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Terms Of Service

BY INSTALLING AND USING THE MOBILE APPICATION, WEBSITE WWW.CAMSTAR.APP ("APP") OR AND ANY OF THE SERVICES, FEATURES, CONTENT OR APPLICATIONS OF 88MPH TECH HOLDINGS PRIVATE LIMITED ("COMPANY"), OFFERED THROUGH ITS APPLICATION (COLLECTIVELY REFERRED TO AS "SERVICES") YOU AS A USER, INCLUDING USERS WHO ARE CONTRIBUTORS OF CONTENT, AGREE TO THESE TERMS OF USE READ TOGETHER WITH VARIOUS POLICIES INCLUDING IBUT NOT LIMITED TO THE CANCELLATION & REFUND POLICY AND PRIVACY POLICY AS AVAILABLE ON THE APP.

This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and the rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the IT Act and is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 amended from time to time, that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the App. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We enhance and update the App and Services often. We may change or discontinue the Terms of use, the App or Services at any time, with or without notice to you. Notwithstanding anything contained herein, if you breach the Terms of Use or Privacy Policy or other rules and policies, Company reserves the right to take any legal or other action including but not limited to denying or revoking access, referral to the appropriate authorities.

Through the App and Services, you have the opportunity to purchase personalized services like personalized CAMSTAR videos (‘StarVideo’& ‘StarLike’) from celebrities and influencers. These services includes the text, video, software, scripts, graphics, graphics interchange formats, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services and may or may not be restricted to the CAMSTAR App.

In connection with certain aspects of the Services, we may request, collect and/or display some of your personally identifiable information ("Personal Information"). All required information is service dependent and we may use the above said user information to, maintain, protect, and improve its services (including advertising services) and for developing new services. We recommend you use your device’s standard keyboard whenever entering credit card numbers, passwords or other sensitive information. If you enter any of this information into the Company’s content library search input area, Company will receive it. Company uses reasonable efforts to remove this type of information from its records, but cannot guarantee that it will be able to do so.The App uses third party services that may collect information used to identify you which are subject to change from time to time.

  • 1. Eligibility: Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the App. Any minor desirous to use or contribute on the App, is required to conduct such transaction through their legal guardian or parents. You shall be responsible for maintaining the confidentiality of any username/access and password in the process of the use of the App and you shall be responsible for all activities that occur under your username/access and password. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
  • 2. Contents Posted on the App: Through the App and Services you may submit a request which may or may not be accepted. The maximum time within which a request will be completed or rejected will be shared on the App. Some Services may be free for you to use. Some services require a payment from you. Some services may be free for a period, but then require a payment after the period. Any particular terms of a free service will be made clear to you before you submit the request and the relevant terms shall be incorporated into these terms by reference. For the free services, there is no guarantee that your request for a ‘StarVideo’ & ‘StarLike’ will get fulfilled. Once you submit your request for a ‘StarVideo’ & ‘StarLike’, you will enter into a lucky draw contest and your request may have a chance to be selected and get fulfilled by the celebrity.Any particular payment terms of any paid for services will be made clear to you before you agree to pay for them and the relevant payment terms shall be incorporated into these terms by reference. We may change the price and nature of services at our discretion, but if you are paying for services, we will always give you notice should the price change, or there is a significant change in the nature of the services that you are using. If you think that you may be entitled to a refund for services and you purchased those services from our Websites or from within one of our Apps you can contact us at care@camstar.app Company does not review or modify any content uploaded by a user. All the contents posted/uploaded or provided by you on the App shall be dealt as per the privacy policy of the Company. Company does not endorse any content submitted to it by any user, or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with the content. Notwithstanding the above, Company reserves the right to, but does not have any obligation to, reject a request, remove, or block the Services in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, a request contrary to General Provisions: Clause 6 or upon receipt of claims or allegations from third parties or authorities), or for no reason at all.
  • 3. Links: The App and Services may contain links to other websites and online resources, including to payment gateways. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
  • 4. Ownership: We own or license all right, title, and interest in and to (a) the App and Services, including all software, text, media, look and feel of the App and Services and (b) our trademarks, logos, and brand elements.We respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement, you can write to us at care@camstar.app The Company is an intermediary and unless otherwise specified, all content on the App is user generated. Although Company is not obligated to monitor access to or use of the Services or to review or edit any content, Company has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use, or to comply with applicable law or other legal requirements. Company will remove all content submitted by you, if properly notified that such content infringes on another's intellectual property rights. Company has the right to investigate violations of these Terms of Use or conduct that affects the App and/or the Services. You agree to cooperate fully with Company in any such investigation. Company may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
  • 5. Rights and Responsibilities: Upon your continued compliance with these Terms of Use, you have a non-exclusive, worldwide license to use a ‘StarVideo’ & ‘StarLike’ purchased on the App, for your own personal, non-commercial, and non-promotional purposes. A ‘StarVideo’ & ‘StarLike’ is licensed and not sold to you. You may not modify or edit a ‘StarVideo’ & ‘StarLike’ or re-sell your rights in anyway. If you breach any of the provisions herein, your license to the ‘StarVideo’ & ‘StarLike’ is terminated with immediate effect and without further notice.

