Registered User Agreement – Palpremium

ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.GreatIndianTalent.com ("Site") OR ANY INFORMATION CONTAINED IN THE SITE, AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGSITERED USER AGREEMENT ("Agreement"). IN ADDITION, ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.GreatIndianTalent.com ("Site") OR ANY INFORMATION CONTAINED IN THE SITE EXPRESSLY CONSENTS AND ACKNOWLEDGES THAT THEY HAVE READ THE TERMS AND CONDITIONS OF WEBSITE VISITOR AGREEMENT, PALPREMIUM COMPETITION TERMS AND CONDITIONS AND THE PRIVACY POLICY OF PALPREMIUM.

Definitions:-

Contestant:

Anyone who is a registered user and who has submitted a Material which is valid and accepted by Palpremium.

Competition:

It is the activity of collecting and comparing Material by the judges to decide the Winners based on certain rules.

Show:

It is the part or whole of compilation of the Material in the competition.

Winner:

Based on certain scoring systems and the points earned as per the rules of competition,Winners are decided.

1. Contracting parties

When you register with the Site, you are contracting with Palpremium Private Limited, a company registered in india with company number U22222AP2011PTC073292 and having its registered office at 8-2-703/2/b, Plot.No,2, Road.No.12, Banjara Hills, Hyderabad-500034, Andhra Pradesh, India. Palpremium Private Limited is referred to in these terms and conditions as "we", "us", "our" or "Palpremium". Registration of guardians is necessary for the Contestants below 18 years of age.

2. Passwords

You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site; and, to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You agree that you will be responsible to Palpremium and to others for all activity that occurs under your registration account.

3. Registered Users

There is a 1 account maximum for each Registered User on the Site. Additional accounts using other identities or generated through multiple account websites or software such as mailinator, temporary inbox or similar services are in breach of this Agreement and will be terminated. Any Registered User found to have generated multiple accounts will be blocked from Palpremium and this Agreementstandsterminated.

4. Site Content

This Site is intended only for the purposes specified on the Site, and use of the Site and/or all content contained within the Site ("Content") is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law and is not intended as specific commercial, financial, business or legal advice. Please note that Palpremium does not represent or warrant that the Site or the Content will be accurate, up-to-date, complete or free of defects, including without limitation viruses or other harmful elements. Certain Content may become temporarily unavailable due to outages or other problems.

5. Ownership of Content and Material.

Whilst Users will continue to own any Material they upload to the Site, Palpremium, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site, Content and the Material. You shall not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content or Materialin any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under any law. The SiteMaterial and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.

6. Submitting Material

If you upload any Material to Site, then you hereby grant to us a worldwide, -exclusive licence to use that Material in any media and, specifically, to make that Material available via the Site and via mobile phone networks and any other third-party platforms, media channels and/or distribution or performance methods. You further agree to waive your moral rights for the purposes of this licence. We reserve the right to cut, edit, crop or arrange yourMaterial as necessary for purposes related to the Site, and to remove the Material at any time..Palpremium reserves the right to display or publish or non-publish the names alongside the Material in partial or complete or alias name as provided by the user. If you do not want to grant these rights, please do not submit Material to the Site. Any and all stream of revenue from the merchandising, advertising or sponsoring or any other means of commercial usage of Material shall not only be the sole and exclusive right of Palpremium and the user has no right to claim but also the user agrees to indemnify Palpremium against any third party using the Material and hereby undertakes to get Palpremium the rights of stoppage against any such third party usage.

7. Originality

You warrant that all Materials you submit to the Site are original and do not infringe the rights of any third party and that you have the right to grant the licence in paragraph 5 and 6 above. You also warrant that the Material is not obscene, offensive or defamatory to any person or otherwise illegal.

8. Clearance of Rights in your Submitted Material

If you upload any audio, video, film, music, text, photographs, graphics or other Materials to the Site, you warrant and represent that you personally created, wrote and produced such content and all Materials contained within such content, or that you have obtained formal permission in writing from or are authorized by the owner(s) of those Materials for such use. Examples of Materials requiring permission include: any Material containing any pre-recorded music; a "cover" (i.e. a new version of someone else’s song); any Material comprising any pre-existing content (i.e. "clips" from other videos, films or TV programmes); "samples" from other records; photographs from any newspaper or book or other website; graphics or any other Materials taken or "borrowed".

