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 is above the age of 18 years.
The user is legally authorized to enter into this agreement with Celebyte.
The user covenants that:
The user is aware and acknowledges that the Agreement governs his/her/its use of the Website/App together with his/her/its use and/or purchase of Celebyte content.
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.
WEBSITE/APP/CELEBYTE CONTENT USAGE TERMS:
Intellectual Property. Copyright, trade marks, trade names, trade dress, layout of Website/App and brand elements, in all content that is made available on and/or associated with the Website/App, is owned by Celebyte (with an exception of content created by Celebrity User (“Celeb Content”) based on paid request of a user of the Website/App and/or any third party information/website links made available on the Website/App). All intellectual property (other than Celeb Content and third party information/website links) including but not limited to software, ideas, processes, data, text, media, information, marketing materials and other content available on CELEBYTE’s Website/App (individually, and collectively, “Celebyte Content”) are owned by Celebyte and/or its subsidiaries, affiliated companies and/or its third party licensors. Any links provided to third party information/website are provided solely as a convenience to the user. Celebyte does not endorse the information/contents regarding/on any such third party websites. Celebyte is not responsible for such third party content or any damage that may result to the user from the user’s access to or reliance on such third party content/information/website. All access to links to third party content/information/website shall be at the sole risk of the user. Unless otherwise specified, the Celebyte Content, products and services made available on the Website/App are for the personal use of the user and are for non-commercial use. The user shall not modify, make copies, distribute, sell, rent, assign, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer; create internet “links” to or from the service and/or products and/or Celebyte Content; send spam, infringing, unlawful or tortious material, viruses, harmful computer codes/files/programs; transfer or sell any or any part of information, software, services or products or Celebyte Content obtained from the Website/App without the written permission from Celebyte. Celebyte shall have an irrevocable, perpetual and world-wide license to use feedback, recommendations, testimonials, suggestions or such other related information provided by its user and/or network of professionals to enhance its goodwill and/or present its service.
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;
Celebyte is not responsible for any damages resulting from use of the Website/App/Celebyte Content by anyone.
The Website/App/Celebyte Content provided by Celebyte is intended to merely facilitate interactions between users interse and/or with Celebrity Users. Each message created by the user is a submission under the Agreement.
Each message from a Celebrity User is owned by the Celebrity User who created it, and subject to full payment by the user, the user shall have the right to use such message for his/her/its personal, non-commercial and non-promotional use under the Agreement.
Celebyte does not represent or act on behalf of any Celebrity User and/or user. Each user acts as a principal. Celebyte has a limited role of neutrally facilitating interactions between users interse and/or with Celebrity Users.
Celebyte is not a guarantor of performance of a user’s product request by a Celebrity User. Celebyte assumes no responsibility over the safety and/or availability and/or quality and/or legality of the Celeb Content and/or user requests communicated to Celebrity Users received and/or communicated through the Website/App.
The user and/or the Celebrity User shall not under any circumstances hold Celebyte responsible or liable for action and/or omission of either any Celebrity User and/or any user.
The user covenants that the user;
shall not use the Website/App/Celebyte Content for illegal purposes.
abide by all applicable local, state, national, and international laws and regulations in his/her/its use of the Website/App/Celebyte Content (including laws regarding intellectual property).
not interfere with or disrupt the use and enjoyment of the Website/App/Celebyte Content by other users.
not resell material on the Website/App.
not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.
not defame, harass, abuse, or disrupt use/access of other users including Celebrity Users of the Website/App/Celebyte Content.
shall not initiate legal action against Celebyte and/or any Celebrity User in the event of non-acceptance of user request or non-completion of user request, for any Celebyte Product, by the Celebrity 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.
ASSIGNMENT AND SUBCONTRACTING:
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.
Unless otherwise specified, any notice or other communication given to Celebyte under the Agreement will be in writing and be delivered by hand or by pre-paid first-class post/courier or be sent by email: to the notice address i.e., Attention: Armsprime Media Pvt Ltd, 91 Spring Board, 74 Technopark, “C” Cross Road, Opp Seepz Gate No 2, MIDC, Andheri East, Mumbai-400093, Maharashtra, India or email at email@example.com.
A person who is not a party to the Agreement has no right under Indian Contract Act, 1872 or under common law to rely upon or enforce any term of this agreement. The agreement and any non-contractual obligations arising therefrom, will be governed by the laws of India, notwithstanding, the conflict of laws principle. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitral tribunal shall consist of a sole arbitrator appointed by Celebyte or in case of disagreement between the parties regarding the choice of such sole arbitrator; the sole-arbitrator shall be appointed by the High Court of Mumbai. The language of arbitration shall be English. The parties agree that the arbitral award may be enforced against the parties to the arbitration proceeding or their assets wherever they may be found, and that a court ruling upon enforcement of the arbitral award may be entered in any court having jurisdiction. The foregoing will be without prejudice to Celebyte’s exclusive right to refer any dispute to the courts for resolution where necessary to preserve the subject matter of the action by way of injunctive or declaratory proceeding.
Force Majeure. Under no circumstances will Celebyte be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, state emergencies, state announced public health lock down or any other event or cause beyond the reasonable control of Celebyte.
Governing Law & Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of India. Subject to Clause 8.2, the courts at Mumbai, India shall have the jurisdiction over disputes arising out of the Agreement.
If any provision of these Terms is unlawful or unenforceable under any present or future applicable law, it will, to the extent permitted by such law, be severed without affecting the validity of the other provisions. Without prejudice to the foregoing, user and Celebyte hereto shall mutually agree to provide a legal, valid and enforceable provision as similar in terms and effect to such illegal, invalid or unenforceable provision as may be possible.
No Waiver. Celebyte’s failure to enforce any right or provision of these Terms will not prevent Celebyte from enforcing such right or provision in the future and will not be deemed to modify these Terms.
Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.
The governing language of this agreement shall be English. Translations of this agreement shall be non-binding. All communications with respect to this Agreement shall be in the English language. The English language version of this document is available here: celebyte.com/terms-of-use
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.