Terms and Conditions of BFM App

The Terms and Conditions and the Privacy Policy separately and together constitute a legally binding agreement between Black Fox Millennium (herein referred to as ‘BFM’, ‘BFM App’, ‘BFM (OPC) Ltd.’, ‘Our’, ‘We’, ‘Us’) and the User (‘You’, ‘User’, ‘Your’) with respect to Your use of Our Platform and Service(s).

Please go through these Terms and Conditions carefully as these Terms read with the Privacy Policy together constitute a binding, legal agreement between BFM and You, with respect to Your use of Our App and Service(s).

I. Acceptance:

By creating your account on BFM, whether through a cell phone or a digital tablet (collectively, the ‘Service(s)’) you agree to be bound by BFM App Terms and Conditions and Privacy Policy. If you do not accept and agree to be bound by all of the terms of this Agreement, kindly do not use the Service(s) provided by BFM.

We may make changes to this Agreement and to the Service(s) from time to time due to reasons including to reflect changes in or requirements of the law, new features, or changes in business practices, Corporate Governance etc. The most recent version of this Agreement will be updated from time to time and it is advised the User to regularly check for the most recent version. If you continue to use the Service(s) after the changes become effective, then you agree to the revised Agreement.

II. Disclaimer:

  1. Use of Service(s) shall, at all times, be governed by and subject to the Applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and You agree to abide by such laws.
  2. All marks and logos used on the Platform in relation to BFM App are the sole and exclusive property of Black Fox Millennium (OPC) Ltd. and We retain all rights, title and interest in the BFM App.
  3. You understand that any use, display or reproduction of the BFM App Marks without Our prior written consent is prohibited and shall be reported by Us.
  4. You agree that when You upload, submit, store or send any Content on the Platform, You give Us a non-exclusive, perpetual, irrevocable and license to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute any Content, in whole or in part for the purpose of providing, operating, promoting, and/ or improving the Platform and/ or Service(s) and for business of Us
  5. We shall not be responsible for any Content, products, Service(s), privileges or offers available on the Platform and We shall not be liable for the authenticity and availability of such Content or vacancies.
  6. The BFM Platform may include/ display links to other online platforms which are outside Our control and may contain materials that are objectionable, unlawful or inaccurate. We do not support such third-party links/products/service(s) they provide, hence, We shall not be responsible or liable for the Content, accuracy or authenticity of the same.

III. Eligibility:

You will be eligible to be a User of BFM App if:

  1. You are above 12 years of age
  2. You are a Natural Person
  3. You are a Jurist Person
  4. You are not a Robot
  5. You can form a binding contract with BFM legally
  6. You are not convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence (Any convict who has completed his period of punishment shall be counted in this definition)

IV. Interactions:

By using the features of BFM you get to interact with people all over the world. The BFM features allows others to browse through your feed and send you work proposals or You could send hirers Your Resume or Portfolio. BFM is not responsible for the conduct of any member on or off of the Service(s). You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service(s) or meet in person. In addition, you agree to review and follow BFM App’s privacy policy prior to using the Service(s).

It is clearly stated that you are solely responsible for your interactions with other members. You understand that BFM does not conduct any background checks on its other Users or otherwise. BFM makes no representations or warranties as to the conduct of other Users.

V. Terms of Use:

You agree to use the Platform and Service(s) only for such purposes as is permitted by this Agreement. The BFM App’s terms of Use are as follows:

  1. The purpose of the Platform and Service(s) is to provide an online Platform and medium to its Users that helps them:
    1. In building their online work presence
    2. Building their portfolio on BFM feed
    3. Presenting their content to other Users globally
    4. Interacting and collaborating with fellow users
    5. Find Users in vicinity that you can work with for your project
    6. Sending work proposals to Users you want to hire/or use service(s) of
    7. Sending their Resume and Portfolio to hirers or prospectus client
    8. Search other Users associated to their field using BFM search engine
  2. In order to provide BFM Service(s), the Users are required to become a member of the Platform by registering on the Platform by providing specific information and creating an account (‘Registered Account’). You agree and understand that Registrable Service(s) shall not be provided to You unless You register on the Platform and become a Registered User in the form and manner required by Us.
  3. You agree and acknowledge that provision of Registrable Service(s) to You is dependent on the information that You provide to access such Registrable Service(s). You shall ensure that all such information provided by You is always true, accurate, complete and updated.
  4. You will solely be responsible for maintaining the privacy and confidentiality of Your access details (user ID, password etc.) with respect to Your Registered Account. Any access to or use of Your Registered Account shall be construed as access or use of such Registered Account by You.
  5. The service(s) we provide you is restricted to connecting the artist with the employer or hirer using our features which are descriptively described on our BFM App Website. BFM is not responsible for any conduct or terms of service(s) between the Artist and the Hirer in furtherance to their contract or agreement of employment.
  6. The best way to utilize the features of the BFM App is to:
    1. Post about your work on Your BFM feed
    2. Connect with people from your field using BFM Connect
    3. Search and get inspire by the other Users of BFM App
    4. Search for artists and employees using BFM search engine
    5. Send authentic and decent proposals to the Users who you want to hire or use service(s) of
    6. Send your resume and portfolio to people who You want should hire you or use your service(s)
  7. Notwithstanding anything to the contrary contained herein, You alone shall be liable for Your dealings and interaction with the other Users contacted through the Platform and BFM App shall have no liability or responsibility in this regard. BFM App does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the Information or work proposal provided by such User or any third party through the BFM Platform.
  8. You agree that You will not use the Service(s) or any Content for any purpose that is illegal, unlawful or prohibited by this Agreement. You will not engage or attempt to engage in any activity that may:
    1. Reverse engineer, decompile or otherwise extract the source code(s) related to the Platforms or Service(s) or any part thereof, unless it is expressly permitted by Us in writing or is required by Applicable Law
    2. Register on the Platform to access Registrable Service(s) or create any Registered Account by automated means or under false or fraudulent pretences for using the Service(s), including creating multiple Registered Accounts or resumes under a single Registered Account;
    3. Use Service(s) in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, or interfere with any other third party's access to and/or enjoyment of Service(s);
  9. You acknowledge and understand that BFM App shall have a right but not the obligation to review all of the Content displayed on the Platform. We do not control actions of other Users and do not guarantee the accuracy, integrity or quality of any Content posted by them.
  10. You warrant and covenant to assume all risks associated with Your Content, including its quality, accuracy or reliability, or any disclosure made by You in the Content that makes any Person personally identifiable.
  11. Although BFM App reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and BFM cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service(s) that violates this Agreement, please report it by emailing us on: team@bfmstudios.com