9. Code of Conduct for User Content

You agree that you are responsible for everything that you post or transmit to the Site and you agree (in relation to the Site):

  1. not to post content or participate in any form of online activity which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive or which otherwise includes objectionable Material; and,
  2. not to post content which you do not have the right to use and not to transmit any Material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.

We will be entitled at our discretion to remove anything which is posted or transmitted to, from or via the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way and we expressly disclaim any liability for such removal.

Please note that the information posted to the Site by Users or Coaches represents the views or findings of the relevant User and is not necessarily the views of Palpremium.You further understand and acknowledge that when you upload Material to the Site, due to the nature of the Site you may be exposed to comments or critical submissions from other users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.Palpremium does not condone cheating and it will be dealt with under the relevant provisions and pertinent competition terms and conditions below.

10. Your Personal Information

If you provide any information to the Site, you agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. You further agree that if you submit any content or Material to us, you agree to grant to us the right to use your name, likeness and/or biographical Materials in all media for the purposes contemplated herein.

11. Objectionable Material

If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such Material (and the specific page on which it is found) to reportabuse@Palpremium.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation of copyright infringement through this process.

12. Termination of this Agreement

You may terminate this legal Agreement with Palpremium at any time on thirty days’ notice by sending an email (marked "Termination Notice") to stopmyaccount@Palpremium.com and simultaneously closing your registration account in accordance with the account closing procedures set out on the Site. Palpremium may at any time terminate this legal Agreement if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. Upon termination, the Material and Content rights remains unaffected with Palpremium.

13. Hacking

You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by Palpremium. Palpremium will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud Palpremium or any other parties through User's use of the Site or services provided via the Site. Palpremium reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s IP address or addresses at any time, and at our sole discretion to disallow User's continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

14. Your Use of Content

You agree not to use the Site or any of the Content/Material for the solicitation of business or in connection with a commercial enterprise, not to solicit, for commercial purposes any other users with respect to their submitted Material, and not to access any Content on the Site for any reason other than your personal, non-commercial use solely via the normal functionality of the Site.

15. Trade Marks

The brands, products and service names used or appearing within the Site (including, without limitation, "Palpremium") are the trademarks or trade names of Palpremium or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Palpremium.

16. Liability

User agrees that the liability of Palpremium to User under this Agreement shall be limited to the lesser of: (1) the amount User has actually paid to Palpremium for its products or services. Except as set out herein, Palpremium shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Palpremium.

17. Disclaimer

All services and contents of the Site are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the Site or its contents will be free of defects, including without limitation viruses or other harmful elements.

18. Indemnity

User agrees to indemnify Palpremium for any loss or damage that may be incurred by Palpremium, including without limitation legal fees, arising from any breach by User of any warranty herein or User's misuse of any Material or information obtained through the Site. User further undertakes to indemnify Palpremium for all loss or damage incurred by Palpremium in relation to any third party claim against Palpremium for infringement of intellectual property rights or usage of Material.

19. No Partnership

Your use of the Site and/or its content creates no partnership, client, fiduciary or other professional relationship.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.

21. Severance

If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

22. No Waiver

No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.

23. Variation

This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. User’s continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

24. Law and Jurisdiction

This Agreement shall be governed by and will be construed in accordance with the laws of India. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Hyderabad and Rangareddy courts.

 

