Updated on April 20, 2020
User agreement between HELLOSTAR MEDIA PRIVATE LIMITED (Hellostar.in) and Influencers
This document is an agreement between HELLOSTAR MEDIA PRIVATE LIMITED (hereinafter referred to as “Hellostar.in”) and Influencers, and defines how Hellostar.in interacts with Celebrities, Influencers, Stars (hereinafter referred to as “Influencers”) and Users, as well as procedures on how Influencers provide video messages to Users.
In creating an account or using the site Hellostar.in, the Influencer accepts these terms and conditions as well as represents and warrants that he/she:
b) has the right, in accordance with applicable law, to enter into contractual relations under this User Agreement and there is nothing that would limit its legal capacity,
C) is above18 years of age and an adult in accordance with the legislation of the country of citizenship of the Influencer and the countries of his residence;
d) has been notified that the content of Hellostar.in is intended exclusively for adults.
Terms and definitions:
The terms and definitions listed below have the following meaning for the purposes of this User Agreement:
Hellostar.in – online information service (website) located on the Internet with a domain name "Hellostar.in", the author, developer and copyright holder of which is HELLOSTAR MEDIA PRIVATE LIMITED. The online service allows to upload, send, store, and receive content and various data, including Hellostar.in videos and advertising materials.
Website – a set of graphic and informational materials, as well as computer programs and databases that ensure that the network address https://Hellostar.in, where Hellostar.in is located and available on the Internet.
The Administration of Hellostar.in – authorized Hellostar.in management employees acting on behalf of Hellostar.in.
Hellostar.in Influencer – a person who is popular in a particular field of activity, including but not limite to: artists, actors, showmen, bloggers, athletes, businessmen, politicians, gurus, singers, musicians, stars, celebrities, etc., who have registered their personal account on Hellostar.in, via the Internet and using the website Hellostar.in.
User – a person who has access to the website Hellostar.in, via the Internet and using the website Hellostar.in.
Hellostar Video – a video message (video clip) recorded by an Influencer at the request and tasks of the User, the duration of which cannot be less than 30 seconds.
Content of Hellostar.in– protected results of intellectual activity, including texts of literary works, their titles, prefaces, annotations, articles, illustrations, covers, musical works with or without text, graphics, texts, photographs, derivatives, composites and other works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as the design, structure, selection, coordination, appearance, general style and location of this content, which is part of Hellostar.in and other intellectual property items all together and / or separately contained on the site Hellostar.in.
1. General Terms of Interaction and Subject of the User Agreement
1.1. Use of materials and services of Hellostar.in is regulated by the current legislation of the Republic of India.
1.2. This Agreement is a public offer. By getting access to Hellostar.in the Influencer is considered to have agreed to the terms and conditions of this Agreement.
1.3. The Administration of Hellostar.in has the right to:
1.3.1. unilaterally change the terms of this Agreement at any time. Such changes will take effect from the moment the new version of the Agreement is posted on Hellostar.in. If the Influencer does not agree with the changes made, they may refuse to access Hellostar.in, stop using the materials and services Hellostar.in;
1.3.2. restrict the Influencer access to Hellostar.in if the Influencer violates the terms of this Agreement;
1.3.3. change the amount of payment charged for services rendered by Hellostar.in.
1.4. In accordance with the terms of this Agreement, the Influencer is commissioned and assigned by the User through the website Hellostar.in and undertakes to record, upload to his/her personal account Hellostar.in and send the Hellostar video to the User, for which Hellostar.in pays the Influencer a compensation in the form of 70 % of the revenue received from each User who ordered and paid for the services of the Influencer.
1.4.1. The Influencer has the right to independently set the price for each Hellostar video. However, this price cannot be less than Rupees 100 per Hellostar video.
1.5. Hellostar.in provides the Influencer with the following services:
- registration (creation) of a personal account, with various statistical data, as well as the ability to receive applications and upload Hellostar videos;
- access to all services of Hellostar.in is available both for free and/or for a fee;
- access to a shared chat with the ability to post comments and messages;
- access to Hellostar.in's search and navigation tools;
- accepting and transferring payments;
- "Premium" status, which implies a privileged position for the Influencer who have acquired this status;
- other types of services implemented on the pages Hellostar.in.
