TERMS OF USE FOR CREATORTAG
This is the official application and platform (“App”) of CreatorTag (“Company”, “We”, “Our”), a company duly incorporated under the laws of India. In order to use this App, you must agree to these terms and conditions (“Terms”), which create a binding legal agreement between you (a “you” “your”) and the Company. Please read these Terms carefully as they affect your legal rights and obligations. These Terms govern your use of the services and App (together, the “Services”) provided by the Company. By accessing or using the Services, you expressly acknowledge and agree that you have read, understood, and agree to follow these Terms and all applicable laws and regulations governing use of theApp/Servicesand our Privacy Policy
If you do not agree to these Terms, please do not access or use the Services. If you visit the App or use the Services in any manner whatsoever, then you would necessarily be agreeing to the TOU by default.
INTRODUCTION
This App is an online portal that allows organized interaction with social media Users. This App brings together companies/ individuals who are seeking valuable inputs on specific brands/topics and bloggers/individuals/social media Users who are willing to provide such inputs.
We only make available the Content (as defined hereinafter) on various brands/topics on an ‘as is’ basis, as provided by bloggers/individuals/social media Users. Nothing contained herein shall be deemed to construe as the advice, views, opinions, reviews or beliefs of the Company or endorsement of any brand/topic by the Company, and the Company makes no claim of accuracy of any user posted material/content in any manner whatsoever. The bloggers/individuals/social media Users shall be solely responsible for any Content that is provided by him/her and any liability arising out of such Content including against the Company and must ensure compliance with all laws or regulations applicable to him/her and the Content. You agree that the Company will not be held responsible, in any manner whatsoever, for any Content or liability arising out of any Content posted/displayed on the App and/or any use /access of the same by any third party and Company is under no obligation to disable or otherwise restrict such use/access.
Further, if you use this App from other locations, you are responsible for ensuring compliance with local laws of that location/territory.
‘Content’ shall mean and include any inputs on specific brands/topics by any user including any blogger/individuals/social media Users which may be in the form of any text, reviews, comments, data, information, images, photographs, music, sound, video or any other material or any reactions thereto.
ACCEPTANCE OF TERMS OF USE
This App is made available to you to access on the condition that you have accepted the Terms contained herein, without modifications and reservations of any of the Terms as contained herein, and by accessing the App, you represent and warrant that you have read and understood, and agree to be bound by, these Terms and the Privacy Policy, which is incorporated herein by reference and made part of these terms, without limitation or qualification. Use or access of any part of the App constitutes unconditional acceptance of these terms.
This App may contain links to other webApps, web pages and services which may have their own terms and conditions of use and you shall be bound by such terms and conditions of use. We are not responsible for the contents of any such external hyperlinks, and references to any external links should not be construed as an endorsement of the links or their content. Use of such hyperlinks and third party content contained therein and other Apps is entirely at your own risk. The Company does not make any representations or warranties about any such Apps you may access through the App. Further, such other Apps are not covered by the Company’s Privacy Policy and the information usage practices may be different from ours. Users should consult the privacy policies of such Apps before submitting any personal information, as we are not responsible for and have no control over the manner in which such Apps collect, use, disclose, or otherwise process your personal information.
You should ensure that prior to any third party accessing the App through your electronic device, you shall cause such person to understand and accept the Terms contained herein. If you do not understand the Terms herein, or do not agree to be bound by these Terms, you may not use or otherwise access this App in any manner.
ELIGIBILITY
By using this App, you represent and warrant that you are at least 18 years old and are otherwise capable of entering into a contract under applicable laws and doing it under the supervision of your parent(s). If you are the parent or guardian of a child under 18 years of age, by registering on the App you provide your consent to your child’s registration, and you agree to be bound by these Terms in respect of their use of our App. We will at all times assume (and by using this App you warrant that) you have the legal capacity to accept and abide by these Terms as set out herein and that they will be legally enforceable against you to the maximum extent permitted under applicable law (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
CHANGES OR MODIFICATIONS TO THE TERMS
We reserve the right, in our sole discretion, without any obligation and/orwithout any notice requirement and for any reason, to change, improve, and/or correct the Terms and to suspend and/or deny access to this App or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections, or otherwise. Changes to the Terms will be effective as of the date they are posted. The Company is not bound to provide you with any updates or notice of such revisions to the Terms and you should visit the Terms regularly to review the applicable Terms. Your continued use/access of the App signifies your acceptance of any revisions and explicit renewal of your consent to such revisions. These Terms control the relationship between the Company and you. They do not create any third-party beneficiary rights.
