User agreement between HELLOSTAR MEDIA PRIVATE LIMITED (SkillPal.in) and EXPERTS
This document is an agreement between HELLOSTAR MEDIA PRIVATE LIMITED (hereinafter referred to as “SkillPal.in”) and Experts, and defines how SkillPal.in interacts with Celebrities, Influencers, Experts, Stars (hereinafter referred to as “Experts”) and Users, as well as procedures on how Experts provide video messages to Users.
In creating an account or using the site SkillPal.in, the expert 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 above 18 years of age and an adult in accordance with the legislation of the country of citizenship of the expert and the countries of his residence;
d) has been notified that the content of SkillPal.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:
SkillPal.in – online information service (website) located on the Internet with a domain name "SkillPal.in", the author, developer and copyright holder of which is HELLOSTAR MEDIA PRIVATE LIMITED. The online service allows users to upload, send, store, and receive content and various data, including SkillPal.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://SkillPal.in, where SkillPal.in is located and available on the Internet.
The Administration of SkillPal.in – authorized SkillPal.in management employees acting on behalf of SkillPal.in.
SkillPal.in expert – a person who is popular / has achieved particular success in a particular field of activity, including but not limited to: artists, actors, showmen, bloggers, athletes, businessmen, politicians, gurus, singers, musicians, stars, celebrities, etc., who have registered their personal account on SkillPal.in, via the Internet and using the website SkillPal.in.
User – a person who has access to the website SkillPal.in, via the Internet and using the website SkillPal.in.
SkillPal Video – a video message (video clip) recorded by an expert at the request and tasks of the User, the duration of which cannot be less than 30 seconds.
SkillPal live - a live video session between an expert and a user, duration of which is a maximum of 15-minutes per session, booked directly on SkillPal. A user may book multiple sessions concurrently.
Content of SkillPal.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 SkillPal.in and other intellectual property items all together and / or separately contained on the site SkillPal.in.
1. General Terms of Interaction and Subject of the User Agreement
1.1. Use of materials and services of SkillPal.in is regulated by the current legislation of the Republic of India.
1.2. This Agreement is a public offer. By getting access to SkillPal.in the expert is considered to have agreed to the terms and conditions of this Agreement.
1.3. The Administration of SkillPal.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 SkillPal.in. If the expert does not agree with the changes made, they may refuse to access SkillPal.in, stop using the materials and services SkillPal.in;
1.3.2. restrict the expert access to SkillPal.in if the expert violates the terms of this Agreement;
1.3.3. change the amount of payment charged for services rendered by SkillPal.in.
1.4. In accordance with the terms of this Agreement, the expert is commissioned and assigned by the User through the website SkillPal.in and undertakes to record, upload to his/her personal account SkillPal.in and send the SkillPal video to the User, for which SkillPal.in pays the expert a compensation in the form of 75% of the revenue received from each User who ordered and paid for the services of the expert.
1.4.1. The expert has the right to independently set the price for each SkillPal video. However, this price cannot be less than Rupees 100 per SkillPal video.
1.5. SkillPal.in provides the expert with the following services:
registration (creation) of a personal account, with various statistical data, as well as the ability to receive applications and upload SkillPal videos;
access to all services of SkillPal.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 SkillPal.in's search and navigation tools;
accepting and transferring payments;
"Premium" status, which implies a privileged position for the expert who have acquired this status;
other types of services implemented on the pages SkillPal.in.
1.6. Payment of the expert'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 by SkillPal.in and the relationship with the service is governed by the terms of the payment service provider. Therefore, SkillPal.in is not responsible for any delays or failures in receiving payment caused by any third-party service. However, in such a case, the SkillPal team would initiate the payment again.
1.7. This Agreement applies to all currently existing (actually functioning) services of SkillPal.in, as well as any subsequent modifications and additional services that appear in the future services of SkillPal.in.