Palpremium Competition Terms and Conditions

These terms are in addition to and should be read in conjunction with the Registered User Terms and Conditions. We regularly run competitions and their details such as time limits and prizes will be set out on the Site.Palpremium runs several Contests and will at its sole discretion consider the Material of the Contestant and in any category or Contest.
  1. Participation is free, no purchase is necessary. However, you may be subject to local call charges from your internet and/or mobile telephone service provider depending upon their own individual arrangements for access to the internet and/or their mobile telephone services
  2. The promoter of the competition is Palpremium Private Limited. Entry into any competition by you evidences your acceptance of these competition terms and conditions. ContestRegistration of guardians is necessary for the Contestants below 18 years of age. THE RULES OF CONTEST AND THE SELECTION OF THE WINNER:- In advance round of Contest, if production costs of show needs to be partially funded by Contestant, then a fee may be charged at that point of time by Palpremium. As the Contestant moves in to subsequent rounds, Palpremium reserves the right to charge fees to cover the cost of show and in case of denial; the Contestant will be disqualified and will not be eligible.
  3. All stage Winners or finalists must be verified and accepted by Palpremium’s designated adjudicator(s) and such adjudicator’s decisions – including without limitation selection of Winners and allocation of prizes – will be final in each case and no correspondence will be entered into.Palpremium will at its sole management decide the panel. This panel will frame the rules of Contest and select the Winners.
  4. Palpremium reserves the right to change, suspend or cancel the competition without specifying reasons and without incurring liability as a result, and to change these terms and conditions and/or the prize by notice on the Site (effective from the date and time of posting).
  5. By entering the competition, you are acknowledging, agreeing and declaring that you are aware that your participation is entirely at your own risk. You hereby waive, surrender and relinquish in favour of Palpremium all claims of any nature and howsoever arising (including as a result of negligence)
  6. By entering the competition, you hereby warrant that all information submitted is true, current and complete. Any Contestant who has supplied incomplete, inaccurate or fraudulent information may be automatically disqualified. We reserve the right to disqualify you if we have reasonable grounds to believe you have breached any of these terms and conditions.
  7. The competition is not open to employees or contractors of Palpremium or any person directly involved in the organization or running of the competition or their immediate family members.
  8. All prizes are non-transferable, non-negotiable and non-refundable and have a cash value of no more than their face value, if any. There are no cash alternatives and Palpremium reserves the right to substitute any prize at any time. The Winners may be provided with an opportunity to work with Palpremium and its affiliated or linked entities for a fixed duration to be mutually agreed between the parties on case to case basis.
  9. Please note that (where applicable) no travel or accommodation or other expenses will be provided, and (where applicable) all taxes, insurances, spending money, and/or other expenses are the sole responsibility of the Winner(s).
  10. The terms and conditions of related third-party supplier or suppliers may apply and must be accepted by the Winner.
  11. The prize(s) on offer in the competition shall be awarded by Palpremium subject to availability and can be replaced with the equivalent
  12. Registered Users may enter and become a Contestant by submitting a short video of less than three (3) minutes. We reserve the right to stipulate or impose a maximum number of videos or uploads per Competitor and to limit the length and format at any time. A registered user can submit multiple Material for the Competition. However, Palpremium reserves its full rights.
  13. From time to time, a number of selected Users will be notified that they have been short-listed and will be invited to have their submission moved to the "Competition" the Winners will be chosen on or after the closing date of the competition. Where further information is requested, the runners-up or the Winner shall have seven (7) days to respond in full to the notification email or an alternative Winner shall be chosen or short-listed.
  14. Winners will be selected by Palpremium and its adjudication process from all valid and accepted Contestants on or after the closing date of the Competition and shall be notified by email. Palpremium reserves the right to use any adjudication process it deems appropriate . Palpremium may also stipulate different levels of the competition, for example auditions, heats and finals as it deems appropriate.
  15. Failure to claim any prize within five (5) days, or in the manner specified, may result in disqualification or selection of an alternate Winner. Palpremium shall not be liable if a prize cannot be accepted or otherwise taken by a Winner for any reason.
  16. All Winners must agree to participate in reasonable post-competition publicity surrounding Palpremium, the Site and related Palpremium events, including the use by and association of the Winner’s name, biographical details, likeness and submitted content with Palpremium, the Site and such related Palpremium events, and grant a further irrevocable licence to Palpremium for making-available of the winning entry or entries via the Site (and related sites and other media) for promotional and marketing purposes for a period of up to three (3) years.
  17. Palpremium reserves the right to deny admittance to any Palpremium (or related) event to any Winner, Contestant, participant or their guest(s) in Palpremium’s sole discretion and without having to give reasons. Palpremium shall have no liability in relation to any such non-admittance to any such event and in any case such Winner, Contestant, participant and guest(s) each agree to abide by the rules posted at such event and the instructions and directions of Palpremium and they further acknowledge that they attend and/or participate at their own risk.
  18. Contestant may be required to enter into further agreements with Palpremium and/or third parties selected by us, including but not limited to management, sponsorship, music or other appropriate companies ("Partner" or "Partners") in order to participate in later stages of any competition.
  19. Should you be selected for the advanced stages of our Competition:-