1.6. Payment of the Influencer's remuneration is made within 14 days after the User's funds are received by the online payment service. The online payment service is not managed Hellostar.in and the relationship with the service is governed by the terms of the payment service provider. Therefore, Hellostar.in is not responsible for any delays or failures in receiving payment caused by any third-party service.
1.7. This Agreement applies to all currently existing (actually functioning) services of Hellostar.in, as well as any subsequent modifications and additional services that appear in the future services of Hellostar.in.
2. Obligations of the Influencer, the procedure for interacting with Hellostar.in and Users, as well as rights to the results of intellectual activities
2.1. The celebrity undertakes to record, upload to his/her personal account in Hellostar.in and send the video Hellostar.in to each User who orders it.
However, if it is not possible to fulfill the User's request, the Influencer has the right to reject the request within 72 hours of its receipt. If the request is accepted, the video must be uploaded to your personal profile within 72 hours of acceptance.
2.2. When creating a Hellostar video the Influencer undertakes to act strictly within the framework of the User's request.
2.3. The Influencer also has the right to reject a User's request if it is undesirable, contains offensive language, obscenities, calls to incite ethnic hatred or enmity, violations of laws, etc.
2.4. In case of rejection of the request from Hellostar.in the Influencer is not liable to make any payments.
2.5. After completing registration and creating an account, the Influencer agrees to provide Hellostar.in the following information: 1. one image in high resolution; 2. biography; 3. social networks; 4. payment details, 5. other information.
2.6. The celebrity agrees not to take any actions that may be considered as violating Indian or international laws, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a violation of normal operation of Hellostar.in and services of Hellostar.in.
2.7. The website Hellostar.in enables the Influencer to upload, send, store, and receive various content, including Hellostar videos and promotional materials (the "Content"). The Influencer retains the rights to all the results of intellectual activity.
2.8. By uploading, sending, saving, or receiving content, an Influencer provides Hellostar.in permission to reproduce and use the Influencer's content in any way. The Influencer provides Hellostar.in and to those who work together with Hellostar.in license to use, post, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes that is required to work correctly in Hellostar.in platform), public display and distribution on the Site, in social networks, on other sites, and in the media.
Use of Hellostar.in materials is not allowed without the consent of the copyright holders. For legitimate use of Hellostar.in materials, it is necessary to conclude license agreements (obtain licenses) from the copyright holders.
2.9. License submitted by Hellostar.in, is intended for limited operation, promotion and improvement of the website Hellostar.in and its services, as well as for the development of new services. The license for the Influencer's content is not exclusive, meaning that the Influencer may use their content for personal purposes or allow third parties to use the Influencer's content for their own purposes.
2.10. The license is fully paid for and does not require any royalties. Therefore, Hellostar.in does not pay the Influencer any remuneration in connection with the use of the Influencer's content. Hellostar.in has the right to use the license on the territory of the whole world. In addition, Hellostar.in has the right to sub-license the rights granted to Users and use them in any other way, if it is necessary for the activity Hellostar.in.
2.11. The license is perpetual, which means that the rights of Hellostar.in for this license are preserved even after the Influencer ceases to use it in Hellostar.in.
2.12. The Influencer agrees that Hellostar.in may display, distribute, broadcast, or otherwise use advertising that includes the Influencer's content.
2.13. By accepting this Agreement, the Influencer states and warrants that:
- all rights to the content belong to the Influencer legally and the Influencer has the right to grant Hellostar.in the rights as described above;
- Any fees or other charges that may be associated with the use of the Influencer's content have been considered paid;
- The Influencer's content does not violate intellectual property rights, the right to inviolability of private life, denigrates the honor, dignity and business reputation and does not violate other legal rights of third parties.
2.14. The Influencer acknowledges and agrees that the relationship governed by this Agreement is not a confidential, fiduciary, or other special relationship. Hellostar.in is not responsible for any use or disclosure of any content provided by the Influencer.
2.15. Hellostar.in has the right to deny the Influencer in accepting or transmitting the content without explanation. In addition, Hellostar.in has the right to remove the Influencer's content from the website Hellostar.in without explanation.