2. Obligations of the expert, the procedure for interacting with SkillPal.in and Users, as well as rights to the results of intellectual activities
2.1. The expert undertakes to record, upload to his/her personal account in SkillPal.in and send the video SkillPal.in to each User who orders it.
However, if it is not possible to fulfill the User's request, the expert 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 SkillPal video the expert undertakes to act strictly within the framework of the User's request
2.3. The expert 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 SkillPal.in the expert is not liable to make any payments.
2.5. After completing registration and creating an account, the expert agrees to provide SkillPal.in the following information: 1. one image in high resolution; 2. biography; 3. social networks; 4. payment details, 5. other information.
2.6. The expert 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 SkillPal.in and services of SkillPal.in.
2.7. The website SkillPal.in enables the expert to upload, send, store, and receive various content, including SkillPal videos and promotional materials (the "Content"). The expert retains the rights to all the results of intellectual activity.
2.8. By uploading, sending, saving, or receiving content, an expert provides SkillPal.in permission to reproduce and use the expert's content in any way (unless otherwise specified by the expert in the submission process). The expert provides SkillPal.in and to those who work together with SkillPal.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 SkillPal.in platform), public display and distribution on the Site, in social networks, on other sites, and in the media.
Use of SkillPal.in materials is not allowed without the consent of the copyright holders. For legitimate use of SkillPal.in materials, it is necessary to conclude license agreements (obtain licenses) from the copyright holders.
2.9. License submitted by SkillPal.in, is intended for limited operation, promotion and improvement of the website SkillPal.in and its services, as well as for the development of new services. The license for the expert's content is not exclusive, meaning that the expert may use their content for personal purposes or allow third parties to use the expert's content for their own purposes.
2.10. The license is fully paid for and does not require any royalties. Therefore, SkillPal.in does not pay the expert any remuneration in connection with the use of the expert's content. SkillPal.in has the right to use the license on the territory of the whole world. In addition, SkillPal.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 SkillPal.in.
2.11. The license is perpetual, which means that the rights of SkillPal.in for this license are preserved even after the expert ceases to use it in SkillPal.in.
2.12. The expert agrees that SkillPal.in may display, distribute, broadcast, or otherwise use advertising that includes the expert's content.
2.13. By accepting this Agreement, the expert states and warrants that:
all rights to the content belong to the expert legally and the expert has the right to grant SkillPal.in the rights as described above;
Any fees or other charges that may be associated with the use of the expert's content have been considered paid;
The expert'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 expert acknowledges and agrees that the relationship governed by this Agreement is not a confidential, fiduciary, or other special relationship. SkillPal.in is not responsible for any use or disclosure of any content provided by the expert.
2.15. SkillPal.in has the right to deny the expert in accepting or transmitting the content without explanation. In addition, SkillPal.in has the right to remove the expert's content from the website SkillPal.in without explanation.
2.16. If an expert cancels their SkillPal account, the expert may request that SkillPal.in no longer display the expert's videos on the website. However SkillPal is not liable for the sharing/publicizing of content by the user, which was submitted prior to the cancelling of the expert's account. In select cases, SkillPal.in can restrict the use of the expert's videos by Users for whom it was created by the expert.
2.17. When quoting materials published on SkillPal.in, including copyrighted works, links to SkillPal.in is mandatory as per the applicable laws of India.
2.18. The expert's content on SkillPal.in must not conflict with the requirements of the legislation of the Republic of India and generally accepted norms of morality.
2.19. The expert is hereby notified that the Administration of SkillPal.in is not responsible for visiting and using external resources, links to which may be contained on SkillPal.in.
2.20. The expert agrees that the Administration of SkillPal.in is not responsible or liable, directly or indirectly, to the expert in connection with any possible or incurred losses or damages related to any content of SkillPal.in, copyright registration and information about such registration, goods or services available on SkillPal.in or obtained through external sites or resources.
2.21. The expert accepts the provision that all materials and services SkillPal.in or any part of them may be accompanied by advertising. The expert agrees that the Administration of SkillPal.in does not bear any responsibility and does not have any obligations in connection with such advertising.