LICENSE
The Company grants you the non-exclusive, non-transferable, revocable, limited right to use the App for your personal use. Your license to use the App is limited by these Terms. Unless otherwise authorized, you may not use, copy, reproduce, modify, publicly perform, or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the App (including, without limitation, any screenshots, videos, documentation or manuals relating to the App). All other rights are reserved with the Company.
License Restrictions: Unless otherwise authorized by these Terms or the Company in writing, you shall not:
Sublicense to, transfer, network, transmit, distribute, or permit use of the App to, any third party;
Reverse engineer, decompile, or disassemble any aspect of the App;
Transmit or communicate any data or commit any act that is unlawful, harmful, threatening, abusive, harassing, defamatory, demeaning, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
Transmit or post Content in inappropriate categories or areas on the App;
Publish, post or upload any Content with an intent to cause any harm to the reputation of any other person/brand/topics;
Harvest or otherwise collect information about users, including email addresses, without their prior written consent;
Download / distribute any Content posted by another user, that you know or reasonably should know, cannot be legally distributed in such manner;
Delete any author attributions or proprietary designations or labels of origin or source of software or other material contained in a Content that is uploaded on the App;
Transfer your account, username and password to a third party without our prior written consent;
Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback/information or using it for purposes unrelated to the App);
Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
Use the App if you are below 18 years of age. If you are the parent or guardian of a child who is under 18 years of age, by registering on the App you provide your consent to your child’s registration and you agree to be bound by these Terms in respect of their use of our App;
Harm or target minors in any manner whatsoever;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or an entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or is in any manner plagiarized;
Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt the App or any other user’s use of the App;
Include programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software, App or hardware or telecommunications.
Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the App;
Monitor traffic or make search requests in order to accumulate information about individual users;
Modify, delete or damage any information contained on the personal computer of any other user;
Use the App in any way related to any illegal activity and/or downloading data illegally, creating bouncing board, missing the application
Harm the App including using any program or other mechanism to slow or “crash” the network.
Disobey any policy or regulations established from time to time regarding use of this App or any networks connected to this App.
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Allow usage by others in such a way as to violate these Terms.
In case of breach of any of the above obligations, the Company shall be at liberty to suspend the account immediately and may approach appropriate form to claim damages incurred due to the acts done by you.
You shall be solely responsible for your interactions with other users and any other parties with whom you interact through the App, provided however that we reserve the right, but have no obligation, to intercede in any disputes. You agree that the Company will not be held responsible for any liability incurred as a result of such interactions. We make no representations or warranties as to the conduct of any user/blogger/social media User.
You shall strive to make a positive contribution to society and the environment by inter alia maintaining high standards of marketing ethics, respecting human rights, respecting the environment and supporting community and organizations. You shall not create work/post Content which is intended or designed to mislead, including in relation to social, environmental and human rights issues through this App.
We may at any time, without providing you any prior notice, suspend or stop providing access to the App to you if we believe that you do not comply with our Terms or policies or if we are investigating suspected misconduct. Unauthorized use of the App will lead to take action as we believe is necessary in our sole discretion to safe guard the App and the data contained therein.
This license shall automatically terminate if you violate any of the restrictions and upon termination of the license, you must destroy any downloaded materials in your possession in any format whatsoever including in electronic or printed format.
You acknowledge and agree that any breach of the above will constitute a material breach of Terms with us. In such event, Company may, in addition to any and all applicable legal and equitable remedies against you; (i) disable your registered account and your access to the App and the Services; and (ii) recover from you any losses damages, costs or expenses incurred by the Company resulting from or arising out of your non-compliance. You further acknowledge and agree that the Company may co-operate with any governmental authority in connection with any investigation into your use of the App, including use in contravention of applicable laws, and may, in accordance with applicable laws, disclose any Content, the Results and any other information pertaining to you or to your use of the App, to such governmental authority in connection with any such investigation.
