Your use/access/browsing of the Application or Website or the Services (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms and your agreement to be legally bound by the same. The following Terms and Conditions, and any guideline, policy or content displayed on the Website/ Application, are a legally binding contractual agreement between you ("User", “Client”, "you," "your") and Kalz Studios Pvt Ltd ("Application/ Website/ Site/ Platform", “FameLinks” "we", "us"). If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
We reserve the right to revise these Terms and all linked information, including the Privacy Policy from time to time at our sole discretion by updating this Agreement or any linked information. We may use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
YOU UNDERSTAND THAT BY USING THE APPLICATION/ WEBSITE, YOU AGREE TO BE BOUND BY THE PREVALENT TERMS. PEOPLE UNDER THE AGE OF 18 YEARS, OR SUCH OTHER AGE AS MAY BE PRESCRIBED BY LAW FOR MINORS, SHALL USE THE APPLICATION/ WEBSITE UNDER THE GUIDANCE OF THEIR PARENTS OR LEGAL GUARDIANS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE APPLICATION/ WEBSITE.
The Application/ Website is an online platform/ mobile application wherein users will be allowed to participate in online beauty/ talent contests as well as upload content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, etc. This document contains the various terms and conditions that must be adhered to in order to use and interact with the application/ website.
These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Please read the Terms and Conditions and the Privacy Policy carefully before using the Application, Website, Services and Platform. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or Platform, the provisions of the Terms and Conditions shall prevail.
Below are the rules & regulations that would govern the contests that would be held by FameLinks:
1.The contest are held for the purpose of entertainment for the users in general and also for the promotion of an individual who would be participating in it.
2.There may not be any monitory benefits granted to the participants or the winners. However, FameLinks might choose to grant you or share any benefit with you at its sole discretion. There is no compulsion except the benefit as mentioned in the clause 1.
3.FameLinks has all the rights to exclude any participants from the contest without providing any reason what so ever if they find a participant not eligible for some reason.
4.FameLinks has all the rights to withdraw the contest at any given point of time without prior notice or any justification.
5.FameLinks has all the rights to conduct an online or offline events with the participants selected by the audiences. The participant has all the right to withdraw from the contest by removing their posts from the FameLinks Platform.
6.In case, an offline event is organized, then FameLinks would intimate the selected candidate and the candidates would have the opportunity to accept or reject to participate in that. The expense of the participants shall be born by the participants themselves.
7.FameLinks has all the rights to amend or add new rules to the contests as and when it deems fit. The same shall be updated in the same place it is right now.
8.If a participant is not willing to participate in a contest, they should not post in the FameLinks feed instead choose other channels like FunLinks or FollowLinks.
9.The judges of the digital beauty contests held on FameLinks would be audiences and not the FameLinks itself. What ever rating / voting the audience provides on the participant’s post would be considered and FameLinks would have not control over it.
10.Once a winner is selected by the audience, the winner would feature in the hall of fame page of FameLinks for that given season for that age group for that gender. Until the next season.i. As a user, you may be permitted to upload content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, identifying marks, graphics, and other original works of authorship and/or intellectual property onto the Platform, which content is and shall remain the sole and exclusive property of you or the applicable user, subject to the User Content License granted to Us pursuant to these Terms.
ii. A user may also participate in online beauty/ talent contest on the platform, which contest will be held at district, state, national and international levels, as may be decided by Us. A user may participate in the contest by uploading photos and videos of himself/ herself, which may be publicly viewable by all Users of the Platform for the purposes of rating, posting comments, likes, etc. You acknowledge and agree that there is no prize money or other award for winning a beauty/ talent contest available on the website/ platform/ application and the same, if any made available, is at our sole discretion. The winners however will be included in the hall of fame, year wise. We may also, at our sole discretion, choose to hold any of the beauty/ talent contests at a physical location.
