TERMS AND CONDITIONS

INTRODUCTION

By using this website, you are agreeing to comply with and be bound by the following terms and conditions. If you disagree with any part of these terms and conditions, you must not use this website.

DISCLAIMER:

 

The information provided on this website (www.failingitup.com) and on our YouTube Channel (www.youtube.com/c/failingitup) and its videos is for general purposes only and should NOT be considered as professional advice.

We are NOT Telling People to Fail. We simply want the Process of Failing to become easy to cope up with and people take their Failures in a POSITIVE way and learn from them.

We are in no way legally liable for any damage that happens if people misunderstand our message. If you take our messages and videos in a negative way then leave our website and other social media channels right now.

Our MOTO is to spread Positivity.

Images of Believers in our Believers section have either been provided by the believer or from their social media account and we make NO Copyright claims to their personal image or content about each of the believers.

FAILING IT UP videos are produced by Sweet Tamarind Pictures.

We would like to invite sponsors to sponsor our videos production & promotion costs.

Name of the sponsors will be mentioned in the videos which are sponsored by them as ‘Sponsored by Brand Name’ or ‘Shared by Brand Name’

VARIATION

The content of this website, including product details and pricing, is for your general information and use only. It is subject to change at any time without warning.
TheseTerms and Conditions may be revised from time-to-time. Revised terms and conditions will apply to the use of this website, and any products, services or information available through this website, from the date of the revisions. It is your responsibility to check this page regularly to ensure you are familiar with the current version.

GOVERNING LAW AND JURISDICTION

These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of courts in Bangalore.

LIMITED OF LIABILITY AND WARRANTY

Bhawana Verma does not provide any warranty or guarantee for the accuracy, timeliness, or longevity of the products offered on this website.  Products are represented as accurately as possible, but Bhawana Verma is not responsible for discrepancies in color due to screen settings, translations of the text, or the timeliness of delivery of products.

No event or shoots of Bhawana Verma  including its affiliates, directors, officers, agents, employees shall be liable for any loss or damage whatsoever including not limited to direct, indirect, punitive, incidental and consequential damages, loss of profit, loss of data, loss of goodwill resulting from the use or inability to use the Site whether based on warranty, contract, tort or in any other means or action.

Bhawana Verma, Sweet Tamarind Pictures and Failing It Up are not responsible for any form of loss because of accidents or natural calamities like earthquake etc.

If we do not get the required release form signed by the model then their video or photos will be deleted and Model cannot legally claim or in any other way, those videos or photos.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

Your use of any information or materials on this website is entirely at your own risk, for which Bhawana Verma shall not be liable. It is your responsibility to ensure that any products, services or information available through this website meet your specific requirements.

LICENCE TO USE WEBSITE

This website and its abstract artwork and Failing it Up Blog content is the property of Bhawana Verma – © Failing It Up 2019. All rights reserved.

You may not, except with Bhawana Verma’s express written permission, recreate, reproduce or commercially exploit any part of the content contained on this website.

Unauthorized use of this content or this website may give rise to a claim for damages and/or be a criminal offense.

VIEWS EXPRESSED IN THE BLOG FAILING IT UP

The views expressed in the guest video interviews are their own views and we are not responsible for any repercussions of their views

 

The Blog articles written by Bhawana Verma are totally her viewpoint if you disagree with her views then you should STOP following her blog and website right NOW. Bhawana Verma has full right to express her views about the stigma attached to failing through her blog Failing It Up

CREW WORKING ON BEHALF OF FAILING IT UP

The crew working on the shoot for Failing It Up are strictly booked by Bhawana Verma and no one else.

Bhawana Verma’s prior email confirmation for booking an artist/crew member for the shoot is mandatory.

You are part of Failing It Up crew for our video or photo shoots ONLY if you have been booked directly by Bhawana Verma through a formal email.

 

FAILING IT UP videos are produced by Sweet Tamarind Pictures, Conceptualised, Scripted and directed by Bhawana Verma only as of now.

 

Please Note: No media house or production house is acting on our behalf for Failing It Up to do our video shoots or photoshoots. 

FAILING IT UP VIDEO PRODUCTION & PROMOTION

FAILING IT UP videos are produced by Sweet Tamarind Pictures.

We would like to invite sponsors to sponsor our videos production & promotion costs.

Name of the sponsors will be mentioned in the videos which are sponsored by them as ‘Sponsored by Brand Name’ or ‘Shared by Brand Name’

THUMBNAIL AND COVER PHOTOS

FAILING IT UP Cover Image and Thumbnail Images have been provided by the Guests and we have NO copyright of those images and we are using these images only for the Guests Feature.

The credit to the photographers is mentioned below in description if the Guests gives us the photographer’s name.

If a photographer has an objection that they have not been given credits kindly contact us and we will give you the due credits in the description.

Failing It Up Believers Covers

Failing It Up Believers is the story of People whose unique and positive perspective on Failure kept them motivated to achieve their goals.

Digital Cover of Failing It Up Believers releases 1st and 15th of every month.

The images selected for the cover is the editorial team’s decision.