ENROLLMENT / REGISTRATION
You can browse the App without providing any personal information. However, to use some of the services being offered by the Company and/or third party providers on the App, you will be required to provide certain personal information like your name, salutation, address, email address, mobile number etc. When you provide the App with any information, the information has to be accurate and complete. The Company shall assume that any information provided by you is accurate. Care must be taken to not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules or if we believe the details are not correct, current, or complete, we have the unconditional right to refuse you access to or use of the App, or any of its resources.
In certain cases, you can avail of the services being provided by the App by providing your name, email address and mobile number (and any other information specified in the relevant form) when prompted by the App. The services are only open to persons who provide a valid mobile number and personal information which is true, correct and accurate. Any enrolment to or use of any service is completely voluntary in nature. Upon such enrollment, your mobile number will serve as a unique identification number for using the services on the App. Accordingly, you agree to (i) provide correct details when prompted on the App and failure to do so may invalidate your request to use such services and (ii) by giving your details you agree to abide by the Terms of Use and applicable Privacy Policy.
Users may have only one active account. Additionally, users are prohibited from selling, trading or otherwise transferring their accounts to another party. If you use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company reserves the right to refuse service, terminate accounts or remove or edit any Content in its sole discretion.
Further, you may request deletion of your account and associated data by contactingsupport@creatortag.com. However, the Company may retain certain information as required by law or for legitimate business purposes.
By providing such personal information, you consent to receive all information relating to the App, the services offered by the App and/or third party providers, all communication and instructions for availing special offers and promotional benefits. You shall solely be responsible for the appropriate use of the same.
You authorize the Company and/or authorized third parties to retain the information shared by you for the purpose of using the App and/or the services and for any marketing campaign of the Company and/or third-party service providers.
By enrolling and using the App, you consent to receive service-related notifications, promotional offers, and product updates via push notifications, email, or SMS. You can manage preferences from your device settings.
Providing the Company and/or third party service providers with any information including personal information through use of the App shall be deemed to be your consent to the Company and/or third party service providers to communicate with you through email, SMS, phone calls, direct mail and other means of communication. Similarly, the Company may provide AI-generated content suggestions. You are solely responsible for reviewing and using such content. The Company is not liable for any harm or claims arising from AI-generated content.
User experience may vary depending on the type of the device and the operating system that you use and the Company accepts no responsibility for any lack of functionality due to your equipment (including your device, internet connection, operating system or settings and software).
You shall be responsible for paying all costs and expenses that you may incur while using the App (including, but not limited to Internet data service access charges). The App shall use cookies to monitor App visitors and traffic and by agreeing to use the App, you agree to the use of cookies. The uptime and downtime of the application shall be defined under SLA which shall form part of the Master Service Agreement. Further, We aim to maintain 99% uptime. In case of outages or service disruptions, users will be notified via in-app alerts or email.
PAID SUBSCRIPTION BASED SERVICES – MONTHLY/YEARLY BASIS
Please read these terms and conditions thoroughly, by accessing or using the services offered through the Company Platform, you agree to comply with the terms outlined here and any additional terms referenced. If you do not agree to all of these terms, please refrain from using the services provided by the Platform. These TOU govern your use of the Company Subscription based paid Services on a monthly or yearly basis, which is created on the Company Platform for the purpose of Swift Reply—Auto Direct Message (DMs) services. The Company subscription based paid Service is the property of CreatorTag and must be surrendered to them upon request. These terms apply to your payment for the subscription to the Company, including but not limited to payments and disputes related to the Services you avail through the Company Platform using a payment method on a monthly and yearly basis. By using the Company’s Swift Reply – Auto DM Service, you agree to the following Terms and Conditions:
– To be eligible for the Company paid Service, you must be capable of entering into a contract, meaning you should have reached the age of majority as per Indian law. The Company paid Service is not intended for use by anyone who has not attained the age of majority. Individuals under the age of 18 may only use the Company paid Service under the supervision of a parent or legal guardian who agrees to be bound by these TOU.
