This is the official site (“Site”) of Eleve Media Private Limited (“Company”), a company duly incorporated under the laws of India. In order to use this Site, you must agree to these terms and conditions (“Terms”), which are legally binding terms to govern your use of this Site. Please read these Terms carefully as they affect your legal rights and obligations.
This Site is an online portal that allows organized interaction with social media influencers. This Site brings together companies/ individuals who are seeking valuable inputs on specific brands/topics and bloggers/individuals/social media influencers 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 influencers. Nothing contained herein shall be deemed to construe as the advice, views, opinions 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. The bloggers/individuals/social media influencers shall be solely responsible for any Content is 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. 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 Site and/or any use /access of the same by any third party and is under no obligation to disable or otherwise restrict such use/access.
‘Content’ shall mean and include any inputs on specific brands/topics by any user including any blogger/individuals/social media influencers which may be in the form of a any text, reviews, comments, data, information, images, photographs, music, sound, video or any other material or any reactions thereto.
You shall ensure that prior to any third party accessing the Site 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 Site in any manner.
By using this Site, you represent and warrant that you are a resident of India, at least 18 years old and are otherwise capable of entering into a contract under applicable laws. If you are the parent or guardian of a child under 18 years of age, by registering on the Site 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 Site. We will at all times assume (and by using this Site you warrant that) you have the legal capacity to enter into the agreement set out in these Terms and that they will be legally enforceable against you to the maximum extent permitted by 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 MODIFICATION TO THE TERMS
We reserve the right, in our sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the Terms and to suspend and/or deny access to this Site or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. Changes to the Terms will be effective as on 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 Site 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.
The Company grants you the non-exclusive, non-transferable, revocable, limited right to use the Site for your personal and non-commercial use. Your license to use the Site 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 Site(including, without limitation, any screenshots, videos, documentation or manuals relating to the Site). All other rights are reserved with the Company.
License Restrictions: Unless otherwise authorized by these Terms or the Company in writing, you shall not:
You shall be solely responsible for your interactions with other users and any other parties with whom you interact through the Site, 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 influencer.
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 organisations. 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 Site.
We may at any time, without providing you any prior notice, suspend or stop providing access to the Site to you if we believe that you do not comply with our Terms or policies or if we are investigating suspected misconduct. Unauthorised use of the Site will lead to take action as we believe is necessary in our sole discretion to safe guard the Site 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.
HOW TO CONTACT US
This Site is published, controlled, owned and operated by the Company. Please forward any comments or complaints about the Site to [email protected] Please forward any questions regarding privacy to [email protected] Please forward any questions regarding other legal matters to [email protected]
ENROLLMENT / REGISTRATION
You can browse the Site without providing any personal information. However, to use some of the services being offered by the Company and/or third party providers on the Site, you will be required to provide certain personal information like your name, salutation, address, email address, mobile number etc. When you provide the Site with any information, the information has to be accurate and complete. The Company shall assume that any information provided by you is accurate and shall not verify the same. 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 Site, or any of its resources.
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 Site, 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.
By providing such personal information, you consent to receive all information relating to the Site, the services offered by the Site 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 Site and/or the services and for any marketing campaign of the Company and/or third party service providers.
Providing the Company and/or third party service providers with any information including personal information through use of the Site 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.
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 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 Site and any materials incorporated by the Company on this Site 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 Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed tothe Company or other third parties (“Trademarks”). The Company respects the intellectual property rights of others and asks users of this Site 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 Site, either by the Company or through third party providers, may be protected by intellectual property laws of India 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 Site 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 Site 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 Site 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 Site are not under the control of the Company. The Company does not take any responsibility of 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 site 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 Site 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 Site, 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 Site. You further acknowledge and agree that you will not rely on any content available on or through the Site, 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, 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 Site.