The images are provided by the guests and we give credit to the photographer for the cover provided by our guests.

If a photographer feels due credit was not mentioned to them please contact us at bhawanavermafineart@gmail.com we will mention the credits asap.

Some times our guests are unable to recall the photographer, in that case, we will write photographer unknown and will mention the photographer’s name as soon as the photographer contacts us.

None of these photographs are our copyright and are only used for the editorial purpose for featuring our guests.

 

 FAILING IT UP: VIDEOS AND MODEL RELEASE FORM

We would like to thank you for contributing to the Failing It Up Community. ​Our goal is for your upcoming Failing It Up Interview to be widely distributed across a range of media platforms around the world. In order to do so, please review and if agreed, sign the Failing It Up release below​. Please note that if the materials in your Failing It Up Interview/Talk are not properly licensed, the Interview may be (i) rejected for publication, (ii) taken down from the Failing It Up YouTube channel by a copyright owner, and/or (iii) targeted for legal action due to infringement. Please complete this form, make copies for your records and email to bhawanavermafineart@gmail.com

  1. Scope. ​Failing It Up will be recording your interview/talk at the your home, office or our studio .The Interview is operated under license of Failing It Up. This release (the “Release”) represents our agreement concerning your participation for the Failing It Up interviews/talks. In consideration for the platform provided to you and in support of the goal of “De-stigmatizing Failing by Redefining Failure”, you agree that: (i) you have created your own interviews; (ii) the materials used in your presentation/interview/talk are owned by you or licensed appropriately for use; (iii) you grant Failing It Up, Sweet Tamarind Pictures and other entities authorized to do so — e.g., broadcasters — (collectively, the “Failing It Up Parties”) the right to record, stream, film and photograph your interview at the location(your home/Office/our studio (the “Presentation”); and (iv) you grant Failing It Up and Sweet Tamarind Pictures exclusive, unrestricted rights to display, distribute, perform, reproduce, edit, create derivative works from, and/or otherwise use the Interview anywhere around the world, in whole or in part, alone or accompanied by other material, in any and all media without any further approval from you, in perpetuity. This includes the ability to translate your Presentation into any language, and the right to sub-license the Presentation as necessary to third parties that Failing It Up and Sweet Tamarind Pictures deems appropriate.
  2. Personal information. ​You understand and agree that by contributing to Failing It Up, that you consent to have your Interview/Talk published worldwide, and grant full consent to Failing It Up and Sweet Tamarind Pictures to process, manage, store and transmit personal information collected from your Presentation/Interview/Talk, including supporting information, such as your name, voice, photograph, likeness and biographical data (collectively, “Supporting Information”) to third parties for permitted use. Examples of permitted uses of the Presentation/Interview/Talk and Supporting Information include Failing It Up’s right to display the Presentation/Interview/Talk on the Failing It Up’s YouTube channel or on Failing It Up’s website (www.failingitup.com) on television and distributing the Presentation on mobile phones, films, and other video distribution channels, such as iTunes, or through other third party organizations (such as airlines, hotels or corporate partners).
  3. Public distribution. You understand and agree that

Failing It Up Interviews selected for publication may be shared under a “Creative Commons” license, CC BY – NC – ND 4.0 as long as appropriate credit is given, not edited or distorted, nor used for commercial purposes.

  1. No conditions. ​You understand and agree that your involvement is for the opportunity to present your thoughts to redefine failure to a wide audience and to support the Failing It Up and its mission, as good and valuable consideration. You agree that there are no other conditions required and that: (i) Failing It Up aren’t obligated to use, publish or distribute the Presentation/Interview/Talk or Supporting Information in any way; (ii) you won’t receive any form of payment in connection with the use of the Presentation/Interview/Talk and/or Supporting Information; and (iii) except as required by law, you may not revoke the rights granted in this Release.
  2. Ownership. ​You affirm that: (i) you have the full power and authority to grant the rights set forth in this Release; (ii) you are the sole author of the Interview; (iii) you have not violated the intellectual property rights of another party and have permission to include all material in the interview, including, but not limited to, all copyrights and trademark rights; and (iv) you will advise Failing It Up in writing of all third-party material contained in the Interview (and provide copies of licenses or permissions securing all necessary rights). .
  3. Legal claims. ​If any third party claims arise stating the use of the Interview violates their rights, you agree to hold harmless and to cooperate fully with Failing It Up to defend against or otherwise respond to such claim, pay license fees, if applicable, and provide written evidence of ownership of any portion of your Interview if required.
  4. Entire agreement. ​This Release contains the entire understanding between the parties and may not be modified except in a writing signed by both of us. This Release is governed by Bangalore law, without regard to conflict-of-law principles. If you are under the age of 18, a signature from your parent/guardian is required below.

__________________________________________________________________________________________

Name                                                   Signature                                             Date

RELEASE FORM REQUIREMENT

The release form is required for us to be able to publish your interview on various platform for promotion. If we do not have the above release form signed by the guest, Failing It Up has complete authority to delete and destroy the interview footage or take down the interview from our YouTube Channel without giving any notification to the guest.