– It allows you to load a specified rupee value onto your profile as a paid subscription for use exclusively on the Company Platform as per your requirement on a monthly and yearly basis and opt for a curated service plan based on the subscription chosen by you. The value associated with the Company is neither insured nor guaranteed by any individual or entity. The rupee value you pay for the subscription is a prepayment solely for Swift Reply—Auto DM Service on the Company Platform in India, unless otherwise specified.
– The paid subscription on the Company Platform can be loaded using a credit card, debit card, UPI, internet banking, or any other RBI-approved e-wallets managed and governed by private or government entities. A subscription cannot be reloaded using other registered or unregistered profiles. It is clarified that the balance from one profile in a single account cannot be transferred to another registered or unregistered profile or account.
– The company reserves the right to refuse acceptance of any paid subscription or limit its use if we reasonably believe that its use is unauthorized, fraudulent, or otherwise unlawful. Additionally, misuse of the Swift Reply – Auto DM Service and/or paid subscription or its benefits in any manner may result in the disablement of the subscription and/or withdrawal of benefits at Company’s sole discretion. Please ensure the safety and security of your subscription and Swift Reply – Auto DM Service. Unless specifically stated otherwise, the Company is not responsible for any abuse of the paid subscription if your wallet balance is accessed by someone else due to mobile theft or any other circumstances.
LOADING VALUE/ OPTING SUBSCRIPTION
The Service of paid Subscription is offered automatically once your profile is created and activated as soon as you register for the Company Platform’s services and accept these Terms and Conditions. The paid subscription for Swift Reply – Auto DM Service is activated by loading funds into it, as outlined above in these Terms and Conditions, by visiting the Company mobile app. The Swift Reply – Auto DM Service can be used after making the payment whenever you purchase such Swift Reply – Auto DM Service through the Company mobile app.
The paid Subscription comes with a recurring plan, wherein subscription can be chosen on monthly or yearly basis. Once the recurring paid Subscription is purchased, the amount shall not be refunded under any circumstances whatsoever once charged each time. However, refunds may be granted in exceptional cases at the sole discretion of the Company, such as double charges, unauthorized transactions, or service failures. The Company reserves the right to change the amounts of recurring subscription at any time by notifying you at the time of renewal or as and when the revision of amount is applicable for availing the Swift Reply – Auto DM Service, and such changes will not be considered an amendment to these Terms and Conditions.
The paid subscription offered by the Company is non-refundable and cannot be exchanged for cash or a credit balance, unless required by law in India, except when your registered account is unable to avail the Swift Reply – Auto DM Service or has been suspended due to the Company. No interest, dividends, or any other earnings will accrue, be paid, or credited to you by the Company on purchasing the paid/recurring subscription.
ELECTRONIC MANDATE (E-MANDATE) FOR RECURRING SUBSCRIPTION
E-mandate is a digital payment solution that enables the automation of recurring payments, such as subscriptions in the present scenario on a scheduled basis without requiring manual intervention. By setting up e-mandate for recurring subscription on monthly or yearly basis, you agree that Company can debit the amount of subscription on a specific date on monthly or yearly basis to avail the paid services.
For setting up an e-mandate for Swift Reply – Auto DM Service on Company’s App, you need to opt for a desired subscription plan i.e. monthly or yearly for recurring payment by filling the required details on the App. You will then have to verify and authenticate the e-mandate, by using one of the options available, such as net banking credentials, credit/debit card or UPI through mobile apps like (Phonepe, BHIM, Google Pay, Paytm and more). This authentication ensures that you are the owner of the bank account and agrees to the terms and conditions of the e-mandate.
As Company is a registered entity with National Payments Corporation of India (NPCI) and acts as an intermediary in the e-Mandate process and validates your details and the Company’s request for processing the payment against the subscription for paid services offered by the Company. Once you set up a recurring payment instruction, it will enable the Company to deduct payments automatically on due dates. You will receive a confirmation message and can view the status of the e-mandate on your bank’s portal or app. During the subscription period you can cancel the e-Mandate anytime by contacting your bank and the Company. However, the utilized subscription period or any amount shall not be refunded to you.
For setting a recurring payment for subscription, you should fulfil following criteria:
The company reserves the right to correct the recurring subscription, if there is reason to believe that a clerical, billing, or accounting error has occurred. If you have any questions regarding your transaction history or any updated data, please email your concerns togrievance@creatortag.com.