    • you will represent and promote us and our relevant Partners in a positive light at all times;
    • you will not bring us or any of our Partners into disrepute and not participate in any activities that may be damaging to Palpremium brand or reputation;
    • you will act in our best interests and any of our Partners; you will attend all promotional and marketing events requested by us;
    • We reserve the right, as a condition of participation in the final stage, to require you to enter into other agreements with us or our Partners in respect of performances, services, image, name or likeness (including but not limited to a management, recording or merchandising agreement) and/or other rights, which will become binding for the Overall Winner and will contain an option in our favour for other Competitors in the Finals but not becoming the Overall Winner;
    • You will inform us of your other promotional activities and public appearances and allow us to utilize these for content and media opportunities;
    • to involve us in discussions with future endorsement / contracts from other suppliers to allow us the opportunity to assess what further involvement we wish to have with the promotion of you or any Performance;
    • and that there are no other agreements or arrangements between you and third parties relating to the Content or in respect your performances, services, image, name or likeness (including but not limited to a management, recording or merchandising agreement) and/or other rights, that may interfere with this Agreement.
  20. Winners of the Competition will receive prize amounts in cash or in kind or sign a contract with the media and Palpremium’s affiliated companies or sponsers. However, the value of all such prizes may add up to the value worth of one croreIndian rupees. But the prize amounts specific to the Contest category and the type of Winner will be announced as the Competition advances in to the final rounds.
  21. The Winners in all levels and categories may be required to enter contract with sponsers or affiliates of Palpremium to promote their brands or perform as an artist in the production of our affiliated media or production houses for a period not exceeding twenty four months. Such contracts will have corresponding compensation. However, these contracts shall be binding contracts and forms part of prize monies. Declining of such contracts by the Winner shall tantamount to disqualification and declining of prize money.
  22. At our sole discretion we or our Partners may award other prizes to other Contestants and these will be distributed at our sole discretion. These prizes may also be subject to additional terms and conditions as determined solely by us or our Partner.
  23. Should any Contestant, be in breach of these or our other terms and conditions we may, at our sole discretion, at any time and without notice, suspend and/or withdraw any prize.
  24. We do not condone cheating or tampering with Competitions or results in any way. Should we believe at our sole discretion that there is evidence of cheating and tampering with or improperly influencing the outcome of Competitions by either a Judge or a Contestant(or any person directly or indirectly associated with them) in any form ("Cheating") we may take the following actions:
    • Provide a first warning by suspending the Registered User and/or Contestant and any associated parties from the site for a period of four weeks: and
    • If a second instance of Cheating occurs by the same person or persons associated with that person the Contestant or Registered User and associated parties shall be permanently barred or blocked from registering on the Site: and
    • Any accounts, profiles or IP addresses we believe (at our sole discretion) are directly or indirectly associated with or related to Cheating will also be barred or blocked; and
    • In serious cases, report the matter to the police
    In all circumstances where we believe Cheating has taken place we will not count votes cast by the person or persons cheating.
  25. We have the right at any time to require proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification from the Competition. All personal details and information requested by and supplied to us by each Contestant must be truthful, accurate and in no way misleading. We reserve the right at any time to disqualify any Competitor from the Competition or auditioning process in its sole discretion, should Competitor in the opinion of us be in breach of any term of these Competition Rules and/or should a Competitor at any stage supply untruthful, inaccurate or misleading personal details and / or information, and/or be or have been the subject of any proceedings in respect of any criminal convictions and/or unspent convictions whether prior to and/or during the Competition (other than driving offences which have not resulted in a ban or a more serious sentence).
  26. Where requested by PalpremiumWinners will be required to complete, sign, notarize and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within ten days of receiving confirmation they have won the competition.
  27. Should a Contestant get through advanced stages of any competition and is then approached by the media (including without limitations press, TV, radio, internet agencies), for an interview, statement or other reason any such request shall be forwarded to Palpremium team. Those Contestants will not provide the media with any photographs, images, likenesses, audio and/or audio-visual Material related to them. Any dealing with the media shall be co-ordinated solely by us. Those Contestants are required to inform the media of the above requirements and shall refuse to assist the media in this regard. During the period of the Competition and thereafter, the Contestant or the registered user is neither authorized to represent the Material or its likeliness or its reference to any competitors nor show/exhibit the Material with any form of media including print, on-line, media, television, stage shows or broadcasting etc. The schedule of the Contest and the dates of various events including preliminary or final rounds shall be at the sole discretion of Palpremium.
  28. In the event of a conflict between these Competition terms or the Terms and Conditions the terms of the Registered User Agreement will take precedence over the area of conflict. Definitions are as set out in the Terms and Conditions unless indicated otherwise in this agreement.
  29. If for any reason the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Palpremium reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Competition or any part of the Competition.The competition and these terms and conditions are governed by the laws of India
Annexure
Last Updated: 21 November 2011