VI. User Generated Content:

User-generated content or most commonly known as UGC is content that is contributed by the Users to the BFM app, and which is visible to or accessible by others Users of the BFM App. It is required that:

  • The User accepts the BFM App's terms and conditions and privacy policy before operating
  • The UGC must not be objectionable and must not be prohibited by BFM App’s terms and conditions and privacy policy
  • If the UGC is not user friendly and in accordance to BFM App's terms and conditions and privacy policy or against any law then BFM App will remove or block abusive users who violate the same.

VII. Community Guidelines:

By using the Service(s), you agree that you will not:

  1. use the Service(s) for any purpose that is illegal or prohibited by this Agreement, and/or
  2. use the Service(s) for any harmful or nefarious purpose, and/or
  3. use the Service(s) in order to damage BFM App, and/or
  4. spam, solicit money from or defraud any members, and/or
  5. impersonate any person or entity or post any images of another person without his or her permission, and/or
  6. bully, "stalk", intimidate, assault, harass, mistreat or defame any person, and/or
  7. post any Content that violates or infringes anyone's rights, including rights of publicity, and/or
  8. privacy, copyright, trademark or other intellectual property or contract right, and/or
  9. post any Content that is hate speech, threatening, sexually explicit or pornographic, and/or
  10. post any Content that incites violence; or contains nudity or graphic or gratuitous violence, and/or
  11. post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, and/or
  12. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission, and/or
  13. use another member's account, share an account with another member, or maintain more than one account, and/or
  14. create another account if we have already terminated your account, unless you have our permission.

VIII. Arbitration Clause:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service(s) shall be binding arbitration administered as per Arbitration and Conciliation Act, 1960. Representative of Black Fox Millennium and Your will appoint one arbitrator each and each arbitrator so appointed shall appoint 3rd Arbitrator.
  2. The 3 arbitrators shall form a panel that will arbitrate over the dispute and such decision formed by them shall be binding on both the Parties.
  3. Such arbitration shall be conducted by written submissions only, unless either you or BFM (OPC) Ltd. elect to invoke the right to an oral hearing before the Arbitrator.
  4. You agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against BFM.
  5. You agree to the above arbitration agreement and in doing so, You give up your right to go to court to assert or defend any claims between you and the Company. You also give up your right to participate in a class action or other class proceeding.
  6. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  7. BFM does not take part in dispute settlement procedures in front of a Consumer Forum of India or any other country.

IX. Terms of Termination:

You as the User agree that BFM App has irrevocable right to terminate your account if:

  1. You violate the Privacy Policy of BFM App, and/or
  2. You violate the Terms and Conditions of BFM App, and/or
  3. You violate clause VII of this Terms and Conditions i.e., Community guidelines, and/or
  4. You violate clause VIII of this Terms and Conditions i.e., the Arbitration clause, and/or
  5. You are reported by other Users for violating any policy/guideline/terms, and/or
  6. For any reasons as laid down by Governing/Applicable laws are defaulter and thereby bound to be terminated, and/or
  7. You knowingly or unknowingly cause, direct or indirect, breach, as ascertained by Us, of any part of the Agreement, and/or
  8. We are required to terminate this Agreement by government order or order of a court with requisite jurisdiction, and/or
  9. Any reason whatsoever found appropriate under the discretion of Black Fox Millennium.

X. User’s Indemnity:

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless BFM App, our affiliates and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service(s), your Content, or your breach of this Agreement.

XI. Contact Us:

If you have any questions about this Terms and Conditions or need to report about a defaulter of Terms and Conditions, You can contact us through our Email ID: team@bfmstudios.com