By accepting this TOU, you hereby authorize the Company to disclose your information to government authorities, competent authorities, credit bureaus, or other third parties to comply with legal obligations. You also authorize the Company to use your information for e-mandate for recurring payments and offering Swift Reply – Auto DM Service on your behalf, including those from its associates/partners, unless specified otherwise.
ONLINE PRIVACY POLICY
Your privacy is important to us. To better protect your privacy, we provide a Privacy Policy explaining our online information practices and the choices you can make about the way your information is collected, handled, dealt with and used at or in connection with this App. Click here to show and/or print a copy of this Privacy Policy, which forms part of these Terms. By accepting these Terms you shall also be deemed to have accepted the terms of the Privacy Policy.
You acknowledge, consent and agree that the Company may access, preserve and disclose your information and Content if required to do so by law or in a good faith, belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms; (iii) to respond to claims that any Content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of the Company, its users and the public.
INTELLECTUAL PROPERTY RIGHTS
This App and any materials incorporated by the Company on this App including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audiovisual works, designs, logos, software and any other content, (other than the Content)(collectively referred to as “Material”) are protected by copyrights, patents, trade secrets or other proprietary rights owned by or licensed to the Company, authorized third parties and/or its licensors (“Copyrights”). Some of the logos or other images incorporated by the Company on this App are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to the Company or other third parties (“Trademarks”). The Company respects the intellectual property rights of others and asks users of this App to do the same. Using our services does not give you any ownership of any intellectual property rights in our services, the Material, Copyright or Trademarks.
You agree that the Material, services, and any other content provided on the App, either by the Company or through third party providers, may be protected by intellectual property laws or the applicable laws of any other jurisdiction. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the Material, services and any other content provided on the App may subject you to infringement actions either by the Company or third party providers, as the case may be.
The assignment and licensing of intellectual property rights in the Content have been set out below.
USE OF MATERIAL
Your right to make use of this App and any Material and any content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other Content on this App for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks and may be prohibited by law.
Some Material and services being displayed and/or provided on the App are not under the control of the Company. The Company does not take any responsibility for such Material and/or services, which are made available by third party providers or any other entity.
You may access and display the Material for non-commercial and personal use. The Material may not otherwise be copied, reproduced, framed, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by the Company. Using any Material on any other web App or networked computer environment is prohibited unless specifically authorized by the Company. Also, to the extent permitted by applicable law, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this App into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You understand that by using the App, you may be exposed to materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of materials found on the App. You further acknowledge and agree that you will not rely on any content available on or through the App, or use such content as a substitute for professional advice.
USE OF CONTENT
You hereby absolutely and irrevocably assign to the Company all the rights, title and interest, including the intellectual property rights that you may have or may in the future become entitled to, in the Content, in any media, medium, manner, means, technology or delivery system, or combination of them, which currently exists or which is developed in the future (“Medium”).You shall ensure that such rights solely and exclusively belong to the Company and include right to sub-assign and/or sublicense, as if the same was created as a work for hire.
Where the aforesaid assignment of rights is not possible, you hereby grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to use or exercise any and the rights, including all copyright, trademark, publicity rights, database rights and other intellectual property rights that you have or may in the future become entitled to, in the Content, in any Medium. Further the Company shall have the right to use, explore, exploit and utilize the said Content worldwide and in perpetuity without any compensation payable to you with respect to the Content that you submit, post, transmit or otherwise make available on the App.
We may modify or alter or adapt your Content solely to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. Any modification made by us for the purposes as set forth above, does not in any manner make us assume any responsibility or any liability arising from any Content.
You shall do all acts, deeds and things including execution of necessary documents without charge or compensation but at the cost of the Company for fully and effectively vesting the aforesaid rights in the Company.