2.22. Additionally, the expert of SkillPal.in undertakes to:
2.22.1. provide at the request of the Administration of SkillPal.in additional information that is directly related to the services provided SkillPal.in.
2.22.2. observe the property and non-property rights of authors and other copyright holders while using SkillPal.in.
2.22.3. not to take actions that may be considered disruptive to normal operation of SkillPal.in.
2.22.4. not to distribute any confidential and protected by the Indian legislation information about individuals or legal entities using SkillPal.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 SkillPal.in to distribute advertising information, except with the consent of the Administration of SkillPal.in.
2.22.7. not to use the services of SkillPal.in with the purpose of:
188.8.131.52. 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.
184.108.40.206. 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.
220.127.116.11. violating the rights of minors and (or) causing them harm in any form.
18.104.22.168. infringement of the rights of minorities.
22.214.171.124. representing yourself as another person or representative of an organization and/or community without sufficient rights, including employees of SkillPal.in.
126.96.36.199. misleading anybody about the properties and characteristics of any service on SkillPal.in.
188.8.131.52. incorrectly comparing SkillPal.in, as well as forming a negative attitude to persons who (do not) use SkillPal.in, or the condemning such persons.
2.23. experts 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 SkillPal.in;
2.23.2. disturb the proper functioning SkillPal.in;
2.23.3. bypass the navigation structure of SkillPal.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 SkillPal.in;
2.23.4. get unauthorized access to functions of SkillPal.in, any other systems or networks related to SkillPal.in, as well as any services offered on SkillPal.in;
2.23.4. violate the security or authentication system on SkillPal.in or in any network related to SkillPal.in.
2.23.5. perform reverse search, track, or attempt to track any information about any other user of SkillPal.in.
2.23.6. use SkillPal.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 SkillPal.in or any other persons.
2.23.7. Use, share or post any user-submitted content in any form (whether .mp4, .doc, .ppt, .pdf, .psd etc.), unless approval given by the user in the form of written consent. Everything is to be kept private on SkillPal otherwise.
3. Usage of SkillPal.in
3.1. The website (landing page) and the content included in the Website are owned and managed by the Administration of SkillPal.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 SkillPal.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 SkillPal.in website, the expert is required to create (register) an expert account and provide a phone number and email.
3.5. The expert 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 expert account without exception.
3.6. The expert must immediately notify the Administration of SkillPal.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 expert's account if it has not been used for more than 12 consecutive calendar months without notifying the expert.
3.8. This Agreement applies to all additional terms and conditions for the purchase of goods and services provided on SkillPal.in.
3.9. Information posted on SkillPal.in, shall not be construed as a modification of this Agreement.
3.10. Administration of SkillPal.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 expert of SkillPal.in, and (or) the prices applicable to such goods for their sale and (or) services rendered by SkillPal.in.
3.11. SkillPal is forbidden to use, share or post any user-submitted content (i.e. Media and work sent in by the user for expert review and feedback exclusively) in any form (whether .mp4, .doc, .ppt, .pdf, .psd etc.), unless approval is given by the user in the form of written consent. Everything is to be kept private on SkillPal otherwise, between the user and the expert.
4.1. Any damages or losses (financial or otherwise) that the expert 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 expert, is not reimbursable by the Administration of SkillPal.in .
4.2. The Administration of SkillPal.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 expert 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 SkillPal.in may disclose any information collected about the expert if disclosure is necessary in connection with an investigation or complaint regarding misuse of SkillPal.in or to establish the identity of an expert who may violate or interfere with the rights of the Administration of SkillPal.in or the rights of other expert and Users of SkillPal.in.
5.2. The Administration SkillPal.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 SkillPal.in has the right to disclose information about an expert 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 PRIVATE LIMITED, in the High Court of Kolkata.
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 SkillPal.in in case of violation by any of the experts of the provisions of the Agreement does not deprive the Administration SkillPal.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.