- 1.Eligibility: Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 or the relevant laws in your jurisdiction including minors, un-discharged insolvents etc. shall not be eligible to use the Platform and/or avail the Services. Any minor who wishes to use or contribute on the Platform, is required to conduct such transaction through his / her legal guardian or parents. If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Platform and avail the Services on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
You may only access the Platform and use the Content and 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 Platform, Content and the Services.
Each User shall be required to register and create an user account on the Platform before using the Platform. Each User may create and hold one Account only. Such Account shall be created with a valid mobile number or email address. The User may also login via their accounts on social media platforms, facebook.com, google.com or apple.com to register on the platform. You shall not share your OTP with anyone under any circumstances. The User shall be responsible for maintaining the confidentiality of any username/access/OTP and password of the Account in the process of the use of the Platform and the User shall be responsible for all activities that occur under its username/access/OTP and password. A User can delete its Account through a request send at email@example.com.
You also acknowledge that your Account is personal to you or the organization creating the Account and you agree not to provide any other person with access to the Services using your name, password, or any other security information in relation to the Account. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
If you violate any of these limitations, we may terminate your Account in our discretion and without limitation.
- 2.Services and Additional Terms: The Platform provides following services to the Users
- A. Access personalised content created by the Artists of the User’s choice as per the requests received from the Users(“Celebrity Wish”).
- B. Submit creative ideas in form of movie scripts, TV show script, song lyrics and others to connect with a producer/investor/filmmaker or similar individual/organization (“Creative Corner”).
- C. Participate and submit their talent in ongoing events/contests organised at the Platform by Platform or an end-user, or opportunities created at the Platform by Platform or an end-user (“Event/Opportunity”).
You acknowledge and agree that the Company may market and provide the Services under any of the brand names owned by or licensed to the Company or in combination with the brand names of third party, including co-branding, double-branding or other combinations. You further agree that the Company may market and /or market the Services through third-party applications and platforms, at its sole discretion.
- The Company may change, suspend, or discontinue the availability of any of the Services at any time, without any notice or liability. In addition, the Company may impose limits on certain features of the Services or restrict your access to parts or all of the Services or the Platform without notice or liability. The Users acknowledge that the charges payable in connection with the Services, may be subject to change, without notice or liability.
- Through the Platform you may submit a request to avail a Service. However, you acknowledge that your request may or may not be accepted. The maximum time within which a request will be completed or rejected will be shared on the Platform and refunds will be initiated as per our Cancellation and Refund Policy for cancelled and rejected requests.
- You fully understand that any Content uploaded, submitted, or offered for publication by the Artists via the Services, shall be the content of the Artists. The Company does not review or modify any Content, except as stated here otherwise. The Company does not endorse any Content submitted via the Platform by any Artist, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with the Content. Notwithstanding the above, the Company reserves the right to, but does not have any obligation to, reject a request, remove, or block the Services in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, a request contrary to General Prohibitions: Clause 9 or upon receipt of claims or allegations from third parties or authorities), or for no reason at all. Your interactions with third parties, including the Users and the Artists, as the case may be, found on or through the Platform are solely between you and such third party; however, the Company may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with the Company if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction. The Users agree not to contact or interact with any Artist except as expressly permitted through our Platform. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release the Company from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Services or the Platform.
- If you have a dispute with any third party over any Service, offering or interaction over the Services, you agree not to make any claim of any kind or nature against the Company or its affiliates, no matter whether such claims, requirements or compensation of damages are known, ensured or released.
- 5.Ownership:: We own or license all right, title, and interest in and to (a) the Platform and Services, the format of the Services offerings, including all software, text, media, look and feel of the Platform and the Services; and (b) our trademarks, logos, designs, trade names and brand elements.
- We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at firstname.lastname@example.org.
- You hereby grant the Company the right to share the necessary information, which is shared by you, with the Artist or the User, as the case may be.
Notwithstanding the payment and ownership provisions as set out herein, the Users agree that the Company has no obligations relating to Content, either joint or several.
- If you breach any of the provisions herein, your license to use the Services and/or the Content is terminated with immediate effect and without further notice.
- You hereby grant to the Company, a royalty free and a transferable license to use the Content in all media and in any manner the Company may deem fit for the purpose of the delivery and promotion of the Platform and the Services.
You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any Services and/or the Content.