Notwithstanding anything to the contrary contained herein, it is expressly clarified that you shall solely be responsible for the Content or any liability arising from any Content that you transmit, store or upload on the App or when making use of the App. You are solely responsible for your Content and assume all risks associated with use of your Content, including any reliance on its accuracy, completeness or usefulness by others. We do not make any guarantee regarding the accuracy, currency, suitability or quality of any Content, and we assume no responsibility for any Content.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS APP IS AT YOUR OWN RISK. THE APP AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE APP, THE COMPANY, THE GROUP COMPANIES, ANY SUBSIDIARIES OR AFFILIATES OF THE COMPANY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS APP WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE ON THE APP OR ANY WEB APPS LINKED TO THE WEBAPP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO
WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE APP OR ANY OTHER WEBAPP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE APP OR ANY OTHER WEBAPP. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURED SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE APP, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE APP. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE PLATFORM BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PLATFORM, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF THE COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW. THE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF SERVICE BY THE COMPANY AND SHALL BE APPLICABLE TO YOU IN PERPETUITY.
LOCAL REGULATIONS
The Company makes no representation that the Materials or Content in the App are appropriate or available for use outside India, its territories, possessions and protectorates. If you choose to access the App from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from India or the country you reside in.
INDEMNITY
You hereby indemnify, defend and hold harmless the Company and all persons claiming under the Company (“Indemnified Persons”) from and against any and all losses, claims, demands, liabilities, charges, penalties, fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from your breach of any of the provisions mentioned in these Terms, representations or warranties, and/or infringement by you of Materials, Copyrights and/or Trademarks and Content, including any claims against you alleging misuse or unauthorized usage of the information, data and Content available on and/or from your use of the App itself. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim at all times.
THIRD-PARTY WEBAPPS AND SERVICES
The App may contain features and functionalities that may link you or provide you access to third party content and web domains, which is completely independent of the Company. We have included links to these third party services to provide you with access to information and services that you may find useful or interesting. We have not reviewed, evaluated or approved these webApps or content of these third party providers and do not guarantee the authenticity of the same and/or that they will be continuously available.
The App may allow you to download, install, access or use software, products or services provided by third party providers. These webApps may contain information or material that some people may find inappropriate or offensive. These other webApps are not under the control of the Company, and you acknowledge that (whether or not such Apps are affiliated in any way with the Company) the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third party services. The Company does not guarantee, approve or endorse the information or products available at these webApps, nor does the inclusion of such an advertisement or link imply endorsement of any App by the Company or any association with its operators.
The Company cannot ensure that you will be satisfied with any products or services that you purchase from any third party providers that links to or from the App since certain stalls, channels and online shops are owned and operated by such independent third parties. The Company does not endorse any of the merchandise or content on its App, nor has the Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third party providers. The Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such webApps. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third party providers
You acknowledge and agree that the Company is not responsible for any content, webApps, software, products or services with respect to the third party services and that you acknowledge and agree that your access or use of the third party services may cause information to be shared among your system and such third party service in a manner not governed by these Terms or Privacy Policy, and that your rights with respect to privacy in such circumstances will be governed solely by the terms of use or privacy policies, if any, for such third party service.
In the event you propose to enter into any transaction with third party providers with respect to the services being provided by third party providers, the Company will direct you to such third party provider webApp and/or a third party webApp authorized by third party providers. You are required to adhere to the terms of use, payment terms, privacy policy and any other policy of such third party providers. In the event your activity is interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the webApp to which you are re-directed to enable the payment gateway, the Company is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect amount charged to your account/debited, password invalidated, non-acceptance of payment method, amount charged or debited more than once, etc.
Further, the Company shall not be a party to any dispute which may arise between you and third party providers and/or between any third parties not being the Company. In the event of such a dispute arising, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our services
APP SECURITY
You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) use or transmit through the App any unlawful, libelous, threatening, obscene or otherwise objectionable material of any kind or nature or (g) hyperlinking the App to any other App. Violations of system or network security may result in civil or criminal liability as per applicable law.
The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this App or any activity being conducted on this App. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this App other than the search engine and search agents available from the Company on this App and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
DISPUTE RESOLUTION AND JURISDICTION
These Terms shall be governed by, construed and enforced in accordance with the laws of India. You hereby consent and submit that the Courts of Gurugram, Haryana, India shall have the exclusive jurisdiction for any action arising out of these Terms.
If any provision of these Terms are held to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This would still be considered as a complete agreement between the parties relating to the matters contained herein.
