understand any of its provisions, you are advised to refrain from using this platform.

    Contact: For inquiries or notifications, contact the administrators of this Portal at info@imaginationinfinite.com

 

  1. TERMS AND CONDITIONS:

These TERMS AND CONDITIONS (Hereinafter referred to as “T&Cs” govern your use of the Platform and shall come into effect from the date on which the person logins into this site (Hereinafter referred to as the “User”) clicks on the icon “I Accept” (“Effective Date”) and shall continue in force as per the discretion of the Platform.

These Terms shall be applicable to all the Users of the site LALITBHATNAGAR.COM (Hereinafter referred to as the “Portal”) who click on “I accept” below.

  1. The Portal is under the sole control of Mr. Lalit Bhatnagar (Hereinafter referred to as “Administrator”) an individual residing in the United States of America along with the wholly owned subsidiaries, Partnerships, Affiliates or any other ventures based in any jurisdictions in the United States of America.

By clicking “I Accept” button on the popup and continuing to access the Portal, the User expressly agrees to and consents to be bound by all of the Terms. If the User does not agree to the Terms so put forth, the button indicating “I Disagree” must be selected. If the “I Disagree” button is selected the Portal will promptly cancel these Terms and block the access to further details of the projects offered on this portal.

  1. DEFINITIONS: The terms used in this Agreement shall be interpreted according to the meaning stated herein. If any of the terms is not defined explicitly here, the meaning mentioned in a dictionary shall be taken into consideration. Please note that the headers and sidebar text are provided only to make these terms easier to read and understand for everyone. The fact that we wrote these terms won’t affect the way the Conditions are interpreted.

    1. Content: Content shall mean and include without limitation all the documents and decks related to individual projects that will be available on the Portal which the User shall be viewing.

    2. Portal Services: Shall mean and include all the services offered by the Portal to facilitate the User accessing the Content.

    3. Authorized Sources: Shall mean and include Mr. Bhatnagar himself or any person holding a proper authorization from Mr. Bhatnagar.

    4. About the Portal: The Portal is a private project management portal for Mr. Bhatnagar for the purpose of providing the Users access to view the Content pertaining to various projects for potential partnerships. The main purpose is for the User, who shall be a potential partner or investor, to evaluate the Content of the Portal.

 

  1. USER ACCESS:

    1. Authentication: In order to access this Portal and its associated Projects, Users are required to authenticate themselves using their registered phone number and/or email address. Upon entering this information, a One-Time Password (OTP) will be sent on your registered phone number or Email ID which shall remain valid for a period of (specify the duration) days
    2. Activity Monitoring: The Portal maintains a record of User activity, including the timing of login events and the specific Projects accessed along with frequency and duration of such access. These records are maintained for internal use and documentation by the Portal.
    3. NDA (Non-Disclosure Agreement): To view and access the Projects, the user shall be prompted to accept an NDA by clicking the “I accept/ I agree” button. By accepting the NDA, Users agree to abide by the confidentially and non – disclosure terms set forth in the Agreement.
    4. Declining the NDA: In the event that a User opts not to accept the terms of the NDA associated with Project(s), they have the option to not click “I Accept” button and their access to the projects will be declined.

  1. PRIVACY AND DATA PROTECTION: Your Privacy is important to us. The Platform collects and uses your personal information in accordance with our Privacy Policy. (You can view It at – Link). By using the Platform, you consent to the collection and use of your data as stated in our Privacy Policy.

