TERMS OF SERVICE



YOUR ACCEPTANCE


  1. Esurance Inc. (“Esurance”, “we”, “us” or “our”), hosts and maintains – either itself or through one or more third party service providers which may include, without limitation, Saavn, LLC (“Saavn”) – that certain portion of the Esurance website located at the domain www.esurance.com/bollywood (the “Bollywood Site”). Your access to and use of the Bollywood Site is subject to these Terms and Conditions (the “Terms of Service”). We may revise these Terms of Service at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Service to which you are bound. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. By accessing, browsing, and otherwise using the Bollywood Site you signify your acceptance of these Terms of Service without limitation or qualification. If you do not agree to these Terms of Service, then please do not use the Bollywood Site.

BOLLYWOOD SITE


  1. These Terms of Service apply to all users of the Bollywood Site including, without limitation registered users who enter the Bollywood Casting Call Contest. References to the Bollywood Site in these Terms of Service include all components, elements and aspects of the Bollywood Site, including but not limited to all contest, sweepstakes, products, and services which may be advertised, promoted or offered via the Bollywood Site channels, and any video players, comment and rating capabilities, the "Embeddable Player", the "Uploader" and any other applications featured on the Bollywood Site.
  2. The Bollywood Site may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third parties and third party web sites. In addition, we will not and cannot censor or edit the content of any third-party web site. You expressly release us from any and all liability arising from your use of any third-party web site.

    3. BOLLYWOOD SITE ACCOUNTS


    1. In order to access some features of the Bollywood Site, you will have to create an account by becoming a registered user. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Bollywood Site immediately of any breach of security or unauthorized use of your account.
    2. Although the Bollywood Site will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Esurance, Saavn, or other third parties’ losses due to such unauthorized use.

    GENERAL USE OF THE WEBSITE-PERMISSIONS AND RESTRICTIONS


      We hereby grant you permission to access and use the Bollywood Site as set forth in these Terms of Service, provided that:
    1. You agree not to distribute in any medium any part of the Bollywood Site, including but not limited to User Submissions (defined below), without our prior written authorization.
    2. You agree not to alter or modify any part of the Bollywood Site, including but not limited to Bollywood Site's Embeddable Player or any of its related technologies.
    3. You agree not to access User Submissions (defined below) or Bollywood Site content through any technology or means other than the video playback pages of the Bollywood Site itself, the Bollywood Site Embeddable Player, or other explicitly authorized means Bollywood Site may designate.
    4. You agree not to use the Bollywood Site, including the Bollywood Site Embeddable Player for any commercial use, without the prior written authorization of Bollywood Site. Prohibited commercial uses include any of the following actions taken without Bollywood Site's express approval:
      • sale of access to the Bollywood Site or its related services (such as the Embeddable Player) on another web site;
      • use of the Bollywood Site or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
      • the sale of advertising, on the Bollywood Site or any third-party web site, targeted to the content of specific User Submissions or Bollywood Site content;
      • and any use of the Bollywood Site or its related services (such as the Embeddable player) that Bollywood Site finds, in its sole discretion, to use Bollywood Site's resources or User Submissions with the effect of competing with or displacing the market for the Bollywood Site content, or the User Submissions.
    5. PROHIBITED COMMERCIAL USES DO NOT INCLUDE:
      • uploading an original video to the Bollywood Site as part of your entry in a contest sponsored by us, subject to the applicable Official Rules of such contest;
      • any use that we expressly authorize in writing.
    6. If you use the Bollywood Site Embeddable Player on your web site, you must include a prominent link back to the Bollywood Site on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
    7. If you use the Bollywood Site Video Uploader, you agree that it may automatically download and install updates from time to time from Bollywood Site. These updates are designed to improve, enhance and further develop the Video Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us or Saavn to deliver these to you) as part of your use of the Video Uploader
    8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Bollywood Site in a manner that sends more request messages to the Bollywood Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bollywood Site grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bollywood Site reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including registered user names, from the Bollywood Site, nor to use the communication systems provided by the Bollywood Site (e.g. comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Bollywood Site with respect to their User Submissions.
    9. In your use of the Bollywood Site, you will otherwise comply with these Terms of Service, any other applicable rules, policies or procedures posted on the Bollywood Site, and all applicable local, national, and international laws and regulations.
    10. We reserve the right to discontinue any aspect of the Bollywood Site at any time.

    YOUR USE OF CONTENT ON THE SITE


      In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Bollywood Site:
    1. The content on the Bollywood Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content"), including the trademarks, service marks and logos contained therein ("Marks"), are either the property of Esurance, or the property of third parties. Content on the Bollywood Site is provided to you AS IS for your information and non-commercial personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You shall not copy or download any video, music, or other Content unless you see a “download” or similar link displayed by us on the Bollywood Site for that Content. We reserve all rights not expressly granted in and to the Bollywood Site and the Content.
    2. You may access User Submissions solely for your information and non-commercial personal as intended through the provided functionality of the Bollywood Site. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by Bollywood Site on the Bollywood Site for that User Submission.
    3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Bollywood Site. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Bollywood Site or otherwise as prohibited under these Terms and Conditions.
    4. You may access Bollywood Site Content, User Submissions and other content only as permitted under these Terms of Service. We reserve all rights not expressly granted in and to the Bollywood Site Content and the Bollywood Site.
    5. You agree to not engage in the use, copying, or distribution of any of content on the Bollywood Site other than as expressly permitted herein, including any use, copying, or distribution of third party User Submissions obtained through the Bollywood Site for any commercial purposes.
    6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Bollywood Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Bollywood Site or the Content therein.
    7. You understand that when using the Bollywood Site, you will be exposed to User Submissions from a variety of sources, and that Bollywood Site is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bollywood Site with respect thereto, and agree to indemnify and hold Esurance, Saavn, and their respective parents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Bollywood Site.