iii. To access or use some of the features of our website/ application/ services, you may be required to create an account with us. When you create this account, you must provide accurate and up-to-date information and shall ensure to maintain and promptly update such information, to keep such information current and complete. We will have the right to use your Registration Data in connection with servicing and operating the Platform and in other manners as set forth in more detail in our Privacy Policy. You agree (i) to restrict access by any other person or entity to your password or other login information, (ii) to not knowingly use the name or email of any other person without authorization, (iii) to not use an email or profile name that is profane, offensive or otherwise inappropriate, (iv) to not allow any third party to use your login information, Registration Data or Account; and (v) to not re-create any new or additional Account in the event your original Account is suspended or terminated in accordance with the terms hereof. You agree that you are solely responsible for the activity that occurs under your account. We shall not be responsible for any loss or damage as a result of someone else using your account.
iv. You acknowledge and agree that certain information that your provide in connection with the registration of your Account and other Account data (such as your profile name and/or picture, certain User Content uploaded by other Users of the Platform that you like/follow, your followers, your likes, etc.) will automatically become publicly viewable by all Users of the Platform. You may however be permitted to elect to make certain User Content that you upload to the Platform publicly viewable by all other Users of the Platform, or by select Users.
v. You hereby represent and warrant to Us that all User Content uploaded by or on your behalf onto the Platform is your original work of authorship for which you are the sole and exclusive owner, or that you have obtained all licenses, consents, releases, and other permissions from the applicable third party owner thereof as may be necessary to grant Us the User Content License in and to such User Content hereunder, and Fame Link’s and/or any other User’s or sublicensee’s use of the User Content as permitted hereunder does not, and will not, violate any applicable laws or the rights of any third party, including, without limitation, any right of privacy, or any proprietary or Intellectual Property rights.
vi. Users may also be allowed to communicate and interact with other Users and publicly available User Content, including, without limitation, by enabling Users to like, view, share, re-post, comment on, and/or create memes and hashtags for, other Users’ Content, User interaction features such as direct messaging between Users, etc. You will be publicly identified by your username or login identifier when communicating and otherwise interacting with other Users/User Content on the Platform. You are solely responsible for all of your interactions with the Platform and other Users/User Content on or through the Platform, and agree to abide by these Terms during such interaction, and hereby disclaim and hold us harmless rom and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User or User Content.
vii. Any content that infringes any copyright, trademark, or other Intellectual Property Rights owned by a third party will be constituted as a violation of these Terms. This however, is subject to exceptions such as the doctrine of fair use and fair dealing, in appropriate jurisdictions. Any violative content, as aforesaid, may be promptly removed. Posting of such content repeatedly, may also result in suspension or termination of your account, or license to use the website/ application/ services. You agree that this does not extinguish the rights of the third party who owns such Intellectual Property against you.
viii. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
ix. In case, you do not wish to use our services any longer, you may choose to delete your account. Once you, delete your account, you will not be able to reactivate or retrieve your account or any data, content therein.
2. We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use and access our content, material and data as made available on our application/ website/ services subject to these Terms. No rights are licensed with respect to the musical works embodied in the services. However, we may limit or terminate your license to access our application/ website/ services at any time and for any reason without any notice. Unless otherwise provided hereunder, we have the absolute right, but not the obligation, to remove any content on our application/ website/ services. Except for the rights and license granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise. Except as expressly provided in these Terms, this license will not confer any right on you to use automated technology to copy or post content available on our application/ website/ platform for the purpose of making derivative works. Except as mentioned in these Terms, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in/ or uploaded to (excluding user content, which is owned by the applicable user subject to the user content license) the Application, Website, Services and Platform are proprietary property of the Application/ Website (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from us and nothing on this Application or Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to us, to the User.