  2. INTELLECTUAL PROPERTY AND COPYRIGHT:

    1. All Projects, whether accessed, viewed or uploaded on the Platform are the sole proprietary/ Intellectual property of the Platform. Some Projects may be available on the Platform due to the rights granted to the Platform not necessarily as the original author but in a capacity that allows the platform to host and share them.
    2. Users are expressly prohibited from making any copies, distributing or disclosing or in any way sharing these Projects in whole or in part at any time following their access on the Platform. This Prohibition applies to all users regardless of their role including as investors or otherwise.
    3. Any infringement of this policy shall be treated with the utmost seriousness and the Platform reserves the right to pursue appropriate legal remedies to address and rectify any violations.
    4. The User shall have no rights in or to such Portal Intellectual Property and the User agrees they shall not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any Portal Intellectual Property, except as specifically permitted under this Agreement.       Also, the User shall not "mirror" any Content contained on this Portal on any other server without the Portal’s prior written consent.
    5. The User acknowledges and agrees that the Content is made available for informational, business or educational purposes only without representation or warranty of any kind and is not a substitute for legal advice or professional judgment. The User’s reliance upon Content obtained by the User on or through the Portal is solely at their own risk. All rights not expressly granted in this Agreement are reserved to Mr. Bhatnagar.
    6. The User may request permission to reproduce all or a portion of the Content owned by Mr. Bhatnagar via the Portal. Mr. Bhatnagar reserves the sole discretion to determine whether, and upon what terms, the Content will be licensed. Depending on the nature and scope of intended use licensing fees may apply.
    7. Trademarks owned by Mr. Bhatnagar ("Marks") appearing on this site may not be used in any advertising or publicity, or otherwise to indicate the Portal’s sponsorship of or affiliation with any product or service, without Bhatnagar’s prior express written permission. The User is prohibited from using the Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of the Portal or Mr. Bhatnagar.
    8. The User agrees that they will not alter any Mark in any manner to make it appear that Mr. Bhatnagar is endorsing, sponsoring, authorizing or affiliated with the User, User’s company, or any third party, except as expressly permitted in writing by Mr. Bhatnagar. Additionally, the User agrees to be bound by and to follow the terms of the relevant Trademark Usage Guidelines, the entire contents of which are incorporated herein by reference and made a part of these terms.
    9. The Portal may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Portal for those Users who may be infringing the intellectual property rights of the Company. The User agrees to abide by the terms of the Digital Millennium Copyright Act (DMCA) and refrain from the following:
    10. Circumventing the Portal’s access control measures to copyrighted works.
    11. Posting or otherwise offering circumvention technology through their own means to access the Portal;
    12. Engaging in other activities in violation of the DMCA. The Portal has the right to terminate the access and permanently ban any User found in violation of the DMCA or other provision of the copyright laws.
    13. Background:  The Disclosing Party operates a project portal ("Portal") that provides access to information, briefs, and narrations related to various projects ("Projects"). These Projects contain confidential and proprietary information.
    14. Acceptance:  By accessing or using the Portal and its contents, the Receiving Party agrees to the terms and conditions of this Agreement, thereby acknowledging the confidential nature of the information provided within the Portal.
    15. Confidentiality Obligations: Definition of Confidential Information: The Receiving Party acknowledges that all information, content, materials, briefs, narrations, scripts, images, audio, video, or any other data and materials accessible within the Portal are confidential information belonging to the Disclosing Party, until such information becomes publicly available through authorized channels.
    16. Non-Disclosure:  The Receiving Party agrees not to disclose, disseminate, or make available to any third party, or use for any purpose other than for the purpose of evaluating participation or collaboration in the Projects, any of the confidential information contained in the Portal.
    17. Obligation of Protection: The Receiving Party shall take all necessary measures to protect the confidentiality of the information accessible within the Portal, and shall not reproduce, distribute, or create derivative works based on the confidential information, except as necessary for the purpose of evaluating participation or collaboration in the Projects.
    18. Duration of Confidentiality: The obligations under this Agreement shall remain in effect until the information becomes publicly available through authorized channels or is no longer considered confidential by the Disclosing Party.
    19. Exemptions:  The obligations of confidentiality shall not apply to information that the Receiving Party can demonstrate was already known to them prior to accessing the Portal or becomes known to the Receiving Party through legitimate means other than through the Portal.

10. NON-DISCLOSURE:

  1. USER ROLES AND AGREEMENT:

    1. User Capacities: As a user of this Platform, you may assume various roles, such as an investor or someone interested in a project in capacities like an artist, cast member, and more. Your specific role and relationship with the platform will determine the agreements that apply to you.

      1. Project Participation Agreements: In the event that you express interest in a Project, there will be separate agreements that pertain to the finalization and execution of your participation in that project. These agreements will specify the roles, responsibilities, and rights of the parties involved.

 

  1. PROJECT LIABILITY AND DISCLOSURE:
        a.  Presentation of Projects: The Platform serves as a medium for

         the presentation of various film and media-related projects and   

investment opportunities. These projects may be showcased, described, and accompanied by relevant documentation, including but not limited to scripts & proposals.

b.  Connecting Investors: The Platform's primary function is to

facilitate connections with potential investors. It enables individuals and entities to explore investment opportunities within the creative industry. This connection is established for collaborative purposes.

c.   Non-Guarantee of Project Success: While the Platform offers a   

venue for project promotion and investment, it does not, under any circumstances, guarantee the success, viability, or outcome of any project listed herein. The Platform is not responsible for the financial or creative success of projects, and users should exercise due diligence and seek professional advice before making investment decisions.

  1. INDEMNIFICATION:

    1. User Responsibilities: By using this platform, you agree to indemnify and hold harmless the platform, its operators, affiliates, partners, employees, and agents (collectively referred to as "Indemnified Parties") from and against any and all claims, actions, losses, liabilities, expenses, and costs, including but not limited to reasonable attorneys' fees, arising out of or related to your use of the platform or any violations of these Terms and Conditions.

    2. Scope of Indemnification: Your obligation to indemnify the Indemnified Parties includes, but is not limited to, claims related to: a. Violation of these Terms and Conditions. b. Infringement of any intellectual property rights. c. Breach of any legal or regulatory obligations. d. Any unauthorized use or access to the platform.

    3. Notification of Claims: You agree to promptly notify the platform of any claims, actions, or legal proceedings against you that may give rise to indemnification obligations under this section. Failure to provide timely notice may affect the platform's ability to defend and mitigate such claims.

