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Terms and Conditions: Text

Terms and Conditions

Updated - 10th April 2023

Terms & Conditions

Overall disclaimer for company: Update 10th April 2023

 

Fanory is merely a technology platform and services provider. It does not create, publish or own content. Therefore, Fanory expressly disclaims any liability relating to content on Fanory platform.  

 

Terms of Service for users:

 

Relating to Content

 

You retain your rights to any Content you submit, post or display on or through the Fanory Platform and/or Services. What’s yours is yours — you own your Content (and your incorporated audio, photos and videos are considered part of the Content).

 

By submitting, posting or displaying Content on or through the Fanory Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Fanory to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Fanory, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

 

Fanory has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

 

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Fanory the license described above.

 

You agree to defend, indemnify, and hold harmless Fanory, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.


 

General Terms of Service for Users:

 

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;

  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND

  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE

LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

  • (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);

  • (II) ANY LOSS OF GOODWILL;

  • (III) ANY LOSS OF OPPORTUNITY;

  • (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR

  • (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO FANORY WITHIN THE LAST 12 MONTHS.

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

  • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;

  • ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

  • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

  • YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR

  • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

INTRODUCTION:

Fanory Technology Private Limited (“Fanory”) welcomes you to its website/apps, the website/apps introduce you to its wide range of entertainment products including but not limited to personalized celebrity video messages (shoutouts for occasions), one-to-one video calls, celebrity chats, one-on-one live interaction with celebrity, live broadcast with celebrity, direct line with celebrity, access to celebrity content, games with celebrities, in-app purchasing / e-shopping (“entertainment content”), features, celebrity members, documents, text, graphics, publications, downloads (such as mobile applications), content, tools, forums, resources and other wide range of services (hereinafter collectively referred “content”) on its website/apps. The terms and conditions apply to your access and use of the content made available to you on our website/apps; and create a formal agreement. Please read these terms and conditions (“T&C”) carefully. These T&C constitute a valid and binding obligation enforceable in accordance with its terms.

An individual and/or user and/or celebrity user and/or recipient (“you”, “your”, “user”) accessing the website/apps provides his/her/its details/information during the registration process of the website/apps, represents and warrants as under:

 

1. THE USER/CELEBRITY USER AGE:

 

Use and access to the website/apps is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the website/apps and shall not access or use the website/apps. FANORY reserves the right to terminate use and/ or refuse to provide user with access to the website/apps if it is brought to FANORY’s notice or if it is discovered that such user is under the age of 18 years. User represents and warrants that such user will provide accurate and up to date information while creating an account with FANORY and further agrees to keep the information accurate at all times. User must keep his/her/its account password confidential. 

 

2. USER/CELEBRITY USER CONSENT AND COVENANTS:

The user/celebrity user is legally authorised to enter into this agreement with fanory.

Therefore, the user/celebrity user covenants that:

The user is aware and acknowledges that the T&C govern his/her/its use of the website/apps together with his/her/its use and/or purchase of content.

The user is aware and acknowledges that the T&C include and incorporate the policies and guidelines referenced below and consents to be bound by the terms of use of the entertainment content and/or other content and/or services described and made available on the website/apps.

The user acknowledges that FANORY reserves the right to change and/or revise the T&C at any time by posting any changes or a revised agreement on the website/apps with the date of such change and/or revision and the user consents to be bound by any such revised and/or updated T&C regarding the entertainment content, content and/or services described or made available on the website/apps as per the sole discretion of FANORY.

The user consents to be bound by the T&C regarding the entertainment content and/or other content and/or services described or made available on the website/apps; and/or made available at each log-in; and/or access to the website/apps.

The user covenants that he/she/it has read, understood and agreed to be bound by these T&C , Privacy Policy and Community Guidelines and Content Policy.

 

The user’s consent implies acceptance of the T&C of the entertainment content and/or other content and/or services described or made available on the website/apps thereby creating a binding contract between the user and the FANORY. FANORY encourages the user to review the T&C whenever he/she/it visits the website to ensure that the user understands the T&C governing use of the website/apps and/or entertainment content and/or other content and/or services offered on the website/apps. If the user does not agree to the T&C, the user may immediately terminate use of the website/apps.

 

The user acknowledges that FANORY reserves the right to change and/or revise the T&C at any time by posting any changes or a revised agreement on the website/apps with the date of such change and/or revision and the user consents to be bound by any such revised and/or updated T&C regarding the entertainment content, content and/or services described or made available on the website/apps as per the sole discretion of FANORY

.

The user consents to be bound by the T&C regarding the entertainment content and/or other content and/or services described or made available on the website/apps; and/or made available at each log-in; and/or access to the website/apps.

