An individual and/or user and/or recipient (the “user”) accessing the Website/App provides his/her/its details/information during the registration process of the Website/App, represents and warrants as under:
The user covenants that:
CELEBYTE ENCOURAGES THE USER TO REVIEW THE AGREEMENT WHENEVER HE/SHE/IT VISITS THE WEBSITE TO MAKE ENSURE THAT THE USER UNDERSTANDS THE TERMS AND CONDITIONS GOVERNING USE OF THE WEBSITE/APP. IF THE USER DOES NOT AGREE TO THE AGREEMENT, THE USER MAY IMMEDIATELY TERMINATE USE OF THE WEBSITE/APP.
1.2. License. The user has a limited, non-exclusive, non-transferable right to access the Celebyte products and/or content and/or service information made available on Celebyte Website/App. The user is bound by the representation and warranties together with the covenants of the user and the limited non-exclusive license granted by Celebyte, as set out in the Agreement. The user shall not attempt to gain any unauthorized access to the service or the data contained on the Website/App. The acceptable use of the products and/or Celebyte content and/or service information made available on Celebyte Website/App shall be limited to the user’s personal purpose. The user is granted a limited, non-exclusive, nontransferable right to use Celebyte content and materials on the Website/App in connection with the user's normal, non-commercial use of the Website/App. User shall not copy, reproduce, transmit, distribute or create derivative works of Celebyte content, or information or intellectual property without express written authorization from Celebyte or the applicable third party (if third party content is at issue).
1.3. User posts. By posting, storing, or transmitting any content on the Website/App, the user hereby grants Celebyte a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in perpetuity and throughout the world. Celebyte does not have the ability to control the nature of the user-generated content offered through the Website/App. The user shall be solely responsible for his/her/its interactions with other users of the Website/App and any content such user posts. Celebyte shall not be liable for any damage or harm resulting from any posts by or interactions between users. Celebyte reserves the right, but has no obligation, to monitor interactions between and among users of the Website/App and to remove any content Celebyte deems objectionable.
1.4. User acknowledgement and covenant, regarding, use of Website/App/Celebyte Content.
The user acknowledges that;
The user covenants that the user;
The Website/App offers range of products such as personalized Video Messages (shout outs for occasions), Audio Messages, Chats, Personalised Selfie, One-on-One Live Interaction, Live Broadcast, Direct Line together with Merchandise and Gifting Items (“Celebyte Products”). By placing an order for Celebyte Products through the Website/App, the user and/or Celebrity User agrees to the terms set forth in the Agreement.
2.2. Tax. The user shall be responsible for paying taxes applicable upon purchase of Celebyte Products.
The user will indemnify, defend and hold harmless Celebyte and its affiliates, directors, officers, members, managers, shareholders, contractors and employees (collectively “Celebyte parties”) from and against all claims (including third party claims), actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees), that may at any time be incurred by reason of claim from any third party arising out of or relating to a breach of this agreement and/or breach of the representations and/or warranties and/or covenants set forth in the Agreement by the user and/or Celebrity User; any claim from a user arising out of the Celebrity User’s response to a user’s request or any claim arising from misuse of the Website/App/Celebyte Content/Celebyte Products by a user and/or Celebrity User; or any claim that is inconsistent with either user or Celebrity User’s representations or warranties; or any claim arising out of infringement and/or passing off any intellectual property or other proprietary right of any person or entity; or dispute arising out any violation of any provision of this Agreement by the user and/or Celebrity User; or dispute arising out of any information or data supplied by the user and/or Celebrity User (collectively, ‘the Claims’) to Celebyte contained under this Agreement. The user and/or Celebrity User (indemnifying party) will be responsible for defending the claim with legal counsel of Celebyte (indemnified party)’s choice and Celebyte (indemnified party) agrees to cooperate with reasonable requests of the user and/or Celebrity User (indemnifying party) in connection with the defence at the cost of the user and/or Celebrity User (indemnifying party). Celebyte (indemnified party) will have the sole right to approve or reject any compromise, or settlement in resolution of a claim that admits liability or imposes obligations on Celebyte (indemnified party). The terms of this Clause will survive any termination or cancellation of the Agreement or the user and/or Celebrity User’s use of the Website/App or Celebyte Content or Celebyte Products.
Celebyte’s aggregate liability in tort and contract, arising in connection with the Agreement, will not, in any event, exceed the amount paid by the user for the products purchased on the Website/App during period one (1) month prior to the occurrence of the incident asserted. Celebyte shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits alleged by the user and/or Celebrity User.
5.2. Celebyte reserves the right to terminate any user’s access to the Website/App if it reasonably believes, in its sole discretion, that the user has breached any of the terms and conditions of this Agreement. Following termination, such user will not be permitted to use the Website and Celebyte may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If such user’s access to the Website/App is terminated, Celebyte reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website/App. This Agreement will survive indefinitely unless and until Celebyte chooses, in its sole discretion and without advance to the user, to terminate it.
Celebyte expressly disclaims that any condition, representation or warranty that access and/or use of the service offered by Celebyte shall be error-free, secure and uninterrupted.
The user shall not assign his/her/its rights and obligations under this Agreement to anyone. Celebyte may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to the user.
BY USING THE CELEBYTE WEBSITE AND/OR APP AND/OR ORDERING PRODUCTS FROM THIS WEBSITE/APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.