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Terms of Service

Last updated on April 17, 2022

Please read these Terms carefully. By accessing or using the SocialCelebrity Platform, you are agreeing to these Terms and concluding a legally binding contract with SocialCelebrity.

I

Acceptance of Terms

These Terms of Service ("Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the SocialCelebrity website at www.SocialCelebrity.app (the "Site") and any related mobile or software applications ("SocialCelebrity Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

These Terms are effective for all existing and future SocialCelebrity customers, including brands and Influencers.

By accessing or using the SocialCelebrity Platform, you are agreeing to these Terms and concluding a legally binding contract with SocialCelebrity. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms.

You can accept the Terms by:

  • Clicking to accept or agree to the Terms, where it is made available to you by SocialCelebrity in the user interface for any particular Service; or
  • Actually using the Services. In this case, you understand and agree that SocialCelebrity will treat your use of the Services as acceptance of the Terms from that point onwards.
  • II

    Definitions

    Influencers — "Influencer" refers to someone who joins us as an Influencer on our platform, uploads information and pictures, selects preferences, and has access to brand business pages for the purpose of sharing and viewing content.

    Brands — "Brand" refers to a company, person, or group who joins as a Brand on our platform, uploads information and pictures, searches for influencers, selects preferences, and has access to Influencer profile pages. Brands send tasks and pay Influencers on the Platform.

    User — "User" or "You" or "Your" refers to either a Brand or Influencer who joins the SocialCelebrity platform.

    Content — "Content" includes (but is not limited to) reviews, images, photos, audio, video, location data, and all other forms of information or data. "Your content" means content that you upload, share, or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, and profile information.

    III

    Eligibility to Use the Services

    1. You hereby represent and warrant that you are at least twelve (12) years of age or above as an influencer and 18 years above as a Brand, and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

    2. **Compliance with Laws** — You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.

    IV

    Changes to the Terms

    SocialCelebrity may vary or amend or change or update these Terms from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensuring continued compliance.

    Your use of SocialCelebrity Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended or changed terms, and you also agree to be bound by such changed or amended Terms.

    VI

    Provision of Services

    1. SocialCelebrity is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that SocialCelebrity reserves the right to suspend, cancel, or discontinue any or all products or services at any time without notice, and to make modifications and alterations in any or all of its contents, products, and services without any prior notice.

    2. We, the software, or the software application store may include functionality to automatically check for updates or upgrades. You agree that we may provide notice to you of the availability of such upgrades and automatically push such updates to your device from time to time.

    3. You acknowledge and agree that if SocialCelebrity disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content contained in your account.

    4. SocialCelebrity reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, in respect of any product, service, or any other aspect of the SocialCelebrity Platform anytime in future.

    5. SocialCelebrity may from time to time introduce referral and/or incentive-based programs for its users. SocialCelebrity reserves the right to terminate or suspend the user's account and/or credits if it determines that the user has violated the rules of the Program or engaged in fraudulent or unlawful activities.

    VII

    Use of Services

    SocialCelebrity User Account

    (a) Users must create an account in order to use some of the features offered by the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account.

    (b) Users may also register by logging into their account with credentials from supported platforms. When connecting your social account, you confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us.

    (c) In creating an account, you represent to us that all information provided is true, accurate, and correct, and that you will update your information as necessary to keep it accurate.

    (d) You are responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account.

    (e) You agree that you will not allow any third party to use your SocialCelebrity account for any purpose.

    Other Terms
  • You agree to use the Services only for purposes permitted by the Terms and any applicable law or regulation.
  • You agree not to access any of the Services by any means other than the interface provided by SocialCelebrity, unless specifically allowed to do so by way of a separate agreement.
  • You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
  • VIII

    Content

    Ownership of SocialCelebrity Content

    We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights throughout the world associated with the Services and SocialCelebrity Content.

    You acknowledge that the Services contain original works developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed through the expenditure of substantial time, effort, and money.

    Your License to SocialCelebrity Content

    We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms.

    SocialCelebrity License to Your Content

    By submitting Your Content, you hereby irrevocably grant SocialCelebrity a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable, and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future.

    Content Removal

    We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we consider to be objectionable, in violation of the Terms, or otherwise harmful to the Services or our Customers in our sole discretion.