By use of the platform for delivering the ‘StarVideo’ & ‘StarLike’ uploaded by you, you hereby grant Company a worldwide, non-exclusive, royalty-free, and transferable right to use, modify or edit to fit the format of delivery, reproduce, distribute, display, publish, adapt, make available online or electronically transmit, and perform the ‘StarVideo’ & ‘StarLike’ in connection with the Services and Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the App and/or the Services in any media formats and through any media channels. You provide Company the undisputed and irrevocable right to apply its watermark, brand, logo including that of its partners and affiliates on the ‘StarVideo’ & ‘StarLike’ uploaded by you.

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

    Post, request for, upload, publish, submit or transmit any content that:
  • i. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • iii. is fraudulent, false, misleading or deceptive;
  • iv. is defamatory, obscene or pornographic;
  • v. promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • vi. is violent or threatening or promotes violence or actions that are threatening to any person or entity;
  • vii. promotes illegal or harmful activities or substances;
  • viii. contains personal or contact information about any other person without their prior authorization; or
  • ix. violates any content policies Company has posted for the Services.
  • x. threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder;
  • xi. threatens Critical Information Infrastructure as defined in Explanation of sub-section (1) of section 70 of the IT Act;
  • xii. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation
  • xiii. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App, Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App, Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App.
  • xiv. You shall not engage in advertising to, or solicitation of, other users of the App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the App or related to us. Encourage or enable any other individual to do any of the foregoing.

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

8. Disclaimer of warranties and Limitation of Liability: YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. We do not warrant that the App will be compatible with all hardware and software which you may use. To the fullest extent permitted by law, Company excludes all warranties, conditions, terms or representations about the accuracy or completeness of App’s or the of any sites linked to the App. The Services, ‘StarVideo’ & ‘StarLike’ and content are provided "AS IS", "AS AVAILABLE" and without warranty of any kind, express or implied including, but not limited to, the implied warranties with respect to title; non-infringement; merchantability; uninterrupted, timely, secure or error free use of the App or Services; and fitness for a particular purpose; and any warranties implied by any course of performance or usage of trade; all of which are expressly disclaimed. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP OR SERVICES, INCLUDING WITHOUT LIMITATION, CAMSTAR, IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IF ANY ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE), OR (III) FOR ANY DIRECT DAMAGES WILL BE LIMITED TO THE AMOUNT RECEIVED BY US FROM YOU WITHIN THE LAST 24 MONTHS TOWARDS THE SERVICES.

You understand and agree that we have set our prices and entered into these Terms of Use with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.