You agree that you shall not, other than through the Company, directly or indirectly contact or attempt to contact the Artist or the User, as the case may be or negotiate the terms of the Artist’s engagement in relation to the Services or services similar to the Services. Without limiting any other rights or remedies available to the Company, any attempt to circumvent the Company may result in termination of your Account.
- 7.Charges: User shall be responsible for payment of all fees/costs/charges associated with the purchase of Services via the Platform and the User agrees to bear any and all applicable taxes in relation thereto including but not limited to GST.
The Company will collect charges or other amounts from you in respect of the Services availed through the Platform, as set forth on the Platform or as otherwise communicated to you by the Company.
- 9.General Prohibitions: In addition to the prohibitions imposed on you under applicable law, you agree not to do or allow to do any of the following:
- a.post, request for, upload, publish, submit or transmit any content that:
- 1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- 2.violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- 3.is fraudulent, false, misleading or deceptive;
- 4.is defamatory, obscene or pornographic;
- 5.promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- 6.is violent or threatening or promotes violence or actions that are threatening to any person or entity;
- 7.promotes illegal or harmful activities or substances;
- 8.contains personal or contact information about any other person without their prior authorization; or
- 9.violates any content policies the Company has published for the Services.
- 10.threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder;
- 11.threatens Critical Information Infrastructure as defined in Explanation of sub-section (1) of section 70 of the IT Act;
- 12.Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation or use automated programs to start chats;
- 13.transmit any worms or viruses or any code of a destructive nature;
- 14.you shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, Services, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
- 15.you shall not engage in advertising to, or solicitation of, other Users or the Artists of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
- b.Encourage or enable any other individual to do any of the foregoing.
- 11.Disclaimer of warranties and Limitation of Liability: YOUR USE OF THE PLATFORM, SERVICES AND THE CONTENT IS SOLELY AT YOUR OWN RISK. We do not warrant that the Platform will be compatible with all hardware, software and other systems which you may use.
- To the fullest extent permitted by law, the Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of Platform’s or the of any sites linked to the Platform. The Platform, Services and the Content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the Platform or Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed.
- YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM OR THE SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IF ANY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
- IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, PARTNERS, ARTISTS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT RECEIVED BY US FROM YOU WITHIN THE LAST 6 MONTHS TOWARDS THE SERVICES.
- 12. You undertake that you shall keep secure and not at any time disclose to any person any information relating to us which we reasonably consider to be confidential, including but not limited to details of our business methods, finances, prices or pricing strategy, marketing or development plans or strategies and any other information made available to you via the Platform or the Services which is or ought reasonably to be considered confidential in nature.
- 13. You acknowledge that you will not directly or indirectly parody, disparage, make any critical or disparaging statements to any third parties (including, without limitation, any print or broadcast media) about the Company, or any of the Services or any of the Users or the Artists.
- 14.General Provisions
- Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform, the Services or the Content.
Additional Terms – Products for Users who are not Brand Owners
- 1.Through the Platform, you have the opportunity to purchase "Celebrity Wish" from the Artists listed on the Platform. A “Celebrity” is a personalized video message from your favorite Artist list on the platform. You can place a request with your message to us for a Celebrity Wish video using the Platform.
- 2.Subject to the payment of the applicable charges, you will have a non-exclusive, limited, revocable, non-transferable and a worldwide license from the relevant Artist to use a Celebrity Wish purchased on the Platform, for your own personal, non-commercial, entertainment and non-promotional purposes. A Celebrity Wish is only licensed to you and not sold to you. You shall not modify or edit a Celebrity Wishor re-sell your rights therein in anyway.
- 3.You may, at its cost and risk, publish or upload a Celebrity Wish, or any part thereof, on any media including any social media platform.
Additional Terms – Services for Users who are Brand Owners (“Brand Services”)
- 1.A Brand Owner may purchase the Services such as (a) “Brand Shout Out”, a personalized and customized video message from an Artist, marketing a brand or promoting a product of the Brand Owner; (b) “Celebrity Byte”, a personalized video message from an Artist, on behalf of the Brand Owner; (c) “Performance Video” consisting of a video recording performance by an Artist, specially created for the Brand Owner; (d) “Celebrity Campaign” consisting of video or image stories or posts by an Artist for endorsing a brand or promoting a product of the Brand Owner; or (f) any other Service as the Company may provide from time to time.