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 provide transmit, store or upload on the Site or when making use of the Site. 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 SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE SITE 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 SITE, THE COMPANY, THE GROUP COMPANIES,ANY SUBSIDIARIES OR AFFILIATES OF THE COMPANY DISCLAIM ANY ANDALL 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 SITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE AREFREE 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 SITE OR ANY WEB SITES LINKED TO THE WEBSITE 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 SITE OR ANY OTHER WEBSITE 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 SITE OR ANY OTHER WEBSITE. 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 SITE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE 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
THE COMPANY DISCLAIMS ANY ANDALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FORUMS AND/OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY IN RELATION TO A PARTICULAR CLAIM EXCEED RS.1,000/-.
The Company makes no representation that the Materials or Content in the Site are appropriate or available for use outside India, its territories, possessions and protectorates. If you choose to access the Site 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.
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 Site itself.
THIRD-PARTY WEBSITES AND SERVICES
The Site 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 websites 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 Site may allow you to download, install, access or use software, products or services provided by third party providers. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of the Company, and you acknowledge that (whether or not such sites 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 websites, nor does the inclusion of such an advertisement or link imply endorsement of any site 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 Site 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 Site, 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 websites. 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.
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.
You are prohibited from violating or attempting to violate the security of the Site, 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 Site, 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 Site any unlawful, libelous, threatening, obscene or otherwise objectionable material of any kind or nature or (g) hyperlinking the Site to any other site. 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 Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available from the Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
We reserve the right to recover the costs and lawyers’ fees from persons using the Site fraudulently. The Company also reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site.
These Terms shall be governed by, construed and enforced in accordance with the laws of India. You hereby consent and submit to the exclusive jurisdiction of the courts of Haryana, India for any action however so arising out of these Terms.
If any provision of these Terms shall be 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 is the entire agreement between the parties relating to the matters contained herein.
Obligations, undertakings and covenants by Influencers
The Influencer must be a resident of India and must be minimum of 18 years of age on the date of his engagement.
The Influencer 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 India 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:-
The Influencer 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:
The Influencer 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 Influencer shall (a) immediately notify the Service Provider of any unauthorized use of the Influencer’s password and/or account or any other related breach of security, and (b) ensure that Influencer exits from his/her account at the end of each session.
The Influencer 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 Influencer 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 Influencer shall assume all risks associated with use of such Content, including any reliance on its accuracy, completeness or usefulness by others.
The Influencer must submit the Content within the date specified by the concerned Advertiser(s). Any Content submitted after the due date shall be rejected.
The Influencer 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 Influencer shall be entertained on the issue.
The Influencer shall not make the Company responsible for the manner or circumstances in which third parties access or use the Content.
In relation to Influencer’s account, the Influencer must adhere to the following guidelines:-
The Influencer shall, at all times, adhere to the confidentiality provisions in respect of Confidential Information set out herein.
The Influencer shall not be entitled to solicit any work and get paid for, with the Advertiser outside the scope of his arrangement by the Service Provider.
The Influencer 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 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 Influencer 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 Influencer in connection with his engagement by the Service Provider pursuant to this Agreement.
The Influencer shall execute Influencer Empanelment Documents and shall consent and agree to have read, accepted and fully understood the terms set out therein.
The Influencer shall:
The Influencer 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 Influencer 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 website which may be contained on the Service Provider’s website/app (“Linked Sites”). In the event that by accessing any such Linked Sites, the Influencer is exposed to content that he/she considers offensive or inappropriate, the Influencer shall not hold the Service Provider/Company responsible or liable for the same.
The Influencer 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 have no obligation, to intercede in any disputes. The Influencer hereby agrees that the Service Provider/Company will not be held responsible for any liability incurred as a result of such interactions.
The Influencer 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 organisations. The Influencer shall not create work/post Content which is intended or designed to mislead, including in relation to social, environmental and human rights issues.
The Influencer shall give appropriate consideration to the impact of his/her Content on minority segments of the population, whether that minority be by race, religion, national origin, colour, sex, sexual orientation, gender identity or expression, age or disability.