 

The user’s consent implies acceptance of the T&C of the Entertainment Content and/or other Content and/or services described or made available on the website/apps thereby creating a binding contract between the user and the FANORY. FANORY encourages the user to review the T&C whenever he/she/it visits the website to ensure that the user understands the T&C governing use of the website/apps and/or entertainment content and/or other content and/or services offered on the website/apps. If the user does not agree to the T&C, the user may immediately terminate use of the website/apps

 

3. CONTENT USAGE TERMS:

3.1. Intellectual Property: Copyright, trademarks, trade names, trade dress, layout of website/apps and brand elements, in all content including entertainment content and services made available on and/or associated with the website/apps, is owned by FANORY (with an exception of content aggregated under license contracts and/or created by celebrity users (“celeb content”) under their designated space or based on paid request of a user of the website/apps and/or any third party information/website links made available on the website/apps). All intellectual property (other than licensed content, celeb content and third-party information/website links) including but not limited to entertainment content software, ideas, processes, data, text, media, information, marketing materials and all other content available on FANORY’s website/apps (individually, and collectively, Fanory Content’) are owned by FANORY and/or its subsidiaries, affiliated companies and/or its third-party licensors. Any links provided to third party information/website are provided solely as a convenience to the user. FANORY does not endorse the information/contents regarding/on any such third-party website/celebrity app. FANORY is not responsible for such third-party content/celebrity app content or any damage that may result to the user from the user’s access to or reliance on such third-party/celebrity-app; content/information/website. All access to links to third-party/celebrity-app; content/information/website shall be at the sole risk of the user. Unless otherwise specified, the Fanory content, products and services made available on the website/apps are for the personal use of the user and are for non-commercial use. The user shall not modify, make copies, distribute, sell, rent, assign, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer; create internet “links'' to or from the service and/or products and/or FANORY content; send spam, infringing, unlawful or tortious material, viruses, harmful computer codes/files/programs; transfer or sell any or any part of information, software, services or products or FANORY content obtained from the website/apps without the written permission from FANORY. FANORY shall have an irrevocable, perpetual and world-wide license to use feedback, recommendations, testimonials, suggestions or such other related information provided by its user and/or network of professionals to enhance its goodwill and/or present its service.

3.2. License: The user has a limited, non-exclusive, non-transferable right to access the Fanory content and/or products and/or service information made available on Fanory website/apps. The user is bound by the representation and warranties together with the covenants of the user and the limited non-exclusive license granted by FANORY, as set out in these T&C. The user shall not attempt to gain any unauthorized access to the service or the data contained on the website/apps. The acceptable use of the fanory content and/or products and/or service information made available on  FANORY website/apps shall be limited to the user’s personal purpose. The user is granted a limited, non-exclusive, non-transferable right to use the FANORY content, products, materials and service on the website/apps in connection with the user's normal, non-commercial use of the website/apps. User shall not copy, reproduce, transmit, distribute or create derivative works of FANORY content, or information or intellectual property without written authorization from FANORY or the applicable third-party (if third-party content is at issue).

3.3. User posts: By posting, storing or transmitting any content on the website/apps, the user hereby grants Fanory a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in perpetuity and throughout the world. FANORY does not have the ability to control the nature of the user-generated content offered through the website/apps. The user and/or celebrity usershall be solely responsible for his/her/its interactions with other users of the website/apps and any content such users post. Fanory shall not be liable for any damage or harm resulting from any posts by or interactions between users. FANORY reserves the right, but has no obligation, to monitor interactions between and among users of the website/apps and to remove any content FANORY deems objectionable.

3.4. Content Policy: FANORY prohibits content that is sexually explicit or contains profanity. FANORY restricts the display of nudity because some audiences within our global community may be sensitive to this type of content. FANORY remove users who impersonate any person, or falsely state or otherwise misrepresent affiliation with a person or entity. It prohibits publishing personal information of others without their consent. FANORY does not tolerate bullying or harassment and removes content that appears to purposefully target private individuals with the intention of degrading or shaming them. It prohibits content that promotes or encourages suicide or any other type of self-injury, including self-mutilation and eating disorders. It prohibits making credible threats to public figures, as well as hate speech directed at them – just as we do for private individuals. FANORY prohibits any attempts by private individuals to purchase, sell, or trade prescription drugs, marijuana, firearms or ammunition. FANORY asks that you respect copyrights, trademarks, and other legal and proprietary rights and prohibit any contents which are infringing on the proprietary rights of others. FANORY may remove in its sole and exclusive discretion any content which corresponds with any of the above. It may also block or cancel user or celebrity user accounts of users or celebrity user who have uploaded any prohibited content. If a user or a celebrity user observes any such objectionable/inappropriate content such user or celebrity user may report to FANORY at info@fanory.com. FANORY’s team of reviewers will take necessary action. 

By browsing/using the FANORY website/ and/or apps and/or FANORY content from its website/apps, user and/or celebrity user agrees to be bound by all of the terms and conditions and acknowledge it to be a binding agreement. 

