Terms & Conditions

1. Background

  • This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.epicmakers.com (“Website”).
  • The Website is owned, registered and operated by Qliken Technologies Pvt. Ltd., (“EpicMakers“), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at 1b, Lakeshore Manor, Gangadhar Chetty Road, Bangalore – 560042.
  • These terms of usage (“Terms of Use”) govern your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any content or information provided as part of the Website/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
  • For the purpose of these Terms of Use, wherever the context so requires “You“, “Your” or “User” shall mean any natural or legal person who uses the Website for availing the Services. The term “We”, “Us”, “Our” shall mean EpicMakers.
  • We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

2. Services

  • Through our Website, we enable users to submit their video footages, still photographs and audio files through a third party data transfer/storage service or enable such files to be sent by courier to us for submission to the Website on behalf of the user.
  • Upon submission of the user’s video footage, still photographs and/or audio files, we will make edits to such submissions as requested by the user and share the same with the user upon  completion of the task,  either by way of an edited video available online for download or viewing, or on a media storage device that could be provided to the user on a one-time basis   In the event the submission is shared via media storage devices, user shall make good the necessary expenses incurred by us for the purchase and transport of such storage devices.

3. Intellectual Property Rights

  • Copyright
  • All content included on the Website and delivered to users as part of the Service, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations, is the property of EpicMakers, and is protected by the applicable intellectual property laws. The compilation of all content on this Website is the exclusive property of EpicMakers, and shall not be reproduced or used without express written permission from EpicMakers. You agree not to decompile, reverse engineer or disassemble any content accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if we, in our sole and absolute discretion, believe that you are in violation of this clause.
  • EpicMakers’s content and sample videos made available on or via the Website, are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of EpicMakers. EpicMakers reserves all rights, not expressly granted in and to the Website.
  • Trademarks
  • www.epicmakers.com is the domain of EpicMakers. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of EpicMakers. The trademarks, domain names and trade dress of EpicMakers shall not be used or reproduced without prior written approval from EpicMakers, and may not be used in connection with any product or service that is not affiliated with EpicMakers, in any manner that is likely to (a) cause confusion among Users or potential users; or (b) dilute the rights of EpicMakers, or (c) to disparage or discredit EpicMakers.
  • License and warranty for your submissions to the Website
  • As between you and EpicMakers, you own the content and information you provide to EpicMakers, and you may request its deletion at any time. Additionally, you grant EpicMakers a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to EpicMakers, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to EpicMakers, without any further consent, notice and/or compensation to you or to any third parties.
  • Pursuant to this license, EpicMakers may grant other users access and share rights to your content and information in accordance with these Terms of Use.
  • Any content or information you submit to us is at your own risk. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

4. Submissions

  • As a user, you understand that whether or not your submissions are displayed or otherwise made available on the Website, EpicMakers does not guarantee any confidentiality or security with respect to any such submissions.
  •  EpicMakers accepts submissions in most video/audio formats that are currently and commonly used. In the event you wish to submit your video in a format that is not commonly used, you will need to find a suitable conversion tool, to convert your file format into one of the formats that can be edited by EpicMakers. Many conversion tools are available online and EpicMakers can recommend some tools to use to convert your videos. However, EpicMakers will not offer any support in the conversion task and it is the sole responsibility of the user to convert content to the available formats.
  • In connection with your submissions, you affirm, represent and warrant that, you own the necessary licenses, rights, consents, and permissions to use and authorize EpicMakers to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions in the manner contemplated by the Website and these Terms of Use.
  • You hereby confirm that you have the written consent, release, and/or permission of each and every identifiable individual person in the submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the submissions in the manner contemplated by the Website and these Terms of Use.
  • In the event you intend on cancelling your order, the following process shall be adopted i.e.
  • Communicate your request for cancellation, via an e-mail to EpicMakers, within 4 (Four) hours of placing your order.
  • If EpicMakers receives your request for cancellation within the timeframe specified in (a) above, EpicMakers shall accept your request for cancellation and no further action shall be taken as regards the submissions made by you.
  • If EpicMakers does not receive your request for cancellation within the timeframe specified in (a) above, EpicMakers will proceed with the edits requested by you as per your original order.
  • Under no circumstances will EpicMakers accept a request for cancellation or changes or modifications that are received after the timeframe specified in (a) above, except as otherwise specified in these Terms of Use.
  •  Upon completing the edits requested by the user, EpicMakers will send a link to the registered e-mail of the user, so as to enable the user to view the final edited version (“Final Version”) of the video. In the event, the user wishes to make any edits/correction to the Final Version of the video, he/she shall communicate his/her request for such edits/correction within 7 (Seven) days of receiving the Final Version of the video. The link to the Final Version of the video will be active for a period of 7 (Seven) days after which it will be deleted from our servers along with all project files.
  • The user can request for only one edit/correction to be made to the Final Version of the video within a period of 7 (Seven) days as mentioned above. However, such edits/corrections shall be subject to the following restrictions:
  • No changes shall be made to the brief document.
  • Total duration of the video cannot be altered.
  • Soundtrack used in the video cannot be altered.
  • Changes with respect to sequence of shots in the video can be carried out.
  • Replacement of shots will be restricted to the submissions made by the user.
  • Text based changes, titling corrections, further additions and replacement of texts can be carried out.
  • However, no additions or deletions should affect the total length of the Final Version of the video.
  • While we take necessary precautions to store data safely, we are not responsible for any leakage of data, whether caused by hacking of the website, data leakage by editors, employees or contracted personnel of EpicMakers or otherwise; and the transmission of this data subsequently by such persons.