    8. Your User Submissions and Conduct
      1. As a Bollywood Site registered user you may submit video content ("User Videos") and textual content ("User Comments"). User Videos and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Bollywood Site does not guarantee any confidentiality with respect to any User Submissions.
      2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Esurance to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by Esurance and these Terms of Service.
      3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Esurance through the Bollywood Site, you hereby grant Esurance a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with Esurance’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Bollywood Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Bollywood Site a perpetual, irrevocable, non-exclusive license to access your User Submissions through the Bollywood Site, and to use, reproduce, distribute, display and perform such User Submissions as may be permitted through the functionality of the Bollywood Site and under these Terms of Service. The rights and licenses you grant to Esurance in this paragraph are meant to run in conjunction with any rights and licenses you may grant to us with respect to User Submissions as an entrant in any contest we sponsor on or through the Bollywood Site.
      4. . In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein.
      5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
      6. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Bollywood Site, and we will remove all Content and User Submissions which infringe on another's intellectual property rights; provided that we are properly notified of such infringement. We reserve the right to remove Content and User Submissions without prior notice.

    Account Termination Policy


    1. We reserve the right to terminate your registered user account without prior notice if, in our sole discretion, you are determined to have violated these Terms of Service.
    2. We reserve the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service or any applicable rules, policies or regulations posted on the Bollywood Site including, but not limited to, whether a User Submission contains pornographic, obscene or defamatory material. We may remove such User Submissions and/or terminate your registered user account for uploading material in violation of these Terms of Service or other applicable rules, policies or regulations at any time, without prior notice and at our sole discretion.

    Digital Millennium Copyright Act


    1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
        • Our designated Copyright Agent to receive notifications of claimed infringement is: John DeMarchi, 72 Madison Avenue, 5th Floor, New York, NY 10016, email: john@saavn.com, fax: 646 349 4013. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
    2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
      • Your physical or electronic signature;
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
        • If a counter-notice is received by the Copyright Agent, Bollywood Site may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bollywood Site's sole discretion.

    WARRANTY DISCLAIMER


    YOU AGREE THAT YOUR USE OF THE BOLLYWOOD SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ESURANCE, SAAVN, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE BOLLYWOOD SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE BOLLYWOOD SITE’S CONTENT OR THE CONTENT OF ANY WEB SITES LINKED TO THE BOLLYWOOD SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT APPEARING ON THE BOLLYWOOD SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BOLLYWOOD SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BOLLYWOOD SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE BOLLYWOOD SITE BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS) POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOLLYWOOD SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BOLLYWOOD SITE OR ANY HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE APPROPRIATE CAUTION.

    LIMITATION OF LIABILITY


    IN NO EVENT SHALL ESURANCE, SAAVN, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON THE BOLLYWOOD SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR BOLLYWOOD SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE BOLLYWOOD SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE BOLLYWOOD SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BOLLYWOOD SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESURANCE OR SAAVN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Bollywood Site is intended for viewing in the United States of America. We make no representation that the Bollywood Site is appropriate or available for use in other locations. Those who access or use the Bollywood Site from other jurisdictions do so at their own risk and are responsible for compliance with local law.

    INDEMNITY


    You agree to defend, indemnify and hold harmless Esurance and Saavn, their respective parents, affiliates, successors and assigns, and each of their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Bollywood Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Bollywood Site.

    ASSIGNMENT


    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

    GENERAL


    You agree that: (i) the Bollywood Site shall be deemed solely based in California; and (ii) the Bollywood Site shall be deemed a passive web site that does not give rise to personal jurisdiction over Esurance, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Esurance that arises in whole or in part from your use of the Bollywood Site shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California. These Terms of Service, together with the Privacy Notice and any other legal notices published by us on the Bollywood Site, shall constitute the entire agreement between you and us concerning the Bollywood Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Bollywood Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BOLLYWOOD SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

No purchase necessary to enter or win. A purchase will not increase your chances of winning. Open to legal residents of 1 of the 50 US or DC who are the age of majority in their state of residence. Entry period begins at noon PST on 7/3/09 and ends at noon PST on 7/31/09. Winner will be required to submit a photograph of him/herself as a condition of receiving the prize. Prize has no monetary value. Void where prohibited. Subject to Official Rules, which contain additional details and restrictions.
Sponsor: Esurance Inc., 650 Davis Street, San Francisco, CA 94111.