Terms and Conditions

By installing and using the mobile application, website or and any of the services, features, content or applications of Celewish Media Private Limited ("company" or "we"), offered through its application (collectively referred to as "services) you as a user, including users who are contributors of content, agree to these terms of use read together with various policies including but not limited to the cancellation & refund policy and privacy policy as available on the website.

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Purpose

By accessing the application/website, you give an implied consent and agree to the terms of this policy and that information furnished by you is lawful, true and correct and does not violate or infringe any laws. In case of any violations, infringement, furnishing of wrongful or unauthorized information, company shall not be liable for the same.

Through the Website and Services, you can purchase "Personalized Video Messages" from celebrities and influencers. A " Personalized Video Messages " includes the text, video, software, scripts, graphics, graphics interchange formats, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.

Eligibility

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 or the relevant laws in your jurisdiction including minors, un-discharged insolvents etc. shall not be eligible to use the Website. Any minor desirous to use or contribute on the App, is required to conduct such transaction through their legal guardian or parents. You may only access the site and use the content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services.

Contents Posted on the Website

Through the Website and Services you may submit a request which may or may not be accepted. The maximum time within which a request will be completed or rejected will be shared on the Website and refunds will be initiated as per our cancellation and refund Policy for cancelled and rejected requests.

Company does not review or modify any content uploaded by a user. Company does not endorse any content submitted to it by any user, or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with the content. Notwithstanding the above, Company reserves the right to, but does not have any obligation to, reject a request, remove, or block the Services in its sole discretion, at any time, without notice to you and for any reason, or for no reason at all.

Your interactions with third parties, including users and celebrities and influencers, found on or through the Website solely between you and such third party; however, Company may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with the Company if it does so. You should make whatever investigation you feel necessary or appropriate before proceeding with the interaction.

You agree not to contact or interact with any user including a celebrity or influencer except as expressly permitted through our App.

You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction.

You hereby release the Company from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our App.

Ownership

We own or license all right, title, and interest in and to (a) the Website and Services, including all software, text, media, look and feel of the Website and Services and (b) our trademarks, logos, and brand elements.

Rights and Responsibilities

Upon your continued compliance with these Terms of Use, you have a non-exclusive, worldwide license to use a video message purchased on the Website, for your own personal, non-commercial, and non-promotional purposes. A video message is licensed and not sold to you. You may not modify or edit a video message or re-sell your rights in anyway.

You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any video messages or the Services.

By use of the platform for delivering the video message uploaded by you, you hereby grant Company a worldwide, non-exclusive, royalty-free, and transferable right to use, modify or edit to fit the format of delivery, reproduce, distribute, display, publish, adapt, make available online or electronically transmit, and perform the video message in connection with the Services and Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website and/or the Services in any media formats and through any media channels.

You provide Company the undisputed and irrevocable right to apply its watermark, brand, logo including that of its partners and affiliates on the video message uploaded.

General Prohibitions

In addition to the prohibitions imposed on you under applicable law, you agree not to do any of the following :

• Post, request for, upload, publish, submit or transmit any content that.

• Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

• Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.

• Is fraudulent, false, misleading, or deceptive.

• Is defamatory, obscene, or pornographic.

• Promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.

• Is violent or threatening or promotes violence or actions that are threatening to any person or entity.

• Promotes illegal or harmful activities or substances.

• Contains personal or contact information about any other person without their prior authorization; or

• Violates any content policies the Company has posted for the Services.

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation

• You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App, Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App, Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App.

• You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.

• Encourage or enable any other individual to do any of the foregoing.

Website/Website Update

We enhance and update the Website and Services often. We may change or discontinue the Terms of use, the Website or Services at any time, with or without notice to you. You can determine the applicable terms by referring to the "LAST UPDATED" legend above. It shall be your responsibility to check terms periodically for changes. Company may require you to provide your consent to the updated terms in a specified manner before any further use of the Services is permitted. If no such separate consent is sought, your continued use of the Website and Services, following changes to these terms, will constitute your acceptance of those changes.

Breach of Terms and Conditions

Notwithstanding anything contained herein, if you breach the Terms of Use or Privacy Policy or other rules and policies, Company reserves the right to take any legal or other action including but not limited to denying or revoking access, referral to the appropriate authorities.

Updates

We hold the rights to render changes in UI/UX or to add more functions to existing web application without informing its viewers, subscribers and Celebrities. It shall be the viewers'/celebs'/subscribers' responsibility to check terms periodically for changes.

Links

The Website and Services may contain links to other websites and online resources, including to payment gateways. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

Promotion and Marketing Offer

We may offer promotional offers from time to time which may include discount codes or account credits, may be subject to expiration dates and may only be applicable to selected users of a Service. We reserve the right to withhold or remove credit from a user account or end a promotion without notice if at our sole discretion we believe a user is not acting in good faith in relation to the terms of the promotion.

Privacy

We are committed to respecting your privacy and the privacy of all individuals using the Services. More information regarding how we may use your personal data can be found in our Privacy Policy. By using any of the services, you agree to the terms laid out in our Privacy Policy which is incorporated into these terms by reference.

Indemnity

You shall indemnify and hold Company (including its affiliates, subsidiaries, group companies), its directors, advisors, employees, agents, partners, suppliers or content providers, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of any of these Terms of Use, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Force Majeure

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the App, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. If Force Majeure event takes place that affects the performance of our obligations under these terms of use our obligations under these terms shall be suspended for the duration of Force Majeure event.

Dispute Resolution and Governing Law

• Any dispute arising in connection with this policy shall be referred to arbitration of a sole arbitrator to be appointed by the Parties. The place of arbitration shall be Mumbai. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and shall be in the English language. The arbitrator/arbitral panel shall also decide on the costs of the arbitration proceedings.

• This policy shall be governed in accordance with the laws of India and shall be subject to the jurisdiction of the courts at Mumbai, India.

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