    4. Defense and Settlement: The platform reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties. You agree to cooperate with the platform in asserting any available defenses and in securing a resolution or settlement of the matter.

    5. No Waiver: The platform's exercise of rights to indemnification is not a waiver of any other rights or defenses it may have under these Terms and Conditions or applicable law.

 

  1. LIMITATION OF LIABILITY:

    1. Disclaimer: The platform and its operator/ Administrator shall not be held liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities, resulting from the use or inability to use the platform or its services by the Users.

    2. Service Interruptions: The platform shall make reasonable efforts to maintain continuous availability and uninterrupted access. However, the platform does not guarantee uninterrupted service, and users acknowledge that service interruptions may occur for reasons beyond the platform's control.

    3. Third-Party Content: The platform may feature third-party content. The platform disclaims any responsibility for the accuracy, legality, or quality of such content and shall not be held liable for any consequences resulting from third-party interactions or content.

    4. Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so the above limitations may not apply to all users. In such cases, the platform's liability is limited to the fullest extent permitted by applicable law.

  2. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION:

  1. These Terms and Conditions and any disputes or claims arising from or related to their subject matter shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising from or related to these Terms and Conditions or disputes between users and the Platform shall be filed exclusively in the State or federal courts located in New York City, New York.

  2. Dispute Resolution Process: In the event of a dispute, controversy, or claim arising between a user and the Platform, both parties agree to make good faith efforts to resolve the matter through negotiation and informal discussion. If the dispute cannot be amicably resolved through negotiation, both parties further agree to submit the matter to binding arbitration. Arbitration shall take place in New York City, New York, and shall be conducted in accordance with the rules and procedures of the American Arbitration Association (AAA) or an alternative arbitration organization mutually agreed upon by the parties. Both parties expressly acknowledge and agree that the decision reached through arbitration shall be final and binding. The arbitrator's award shall be enforceable in any court of competent jurisdiction.

  1. CHANGES TO TERMS AND CONDITIONS:

  1. Right to Update: The Platform reserves the right to update, amend, or modify these Terms and Conditions at any time and in its sole discretion. Users are encouraged to periodically review the Terms and Conditions to stay informed of any changes.

  2. Notification of Changes: The Platform is committed to keeping users informed about updates to these Terms and Conditions. Users will be notified of changes through Website Notifications: Notifications of changes may also be displayed prominently on the Platform's website, including the homepage or a dedicated "Updates" section.

  3. Effective Date: Any changes to the Terms and Conditions will become effective on the date specified in the notice or as otherwise communicated. By continuing to use the Platform after the effective date of the updated Terms and Conditions, users agree to be bound by the revised terms.

  1. PRIVACY AND DATA PROTECTION:

    1. Data Collection and Use:
 The Platform may collect certain information from users when they access or use the platform. This information may include, but is not limited to, personal details, contact information, and other data required for gaining access to the Platform.

      1. Purpose of Data Collection: User data is collected for the primary purpose of facilitating user access, improving the user experience, and maintaining the functionality of the platform. Additionally, this information may be used for communication and notifications related to the platform's services.

      2. Protection of Data: The Platform is committed to safeguarding user data and employs reasonable security measures to protect against unauthorized access, disclosure, alteration, or destruction of information.

  2. COOKIES AND TRACKING TECHNOLOGIES:


  1. Use of Cookies: The Platform may utilize cookies, which are small text files stored on a user's device, to enhance the user experience. Cookies enable personalized features, maintain user preferences, and gather statistical data for analytical and functional purposes.

  2. Third-Party Cookies: Additionally, the Platform may allow third-party cookies and tracking technologies for analytics, advertising, and other purposes. Users have the option to manage their cookie preferences through their browser settings.

  3. Opt-Out: Users can opt out of cookie usage for personalized advertising through their browser settings or other provided mechanisms.


  4. Do Not Track: The Platform acknowledges "Do Not Track" signals sent by browsers and may take such signals into consideration, but the Platform does not guarantee adherence to "Do Not Track" requests.

  5. Data Retention: The Platform retains user data for as long as necessary to fulfil the purposes outlined in these Terms and Conditions.

  1. MISCELLANEOUS:

  1. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.

  2. Any non-exercise of rights with relation to these Terms and Conditions shall not in any way constitute a Waiver of such rights.

  3. The User agrees that regardless of any applicable law providing for a statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services, or otherwise relating to these Terms, must be filed within one (1) year after the claim or cause of action arose, or will be forever barred.

  4. The agreement of the User to these Terms and Conditions is limited entirely to the User themselves, no third party can be assigned or relayed the rights and obligations of the User.

  5. Any Disclaimers and Limitations on Liabilities of the Portal shall be read in the Disclaimer page alongside these Terms and Conditions.

  6. These Terms and Conditions as well as all the other associated policies constitute an entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to these Terms and Conditions. These Terms shall take precedence over any other documents which may conflict with these Terms and Conditions.