In case of dispute between you and the brand, you undertake not to involve the Company and you agree to resolve the dispute amongst yourself and the brand. Neither the Company nor its representative shall act as a mediator for any dispute between you and the brand.
OBLIGATIONS, UNDERTAKINGS AND COVENANTS BY USER
The User must be minimum of 18 years of age on the date of his engagement with the Company.
The User shall not be (i) incapable/prohibited from entering into legally binding contracts or (ii) barred from receiving and rendering any services under the laws of the user country or in any other applicable jurisdiction or (iii) suspended from providing the services.
The following categories of persons shall not be eligible to provide Content: –
employees (including the immediate family members) of the Advertiser, its respective divisions, affiliates, authorized dealers/distributors, agents, which has posted the request for content for its Brands/Topics;
Any individual / company professionally connected with the Advertiser, which has posted the request for content for its Brands/Topics.
The User shall only post and upload the required Content that are proper and do not fall under any of the categories mentioned below, apart from such other restrictions imposed by applicable laws:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any Person, including but not limited to the Brands/Topics,
Campaign(s), Company, Advertiser(s), employees, directors or representatives of the Company and/or Advertiser(s);
publish, post, upload, distribute or disseminate any inappropriate, profane, offensive (including personal comment), defamatory, derogatory, negative, abusive, infringing, obscene, indecent or unlawful topic, name, material or information through any blog, tag or keyword; post Content or items in inappropriate categories;
publish, post or upload any Content with an intent to cause any harm to the reputation of any other brand/topics;
upload Content that shall infringe upon or misappropriate any Intellectual Property Rights or proprietary rights or rights of publicity or privacy of any Person or contain software or other material protected by Intellectual Property Rights of any third party, unless the User owns or controls the said rights or has received all necessary consents thereto;
transmit, access or communicate any data that he/she does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; take any action
that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information);
transfer his/her account, username and password to a third party;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; upload or distribute Content that contain viruses, corrupted files, ‘Trojan horses’ or any other similar software or programs that may interrupt, harm, overload, collapse, destroy, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, limit the functionality or damage the operation of the webApp or any third party’s computer;
conduct or forward surveys, contests, pyramid schemes or chain letters;
harvest or otherwise collect information about users, including email addresses, without their prior written consent;
download / distribute any content posted by another user of a similar service that the User knows, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of origin or source of software or other material contained in a Content;
impersonate any person or entity or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
engage any illegal activity; shall not contain material linked to terrorist activities;
shall not contain information on development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons;
violate any applicable laws or regulations for the time being in force in or outside India; by act, word, deed or otherwise make any statement to the effect that the User is associated with the Company in any manner
threaten the unity, integrity, defence, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
violate the terms of his engagement, terms of use, privacy policy or any other terms and conditions as may be applicable to him/her.
The User shall be responsible for maintaining the confidentiality of his/her account and shall be fully responsible and liable for all activities that occur under his/her account. The User shall (a) immediately notify the Service Provider of any unauthorized use of the User’s password and/or account or any other related breach of security, and (b) ensure that User exits from his/her account at the end of each session.
The User shall not engage any actions/activities such as reverse engineering, modification, copy, distribution, transmission, display, reproduction, publishing, licensing, creating derivative works of, transferring, or selling any information, software and/or any third Party’s intellectual property, without being authorised to do so.
The User shall be solely responsible for the Content being provided by him/her and any liability arising in respect thereof including against the Company, and must ensure compliance with all laws or regulations applicable to him/her and the Content. The User shall assume all risks associated with use of such Content, including any reliance on its accuracy, completeness or usefulness by others.
The User must submit the Content within the date specified by the concerned Advertiser(s). Any Content submitted after the due date may be rejected.
The User must submit the Content individually. Any content that Advertiser(s) or Company believe, in their sole discretion, to have been made (a) via participation in a syndicate or (b) via any form of machine-assisted intervention enabling computer generated multiple entries, shall be disqualified. The Company and concerned Advertiser’s decision to consider the Content is final and no correspondence from the User shall be entertained on the issue.