3. You agree that by submitting, posting, or displaying your Content on our application/ website/ platform, you grant us and our affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, sub-license, and otherwise use your Content in connection with the operation or use of our application/ website/ platform or the promotion, advertising or marketing of our application/ website/ platform or of our business partners’. By submitting User Content to the Platform, you acknowledge and agree that we may create or license from third parties, Platform Content, or obtain User Content from other Users, that may be similar or identical to your User Content. You agree that you shall have no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to Us. You acknowledge and agree that your submission of User Content to the Platform does not create any new or alter any existing relationship between you and Us.
4. You shall not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ Platform or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/Platform, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/Platform.
5. You agree not to use the Application/ Website/ Platform to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content; (f) post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; (g) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; (h) make available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; (i) violate any of the terms specified under the Terms for the use of the Application /Website/Services/Platform; (j) make available any content that is harmful to children, infringes any patent, trademark, copyright or other proprietary rights, violates any law for the time being in force, deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact, impersonates another person, threatens 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 cognisable offence or prevents investigation of any offence or is insulting other nation, is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. You agree not to use the Site or Mobile Application to send any message that is unlawful, libellous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by Us in our sole discretion.
6. Any substance downloaded or generally got through the utilization of our Resources is done at your own particular attentiveness and hazard, and that you are singularly in charge of any harm to your PC or different gadgets for any loss of information that may come about because of the download of such substance.
7. You agree to defend, indemnify and hold harmless Fame Links, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Application/Website/ Services; (ii) Your violation of any term of these Terms or any other policy of Fame Links; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This indemnification obligation will survive these Terms.
8. In the preparation of the Application/Website/Services/Platform and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, we disclaim any responsibility for any errors and accuracy of the information that may be contained in the Website/ Application.
9. The Website/ Application/ Platform may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws. We shall not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors. We are not liable for any infringement of intellectual property arising out of the material posted on, or transmitted through, or advertised on our application/ website, by users or any third party.
10. In no event shall the Application/ Website, its officers, directors, employees, partners, affiliates, or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application/ Website. In no event shall our total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed INR 500/-.
11. Any violation by You of the terms of the terms may result in immediate suspension or termination of your use of the Website/Application apart from any legal remedy that We may avail including an adequate remedy in money or damages. Violation of these terms could also result in civil or criminal liability under applicable laws.
12. Any unlawful information stored, posted, published by you on our application/ website/ platform, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, is liable to be deleted with immediate effect upon receiving actual knowledge with respect thereto from a court of competent jurisdiction or on being notified by the Appropriate Government (as defined under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
13. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
14. DISCLAIMER: THIS APPLICATION/ WEBSITE, THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE/ APPLICATION, PLATFORM AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, OR THE APPLICATION OR THE PLATFORM OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE/APPLICATION OR THE SERVICES/PLATFORM IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT THE PLATFORM/ SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
15. All notices served by Us shall be provided via email to Your account or as a general notification on the Website/ Application. Any notice to be provided to Us should be sent to famelinks@kalz.in.
16. The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Website/ Application from time to time, constitute the entire agreement between Us and You with respect to Your access to or use of the Application, Website and the Services thereof.
17. You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms however are freely transferable to any third parties without the requirement of seeking Your consent.
18. We shall not be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, crime, terrorist attacks, embargoes, acts of civil or military authorities, widespread Internet outages, fire, floods, earthquakes, accidents, epidemics, strikes, fuel or energy. In the event of any such delay, any applicable period of time for action by the Application/ Website may be deferred for a period equal to the time of such delay.
19. If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
20. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by it of that provision or right.
21. We make all best endeavours to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at famelinks@kalz.in.
All content, including without limitation, content that is uploaded, posted, commented on, or shared by you on our Platform, must adhere to the laws of India, including without limitation, the Indian Penal Code,1860 and, the Information Technology Act, 2000 along with all rules and amendments made under such laws. We cooperate with legal authorities and follow enforcement mechanisms in cases of breach of applicable laws.
Content may not be uploaded, posted, commented on, or shared by you if it threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order. You may not post or engage with content that is insulting to any other nation, incites the commission of any offences or prevents the investigation of offences.