- 2.A Brand Owner may submit a request for purchasing any of the Brand Services by submitting a request on the Platform.
- 3.Upon receipt of a request for availing one or more Brand Services we will liaise with the Brand Owner and the Artist shortlisted by the Brand Owner for finalising the engagement rates and the deliverables. Once the request of the Brand Owner is accepted, the Company and the Brand Owner shall execute a separate services agreement which shall set forth the details of the Brand Services to be provided by the Company (“Service Agreement”).
- 5.The purchase of the Brand Services and the grant of rights to use the Brand Services and the Content shall not entitle the Brand Owner to use or refer to the Artist as its brand ambassador and the Brand Owner shall not be entitled to use the name, images or likeness of the Artist in connection with its brand and/or its products.
- 6.The Brand Owner hereby grants the Company and the Artist shortlisted, a worldwide, non-exclusive, royalty-free, and transferable right to use the brand name, trademark, logo and other intellectual property rights in relations to its brand and products in order to enable the Company to provide the Services and the Artists to create the Content and for any and all promotional purposes of the Company on any online or offline platform, in print and electronic formats such as publications, videos, projects, and Platforms, as deem fit by the Company. The Company may in its sole discretion, publish, or press release, the name of or reference to the Brand Owner’s with the Company.
- 7.Further, the Company shall in no manner be held liable for any Content delivered by the Artist or any non-adherence of the Brand Owner’s requirements or applicable laws by the Artist.
Artist Special Terms
- 1.You hereby grant the Company a worldwide, non-exclusive, royalty-free, and transferable right to use, modify or edit to fit the format of delivery, reproduce, distribute, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Services and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform and/or the Services in any media formats and through any media channels. You provide the Company and its affiliates and partners, the undisputed and irrevocable right to apply its watermark, brand, logo including that of its partners and affiliates on the Product uploaded by you.
- 2.You agree that the Company may use the images and names likeness, and social profile links and/or handles used by you on its social media sites for promotional and advertising purposes on any online or offline platforms, in print and electronic formats such as publications, videos, projects, and websites, as deem fit by the Company. You authorize the Company to publish press releases, advertise and/or other general marketing information in any medium, related to your engagement with the Company.
- 3.The relationship between the Company and the Artist shall be on principal to principal basis and neither the Artist nor the Company shall constitute as joint ventures, partners, employees or agents of each other. Neither party shall bind the other to any agreement without the express written consent of the other.
- 4.You represent, warrant, and agree that:
- 1.you are eligible and free to enter into this arrangement and to grant the rights and licenses herein granted to the Company.
- 2.you have obtained all the necessary licenses and/or authorization to provide and permit the Company to use the images, names, likeness, social profile links and/or handles, logos, trademarks, trade names and/or any other indicia or materials associated with you;
- 3.you will obtain, at your own cost, any licenses, approvals, consents, registrations, etc. as may be required to provide the Products;
- 5.there are no prior or pending claims, proceedings, civil lawsuits, criminal prosecutions or other litigation matters, affecting you which would or might interfere with the Company’s full and complete exercise or enjoyment of any rights or licenses granted hereunder;
- 6.the usage of the Content is permitted by you and is free from any claim by any other third party;
- 7.adhere to all the laws applicable to you or your Products or your association with the Company.
You further represent that all the Content uploaded by you:
- 1.does not contain any material that is obscene, defamatory, libellous, slanderous or injurious to anyone. In the event of breach of this term, you shall fully indemnify and hold harmless the Company against any and/or all losses (direct and indirect), actions, claims, damages, costs and expenses incurred by the Company;
- 2.any and all opinions and views stated in the Content are genuinely held by you;
- 3.any and all statements in the relevant Services regarding your use and experience of the brand or brand’s product or services are true and correct and representative of your opinion;
- 4.infringes the privacy rights, contract rights or other rights (including intellectual property rights) of any person, corporation or entity.
You agree to indemnify, and must defend and hold harmless, the Company and its related bodies corporate, personnel, servants and agent, and the Users from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Platform):
- 1.your content or access to the Platform;
- 3.your claim against a User for any reason;
- 5.any claim or allegation that the Service infringes a third party’s rights, including intellectual property rights.
- 6.your violation of any applicable laws, rules or regulations; and
- 7.any misrepresentation made by you.