The User shall warrant and certify that he/she has the authority and is legally entitled to upload and post Content, and that the same does not and will not infringe any Intellectual Property Rights, personal or privacy rights or other rights of any third party/ Person(s) and has not been in any manner plagiarised. The User shall further be required to warrant that no action, suit, proceeding, or investigation has been instituted or threatened relating to any Content, including but not limited to infringement of Intellectual Property Rights in the Content, formerly or currently used by the User in connection with his engagement by the Service Provider pursuant to this Agreement.
The User shall execute User Empanelment Documents and shall consent and agree to have read, accepted and fully understood the terms set out therein.
The User shall absolutely and irrevocably assign to the Company and the respective Advertiser(s), to the exclusion of other Persons, all the rights, title and interest, including the Intellectual Property Rights that the User has or may in the future become entitled to, in the Content, in any media, medium, manner, means, technology or delivery system, or combination of them, which currently exists or which is developed in the future. The User shall ensure that such rights solely and exclusively belong to the Company and the respective Advertiser(s) and include the right to sub-assign, as if the same was created as a work for hire.
Where the aforesaid assignment of rights is not possible, the User shall grant the Company and the respective Advertiser(s), an exclusive, worldwide, perpetual, irrevocable, licensable (through multiple tiers) right to use or exercise any and all the aforesaid rights. Wherever possible, irrevocably and unconditionally waive any and all moral rights or any rights of similar nature under any law in any jurisdiction in and to any intellectual property created pursuant to his empanelment by the Service Provider as required under this Agreement. The Company and the Advertiser(s) have the right to use, explore, exploit and utilize the said Content worldwide and in perpetuity without any further payment, cost or reference to the User. ensure that the aforesaid right includes the right to modify or alter or adapt the Content. Do all acts, deeds and things including execution of necessary documents without charge or compensation but at the cost of the Company and the respective Advertiser(s), for fully and effectively vesting the aforesaid rights in the Company and the respective Advertiser(s).
The User shall never post and/or say any kind of negative communication including but not limited to the defamatory, derogatory, abusive, false or incorrect comments, bad words, misrepresentations, complaints, grievances etc. in any media including but not limited to TV, print, radio, social media including tweets, Facebook posts, digital platforms, blogs etc. or in person before any third party or any individuals; pertaining to or in relation to the Company, Advertiser(s), its employees, representatives, group companies, clients or affiliates, the Campaign, Brands/Topics, Consideration, remuneration, payments process etc. The scope mentioned herewith shall be applicable for the period of 5 years from the date of last Association.
The User is not permitted to copy, post, or store any brand correspondence sent by the brand, the platform’s administrator, or any company employee via email, tool message, text, or Whatsapp, or to publish it on the web, blogs, or any social media platform, overrule of which may put Monitory burden or Judicial proceeding in accordance with the Brands.
If the User / talent uses its very prerogative, wrong mouth against the business and or the brand on social media, so under this service arrangement it will be considered as an infringement of work and CreatorTag shall have the right to take legal action and compensate for the appropriate damages.
The User shall verify the accuracy of all information on his/her own before undertaking any reliance on any information provided through any third party content or webApp which may be contained on the Service Provider’s webApp/app (“Linked Apps”). In the event that by accessing any such Linked Apps, the User is exposed to content that he/she considers offensive or inappropriate, the User shall not hold the Service Provider/Company responsible or liable for the same.
The User shall be solely responsible for his/her interactions with other users and any other parties with whom he/she interacts while his engagement with the Service Provider, provided however that the Service Provider reserves the right, but has no obligation, to intercede in any disputes. The User hereby agrees that the Service Provider/Company will not be held responsible for any liability incurred as a result of such interactions.
The User shall strive to make a positive contribution to society and the environment by inter alia maintaining high standards of marketing ethics, respecting human rights, respecting the environment and supporting community organizations. The User shall not create work/post Content which is intended or designed to mislead, including in relation to social, environmental and human rights issues.
If your account is suspended, you may appeal by contactingsupport@creatortag.comwithin 7 days. The Company reserves final discretion on account reinstatement.
HOW TO CONTACT US
This App is published, controlled, owned and operated by the Company. Please forward any comments or complaints about the App tosupport@creatortag.com. Please forward any questions regarding privacy tosupport@creatortag.com.