Terms of Content Submission
You are in the business of producing web content or musical content for various television channel/ web platforms and have approached us, Planet Marathi with a concept, based on which you would want us to commission the production of a web series based on a "work for hire" basis or a music production, or a sale of a music production, where Planet Marathi shall own all intellectual property rights, therein, for exploitation throughout the world in all forms of media and without any limitation ("Proposal").
We, at Planet Marathi, have had a discussion with you and require you to sign the attached terms and conditions form prior to considering the said proposal, including any program formats , literary material concepts, videos and musical compositions or any other proposal of any nature whatsoever. In order to enable Planet Marathi to consider the proposal submitted by you, you will have to read the terms and conditions (T&C) contained herein, and convey your consent to such terms and conditions contained by signing this form.
Please note that any Proposal(s) submitted to Planet Marathi for consideration shall not be considered to have been submitted, unless the said Proposal is attached duly signed copy of this Form in original.
Terms & Conditions
1. The Proposer, whose name and address is set out in these consent form, (hereinafter referred to as "Proposer" which expression shall, unless repugnant to the context hereof, mean and include its executors, administrators, legal representative and permitted assigns as the case maybe ) hereby requests an opportunity to submit a proposal to Planet Marathi.
2. The Proposer hereby stated that the Proposal is being made voluntarily, and on an unsolicited basis and warrants that the proposal is an original literary work and he/she is the sole creator/ author/ owner of the proposal, and that no rights vest in any other party in respect of the said proposal.
3. The Proposer hereby warrants that all intellectual property and other rights, including but not limited to copyright, in respect of the proposal vest in the Prosper, and that the said proposal is in no way in violation of any law that may be force in India.
4. The Proposer warrants that neither has any right in the proposal been granted to any third party, nor has the proposal been exploited in any way till date. The Proposer further warrants that the said proposal is original and/or any of its constituents features/ parts thereof do not infringe the intellectual property of any person.
5. The Proposer further represents and warrants that the Proposal does not contain any confidential information relating to a third party and/ or any information relating to a third party which the Proposal is not lawfully authorized to disclose whether under a contractual obligation with a third party and/or applicable laws.
6. The Proposer hereby agrees to indemnify and hold harmless Planet Marathi, its employees, officers and agents form or against any claims, losses, damages, liabilities or costs, including without limitations, legal fees, arising out of any breach of any warranty, representation or undertaking made by the Proposer herein. In the event of any claims, The Proposer shall promptly adjust, settle, defend or otherwise dispose of such claim at his sole cost.
7. The Proposer acknowledges that the Parties have not yet reached any agreement concerning the use of the Proposal, and that no obligation of any kind may be implied against Planet Marathi by a mere submission of the Proposal, until a written contract has been executed between the Parted, inter se, in this regards. In the event of the Proposal is accepted for exploitation by Planet Marathi, Planet Marathi and the Proposer shall enter into a detailed agreement detailing the mutual rights and obligation of the Parties for all purposes.
8. The Proposer hereby indemnifies Planet Marathi from any legal actions, damages, loss, etc. that may result consequent to the possible acceptance of the Proposal.
9. The Proposer accepts that no obligation is assumed by Planet Marathi or may be implied against Planet Marathi, until a written contract in this connection has been executed between two Parties in this regard.
10. The Proposer further understands and acknowledges that nothing in the Form obligates Planet Marathi to maintain confidentiality in respect of the Proposal or any part thereof, which is (a) already available or known publicly; or (b) has been made available to Planet Marathi by the third parties with/ without any obligation to maintain confidentiality; or (c) is independently developed by Planet Marathi or any of its employees, representatives, contractors, licensencors, assignors or agents or is acquired by Planet Marathi from any third party.
11. The Proposer hereby acknowledges that mere acceptance of this Proposal shall not result in the establishment of a fiduciary relationship or a relationship in the nature of an agent and principal between the Proposer and Planet Marathi.
12. The Proposer declared that it has disclosed all features contained in this Proposal including any particular constituents thereof such as the script, outline, drawing, photographs, taped materials and no features thereof have been suppressed from Planet Marathi.
13. The Proposer's offer to submit the Proposal to Planet Marathi done not imply that Planet Marathi regards the said Proposal, or any part thereof, as being original, valuable or usable.
14. The Proposer recognizes the other person may have also submitted to Planet Marathi or to others, or made public, or may hereafter and independently hereof, originate and submit or otherwise make public material which may either be similar, or identical to the Proposal, which materials Planet Marathi shall have rights to use without the payment of any compensation to the Proposer.
15. The term of this Form shall be construed in accordance with the law of India and in case of any dispute or other matters arising in reference of this Agreement it shall be referred to the exclusive jurisdiction of the courts situated in Mumbai.
16. The Proposer further agrees that all rights and remedies, if any, shall be limited to an action to recover monetary damages and, without limitations, the Proposer expressly agrees that he / she shall not seek to enjoin or restrain the production, exhibition, distribution, licensing, advertise and/or promotion of any Planet Marathi's programming, promotional or marketing plans and/or other rights in this connection.
17.The Proposer further warrants that he/she hereby releases Planet Marathi from any liabilities for loss or any damage to the Proposer. The Proposer acknowledges and agrees that Planet Marathi is not obliged to return the Proposal and /or the materials containing thru same to him/ her or to provide any response or feedback to him/ her on the Proposal. However, if Planet Marathi decides to use the Proposal then Planet Marathi shall duly contact thru Proposer and enter into a proper agreement with the Proposer for acquiring the right to such Proposal and any work created by the Proposer and engage the Proposer for rendering his services for this purpose.
18.The proposer agrees and acknowledges that attachments, if any, sent by the Proposer shall be at the cost of the Proposer and the same shall not be returned by Planet Marathi at any time even if Planet Marathi does not enter into a formal agreement with the Proposer. The Proposer by accepting the terms and conditions and signing the Form below agreeing to Planet Marathi's use of the Proposal to develop any other story or content adapt and redraft on the basis of the Proposal without any other story or content adapted and redrafted on the basis of the Proposal without any further permission or consideration, unless Planet Marathi specifically engages the Proposer to develop and deliver to Planet Marathi any further literary work based on the Proposal, the terms of which shall be mutually agreed between Planet Marathi and Proposer for such engagement.
19.The Proposer agrees that by sending/ communicating the Proposal to Planet Marathi and by accepting the Terms & Conditions, the Proposer agrees to all the Terms & Conditions listen herein and any subsequent an unilateral alterations to the same.
20.The invalidity of any provision as contained in the Form shall not impact the continuing legal validity of any other provision, either individually or taken tandem with any other, as the case may be.
21.The Proposer hereby acknowledges that he/ she is signing the Form voluntarily, without coercion or any undue influence whatsoever on the part of Planet Marathi and with complete understanding of all the terms and conditions contained herein.
22.In the event of beach of any of the aforestated terms and conditions, the same shall attract suitable legal actions.