5. Payment

You shall pay to EpicMakers, a fixed fee, for the Services availed by you, in accordance with the Service pricing and payment structure, as displayed on the Website, which may vary from time to time without notice. All payments made by you shall be net of all applicable taxes. Unless explicitly agreed to in advance by EpicMakers in writing, all fees paid and/or payable by you are non-refundable.

Payment shall be made by the user through any of the following payment mechanisms i.e.

  • A cheque or a Demand Draft  issued in favour of “Qliken Technologies Private Limited”; OR
  • Electronic transfer to the following designated account i.e.

Account Name: [Insert details here]

Bank: [Insert details here]

A/c No: [Insert details here]

Bank Code: [Insert details here]

Swift Code: [Insert details here]; OR

  • Payment by a credit/debit card, bank account transfers, online wallets or any other methodology via a third party payment gateway made available on our Website.

6. Confidential Information

  • You agree to safeguard any Confidential Information as defined below, which you may have had access to during your use of our Services, and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Confidential Information to any person or business.
  • In the event of violation of the above clause, we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages in connection with such prohibited use or disclosure.
  • For the purpose of these Terms of Use, “Confidential Information” means any information provided or made available to you in connection with use of the Website and/or Services, including but not limited to, designs, concepts, processes, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, trade secrets and the technology underlying the Services.

7. Fraud and Improper Conduct

  • You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:
  • interfere with the ability of others to access or use the Services;
  • disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users’ ability to use the Website or the Services;
  • claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
  • upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features.
  • You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Service, or obtain any services or information not intentionally made available to you by EpicMakers on or through the Service.
  • You shall not attempt to gain unauthorized access to the Account of any other user or entity, or otherwise interfere with any other user’s or entity’s use of the Service.
  • You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Service, including, without limitation, with respect to any identifying information for your account, and all information that you provide must be accurate and correct, and you must update any changes to such information, so that it remains current.

8. Limitation and Disclaimer of Warranty

  • The Website, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable laws of India, we disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
  • EpicMakers does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website or its Services.
  • Under no circumstances, including, but not limited to, negligence, shall EpicMakers be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Website, the Services or any portion thereof, by any person, including employees and contracted personnel of EpicMakers.
  • If you are dissatisfied or harmed by this Website or anything related the Website, you may terminate these Terms of Use in accordance with Clause 10 below and such termination shall be your sole and exclusive remedy.
  • EpicMakers does not guarantee that the Services it provides will function without interruption or errors in functioning. In the particular, the operation of Services may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in provision of the Services due to the above mentioned reasons, EpicMakers shall inform the user of the same, and EpicMakers disclaims all liability with respect to delay in provision of Services due to the same.
  • EpicMakers shall have the right, in its sole discretion, to accept or deny, delete, move or edit any video or other material or content uploaded by the user without any reference or notice to the user.

9. Indemnification

  • You agree to indemnify, defend and hold harmless EpicMakers, and our affiliates, officers, directors, agents, partners, employees and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of, (a) your failure to comply with these Terms of Use; or (b) where any content you submit, email, or otherwise transmit to us violates third party rights or applicable laws; or (c) any content you submit through your use of the Services, or any portion thereof, your connection to the Services that violates third party rights or applicable laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defence and in asserting any available defences.

10. Termination

  • EpicMakers may terminate these Terms of Use immediately without notice in the event of any breach by you of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by you.
  • You may terminate these Terms of Use, for any or no reason, at any time, with notice to EpicMakers pursuant to this Clause 10.2. This notice will be effective upon EpicMakers processing your notice.
  • In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, Fraud or Abuse, and the provisions of this section.
  • You agree that upon the termination of these Terms of Use, we may delete all information related to you with respect to the Services availed by you.

11. Links

  • The website or the Services may contain links to video files, audio files, text files, images or other files belonging to other websites (“Linked Sites“). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
  • We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only as a convenience, and the inclusion of any suck link does not imply endorsement by the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
  • On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

12. Severability

If any part of the Terms of Use for Services are determined to be invalid or unenforceable pursuant to applicable laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

13. General

Unless otherwise specified herein, these Terms of Use for Services constitutes the entire agreement between you and EpicMakers in respect of the Services and supersedes all previous written and oral agreements between you and EpicMakers, if any. EpicMakers’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

14. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and constructed in accordance with the applicable laws of India without reference to conflict of laws principles. The courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.

15. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Sridhar Viswanathan
E-mail: admin@epicmakers.com