2.16. If an Influencer cancels their Hellostar account, the Influencer may request that Hellostar.in no longer display the Influencer's videos on the website. However, Hellostar.in can restrict the use of the Influencer's videos by Users for whom it was created by the Influencer.
2.17. When quoting materials published on Hellostar.in, including copyrighted works, links to Hellostar.in is mandatory as per the applicable laws of India.
2.18. The influencer's content on Hellostar.in must not conflict with the requirements of the legislation of the Republic of India and generally accepted norms of morality.
2.19. The Influencer is hereby notified that the Administration of Hellostar.in is not responsible for visiting and using external resources, links to which may be contained on Hellostar.in.
2.20. The Influencer agrees that the Administration of Hellostar.in is not responsible or liable, directly or indirectly, to the Influencer in connection with any possible or incurred losses or damages related to any content of Hellostar.in, copyright registration and information about such registration, goods or services available on Hellostar.in or obtained through external sites or resources.
2.21. The celebrity accepts the provision that all materials and services Hellostar.in or any part of them may be accompanied by advertising. The Influencer agrees that the Administration of Hellostar.in does not bear any responsibility and does not have any obligations in connection with such advertising.
2.22. Additionally, the Influencer of Hellostar.in undertakes to:
2.22.1. provide at the request of the Administration of Hellostar.in additional information that is directly related to the services provided Hellostar.in.
2.22.2. observe the property and non-property rights of authors and other copyright holders while using Hellostar.in.
2.22.3. not to take actions that may be considered disruptive to normal operation of Hellostar.in.
2.22.4. not to distribute any confidential and protected by the Indian legislation information about individuals or legal entities using Hellostar.in platform.
2.22.5. avoid any actions that may violate the confidentiality of information protected by the Indian legislation.
2.22.6. not to use Hellostar.in to distribute advertising information, except with the consent of the Administration of Hellostar.in.
2.22.7. not to use the services of Hellostar.in with the purpose of:
220.127.116.11. downloading content that is illegal, violates any rights of third parties; promotes violence, cruelty, hatred and (or) discrimination on racial, national, sexual, religious, social grounds; contains false information and (or) insults to specific individuals, organizations, and authorities.
18.104.22.168. encouraging others to commit illegal actions, as well as assistance to persons whose actions are aimed at violating restrictions and prohibitions in force on the territory of India.
22.214.171.124. violating the rights of minors and (or) causing them harm in any form.
126.96.36.199. infringement of the rights of minorities.
188.8.131.52. representing yourself as another person or representative of an organization and/or community without sufficient rights, including employees of Hellostar.in.
184.108.40.206. misleading anybody about the properties and characteristics of any service on Hellostar.in.
220.127.116.11. incorrectly comparing Hellostar.in, as well as the forming a negative attitude to persons who (do not) use Hellostar.in, or the condemning such persons.
2.23. Influencers are forbidden to:
2.23.1. use any devices, programs, procedures, algorithms, and methods, automatic devices, or equivalent manual processes to access, acquire, copy, or track content of Hellostar.in;
2.23.2. disturb the proper functioning Hellostar.in;
2.23.3. bypass the navigation structure of Hellostar.in in any way to obtain or attempt to obtain any information, documents, or materials by any means not specifically provided by the services of Hellostar.in;
2.23.4. get unauthorized access to functions of Hellostar.in, any other systems or networks related to Hellostar.in, as well as any services offered on Hellostar.in;
2.23.4. violate the security or authentication system on Hellostar.in or in any network related to Hellostar.in.
2.23.5. perform reverse search, track, or attempt to track any information about any other user of Hellostar.in.
2.23.6. use Hellostar.in and its Content for any purpose prohibited by the Indian legislation, as well as to incite any illegal activity or other activity that violates the rights of Hellostar.in or any other persons.
3. Usage of Hellostar.in
3.1. The website (landing page) and the content included in the Website are owned and managed by the Administration of Hellostar.in.
3.2. The content of the Website may not be copied, published, reproduced, transmitted or distributed in any way, or posted on the global Internet without the prior written consent of the Administration Hellostar.in.
3.3. The content of the Website is protected by copyright, trademark law, as well as other rights related to intellectual property and unfair competition law.