Talent Terms of Service

These Terms of Service ("Terms") govern your use of the Camstar website ("Site") and any Camstar mobile application and other services offered by 88MPH TECH HOLDINGS PRIVATE LTD ("Services"). 88MPH TECH HOLDINGS PRIVATE LTD. ("we.""us," or "Camstar") provides the Site and Services. "You" refers to you as an celebrity or influencer user of the Site or Services.

BY CLICKING "I AGREE" OR BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.


Your Obligations

Camstar Videos (StarVideo & StarLike). You agree to record and upload to the Site using the Services one (1) video recording for each user ("End User") who requests such recording from you (StarVideo & StarLike"); provided, however, in the event of a scheduling or other conflict, you may reject the request within ninety six (96) hours. Each (StarVideo & StarLike) will be approximately fifteen seconds or more (:15 or higher) in duration and will be made in accordance with the general directions and requests of the End User (e.g., birthday message, or "Good luck!" message). You will have sole discretion over the script and content of any Camstar Videos. You may refuse to create or upload a Camstar Video if an End User’s request is objectionable or otherwise offensive to you in your sole discretion. You must reject the request within forty-eight (48) hours. No money will be paid to you for any rejected Camstar Video request. All Camstar Videos must be uploaded within ninety six(96) hours of the request.

Additional Promotional Materials. You will provide to us the following promotional materials ("Promotional Materials") upon completion of account signup and creation: (1) High resolution images of yourself and (2) your Site profile bio. From time-to-time we may request additional Promotional Materials.


Fees and Payment

Fees: Subject to these Terms, we will pay to you seventy percent (70%) of the revenue received by Camstar from each End User for each Camstar Video(StarVideo & StarLike) sold by you on the Site through the Services. You will set your own price for each Camstar Video, provided, however, that your price must be at least One thousand Rupees or local currency equivalent to the rupee value per Camstar Video(StarVideo & StarLike). Camstar Videos are non-guild activities and there will be no residual or any other type of payment due in connection with them.

Payment: You must provide the required bank account information in order to receive payment from Camstar. Payment will be made within two (2) weeks of receipt by us of payment from the End User for your Camstar Video(StarVideo & StarLike). We reserve the right to change payment providers at any time and to require you to sign up with that new payment provider. We are not responsible for any delays or failures to receive payment caused by a third party payment provider or by your failure to timely or properly set up an account with the payment provider or to otherwise provide requested information for payment.


User Content

The Site and some of our Services allow you to upload, submit, store, send, or receive content and data, including your Camstar Videos and Promotional Materials ("User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.

When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content on the Site and also on social media and on other websites and media. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. We may sublicense our rights to End Users and otherwise as needed to provide the Site and Services. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. You agree that we may display advertising with or in connection with your User Content.

You represent and warrant that:
you own all rights in and to your User Content and that you have the right to give us the rights described above;
you have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party
Any User Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of User Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your User Content. None of your User Content will be subject to any obligation of confidence on our part and we will not be liable for any use or disclosure of any User Content you provide.
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason.
If you cancel your Camstar account, you may request that Camstar no longer display your Camstar Videos on the Site or through the Services and that we not make any new uses of your Camstar Video. We cannot, however, restrict the use of your Camstar Videos(StarVideo & StarLike) by the End Users for whom you created them and we cannot remove any other existing uses of your Camstar Videos.


Ownership

Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Our Content"); and (b) our trademarks, logos, and brand elements ("Marks"). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Site and Services are copyright © 88MPH TECH HOLDINGS PRIVATE LIMITED All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from us.


Additional Terms

Some of our Services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.


Eligibility

You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.


General Provisions

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

Applicable Law: These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction in respect of any matters arising herefrom.

Dispute Resolution: In the event any dispute arises out of or in connection with the Terms of Use herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by Company. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Mumbai. The language of arbitration shall be English.

Contact Us: Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this App.

Grievance officer: In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Mihir Doshi
Email:queries@camstar.app
Time: Mon - Sat (9:00 - 18:00)