    IX

    Restrictions on Use

    In using the Services, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion:

  • Violates our Guidelines and Policies
  • Is harmful, threatening, abusive, harassing, defamatory, discriminatory, vulgar, profane, obscene, or otherwise objectionable
  • Constitutes an inauthentic or knowingly erroneous review
  • Violates any third-party right, including rights of privacy, publicity, copyright, trademark, patent, or trade secret
  • Is illegal, or violates any federal, state, or local law or regulation
  • Attempts to impersonate another person or entity
  • Is commercial in nature, including spam, surveys, contests, pyramid schemes, or reviews submitted in exchange for payment
  • Distributes computer viruses or other code that interrupts or destroys the functionality of any computer software or hardware
  • "Hacks" or accesses without permission our proprietary or confidential records
  • Decompiles, reverse engineers, or otherwise attempts to derive source code from the Services
  • Collects, accesses, or stores personal information about other Customers
  • Harms minors in any way
  • Threatens the unity, integrity, defense, security, or sovereignty of India or the country of use
  • XI

    Customer Feedback

    If you share or send any ideas, suggestions, changes, or documents regarding SocialCelebrity's existing business ("Feedback"), you agree that:

    (i) Your Feedback does not contain confidential, secretive, or proprietary information of third parties;

    (ii) SocialCelebrity is under no obligation of confidentiality with respect to such Feedback and shall be free to use it on an unrestricted basis;

    (iii) SocialCelebrity may have already received similar Feedback from another Customer or may have it under consideration; and

    (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute, and sublicense the Feedback.

    Influence Work Proposal

    SocialCelebrity provides platform services by entering into contractual arrangements with Brands to send Influence Work Proposals to Influencers. An influencer can Accept or Reject an Influence Work Proposal solely based on their interest. Once accepted, the influencer will be linked with the brand for future work.

    Amount agreed upon in each Influencer work will be paid by Brands before or after completion of each Influencer work proposal depending on the brand. SocialCelebrity is not liable for any delay in payment by brands.

    XII

    Cancellation & Refund Policy

    Cancellation of Proposal Policy

    You acknowledge that your cancellation or attempted cancellation of a Task before completion, or cancellation due to reasons not attributable to SocialCelebrity, may result in liability to pay liquidated damages of an amount equivalent to the Influence Work value.

    There may be cases where SocialCelebrity is either unable to accept your Proposal Work or cancels it due to reasons including technical errors, unavailability of influencers, or any other reason attributable to SocialCelebrity. In such cases, SocialCelebrity shall not charge a cancellation fee from you.

    No replacement, refund, or any other resolution will be provided without Brand's permission. Any complaint with respect to the Influencer Work will require proof before any resolution can be provided.

    No Cancellations & Refunds

    Once a payment is made from a brand to an influencer for Influence Work, it cannot be refunded.

    All refunds shall be processed in the same manner as they are received, unless provided in the form of credits. Refund amounts will reflect in your account based on the respective bank's policies.

    XIV

    Disclaimer of Warranties & Limitation of Liability

    Disclaimer of Warranties

    YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOCIALCELEBRITY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM.

    Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SOCIALCELEBRITY PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OUR SERVERS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION, BUGS OR VIRUSES, LOSS OF YOUR DATA OR CONTENT, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT.

    Indemnification

    You agree to indemnify, defend, and hold harmless SocialCelebrity from and against any third-party claims, damages, actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, (iii) your access to and use of the Services, (iv) your violation of any rights of another party, or (v) your breach of these Terms.

    XV

    Termination

    1. You can delete your account at any time by contacting us via the "Contact Us" link in Settings or by emailing help@socialcelebrity.app.

    2. We may terminate your use of the Services and deny you access in our sole discretion for any reason, including your violation of these Terms or lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice.

    3. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services.

    4. We shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

    XVI

    General Terms

    Entire Agreement — The Terms, together with the Privacy Policy, shall constitute the entire agreement between you and us concerning the Services.

    Severability — If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

    Governing Law — For Users residing in India: These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these terms.

    Linking and Framing — You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.

    XIV

    Contact Us

    Legal Entity Name: SocialCelebrity

    Registered Address: 262, 3rd Floor, Triveni Main Road, Mathikere, Bangalore 560054

    Website: www.socialcelebrity.app

    Contact: help@socialcelebrity.app

    Grievance Redressal Mechanism

    For any Influence Work related issue, you may first reach out to us via chat support on the SocialCelebrity app for real-time resolution.

    You may also write to us at help@SocialCelebrity.app and we will strive to resolve your grievance within the timelines prescribed under applicable laws.

    In compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019 and the rules made thereunder, the grievance redressal mechanism including the contact details of the Grievance Officer and Nodal Officer are given herein above.

    Have questions about these Terms?

    Reach out and our team will get back to you.

    Contact Us