3.4. In order to purchase goods and services offered on the Hellostar.in website, the Influencer is required to create (register) an Influencer account and provide a phone number and email.
3.5. The Influencer is personally responsible for maintaining the confidentiality of the account information, including the password, as well as for all activities conducted on behalf of the Influencer account without exception.
3.6. The Influencer must immediately notify the Administration of Hellostar.in any unauthorized use of their account or password, or any other security breach.
3.7. The site administration has the right to unilaterally cancel an Influencer's account if it has not been used for more than 12 consecutive calendar months without notifying the Influencer.
3.8. This Agreement applies to all additional terms and conditions for the purchase of goods and services provided on Hellostar.in.
3.9. Information posted on Hellostar.in, shall not be construed as a modification of this Agreement.
3.10. Administration of Hellostar.in has the right to make changes to the list of products and services offered on the website at any time without notice to the Influencer of Hellostar.in, and (or) the prices applicable to such goods for their sale and (or) services rendered by Hellostar.in.
4.1. Any damages or losses (financial or otherwise) that the Influencer may incur in the event of intentional or negligent violation of any provision of this Agreement, as well as due to unauthorized access to the communications of another Influencer, is not reimbursable by the Administration of Hellostar.in .
4.2. The Administration of Hellostar.in is not responsible for:
4.2.1. delays or failures in the process of performing operations caused by force majeure, as well as any case of problems in telecommunications, computer, electrical and other related systems.
4.2.2. actions by transfer systems, banks, payment gateways and for delays related to their operation.
4.2.3. proper functioning of the website in the event that the Influencer does not have the necessary technical means to use it, and does not bear any obligations to provide users with such means.
5. Violation of the terms of the User Agreement
5.1. The administration Hellostar.in may disclose any information collected about the Influencer if disclosure is necessary in connection with an investigation or complaint regarding misuse of Hellostar.in or to establish the identify of an Influencer who may violate or interfere with the rights of the Administration of Hellostar.in or the rights of other Influencer and Users of Hellostar.in.
5.2. The Administration Hellostar.in has the right to disclose any information about the Company that it deems necessary to comply with the provisions of current legislation or court decisions, to ensure compliance with the terms of this Agreement, to protect the rights or safety of HELLOSTAR MEDIA PRIVATE LIMITED or the Users.
5.3. The Administration of Hellostar.in has the right to disclose information about a Influencer if the current Indian legislation requires or permits such disclosure.
6. Other conditions
6.1. All possible disputes arising out of or related to this Agreement shall be resolved in accordance with the current Indian legislation at the place of registration of HELLOSTAR MEDIA PRIVETE LIMITED.
6.2. Nothing in the Agreement should be understood as establishing any Agent / Agency relationship, partnership relationship, joint activity relationship, personal employment relationship, or any other relationship not expressly provided for in the Agreement.
6.3. The court's recognition of any provision of the Agreement as invalid or unenforceable does not invalidate other provisions of the Agreement.
6.4. Inaction on the part of the Administration of Hellostar.in in case of violation by any of the Influencers of the provisions of the Agreement does not deprive the Administration Hellostar.in the right to take appropriate actions later in order to protect their interests and copyright protection of materials protected in accordance with the law.
The celebrity confirms that he / she has read and understood all the points of this User Agreement and accepts them unconditionally.
Company name: HELLOSTAR MEDIA PRIVATE LIMITED
Mailing Address: A. Roychowdhury, c/o HELLOSTAR MEDIA PRIVATE LIMITED, Flat No.321 Block 8, 7 K. B. Sarani, Lp-5/37/2, Kolkata, West Bengal, India, 700080
Address other than R/o where all or any books of account and papers are maintained – Office 602, Saltee Plaza, 1 Jessore Road, Kolkata, West Bengal, 700080 IN
Managing director: Aniruddha Roychowdhury
Bank Name: ICICI Bank Limited
Bank Branch: Kolkata, Nager Bazar Branch
Bank address: 235, Jessore Road, Nagerbazar, Kolkata, West Bengal, 700028 IN
IFSC Code: ICIC0001100
A/c No. 110005001679
SWIFT Code: ICICINBB006