 

4. USER AND/OR CELEBRITY USER ACKNOWLEDGEMENT AND COVENANT, REGARDING, USE OF WEBSITE/APPS/FANORY CONTENT:

4.1. The user and/or celebrity user acknowledges that;

a. FANORY is not responsible for any damages resulting from use of the website/apps/ content by anyone.

b. The website/apps/ content provided by FANORY is intended to merely provide a one stop entertainment platform with a wide range of entertainment content and/or content and/or celeb content to facilitate interactions between users and/or with celebrity users.

c. Each request/message/activity created by the user is a submission under the T&C.

d. Each message from a celebrity user is owned by the celebrity user who created it, and subject to full payment by the user, the user shall have the right to use such message for his/her/its personal, non-commercial and non-promotional use under the agreement.

e. Each piece of Fanory content subscribed to or viewed or requested (paid or otherwise) by the user, shall give the user a right to view such FANORY content for his/her/its personal, non-commercial and non-promotional use under the Agreement.

f. FANORY does not represent or act on behalf of any celebrity user and/or user.

g. Each user and/or celebrity user acts as a principal. FANORY has a limited role of neutrally making available FANORY content and/or facilitating interactions between users inter-se and/or with celebrity users.

h. FANORY is not a guarantor of performance of a user’s product request by/from a celebrity user.

i. FANORY assumes no responsibility over the safety and/or availability and/or quality and/or legality of the FANORY content and/or user requests communicated to celebrity users, received and/or communicated through the website/apps.

j. The user and/or the celebrity user shall not under any circumstances hold FANORY responsible or liable for action and/or omission of either any celebrity user and/or any user.

4.2. The user covenants that the user shall;

a. Not use the FANORY content for illegal purposes.

b. Abide by all applicable local, state, national, and international laws and regulations in his/her/its use of the website/apps/FANORY content (including laws regarding intellectual property).

c. Not interfere with or disrupt the use and enjoyment of the website/apps/ Fanory content by other users.

d. Not resell material on the website/apps.

e. Not engage, directly or indirectly, in transmission of ‘spam’, chain letters, junk mail or any other type of unsolicited communication.

f. Not defame, harass, abuse, or disrupt use/access of other users including celebrity users of the website/apps/FANORY content.

g. Not initiate legal action against FANORY and/or any celebrity user in the event of nonacceptance of user request or non-completion of user request, for any Amsprime content or product either by FANORY or by the celebrity user.

 

4.3. The user and/or celebrity user further covenants that:

a. The user and/or celebrity user shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

  1. belongs to another person and to which user does not have any right to;

  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful inconsistent with or contrary to the laws in force in any manner whatever;

  3. harms minors in any way;

  4. infringes any patent, trademark, copyright, privacy, publicity or other proprietary rights;

  5. violates any law for the time being in force;

  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or which is patently false or misleading in nature but may reasonably be perceived as a fact;

  7. impersonates another person;

  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

  10. intimidates or harasses another, or promotes sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  11. contains material that contains a threat of any kind, including threats of physical violence;

  12. is slanderous or defamatory;

  13. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

  14. interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the FANORY services, including FANORY’s servers, networks or accounts.

 

User and/or celebrity user acknowledges and agrees that the content uploaded is the sole responsibility of such user and/or celebrity user who has uploaded such content and the views expressed are their own. FANORY is not responsible for the content posted by such users or creators, influencers, celebrities. User and/or celebrity user shall be solely responsible for the Content posted, shared, modified, uploaded, transmitted, updated and hosted by you.

5. USERNAME & PASSWORD: 

The user and/or a celebrity user shall register and create an account on the FANORY website/apps. After completion of the registration process, the user and/or the celebrity user shall move to an active environment thereby, having access to the website/apps and products/FANORY content offered on the said website/apps. The user and/or celebrity user agrees to create his/her/its own unique login identity by logging in via his Personal Gmail Account or Personal Mobile Number with OTP Verification that will be used by the said user and/or celebrity user to access the FANORY content and/or services on the Armprime website/apps. The user and/or celebrity user covenants that it shall be his/her/its responsibility to maintain complete security of his/her/its personal login identity, content on the platform and his/her/its respective transactions/requests/activities. The user and/or celebrity user shall be entirely liable for all activities that occur under his/her/its login identity. FANORY shall not be responsible and/or liable for any unauthorized activity under any login identity of the user and/or celebrity user. The user and/or celebrity user shall notify FANORY immediately, of any unauthorized use of any login identity of the user and/or celebrity user and FANORY shall take action that in its discretion is appropriate to address the unauthorized activity. The user and/or celebrity user covenants to access the website/apps and avail FANORY content and/or service and/or products in a secure manner in compliance with T&C adopted by FANORY from time to time.

 

6. FANORY WALLET AND FANORY COINS:

All registered users can enjoy FANORY content in the FANORY website/apps with FANORY coins in the FANORY wallet. It is a virtual wallet where you keep your FANORY Coins to purchase content and directly engage with the celebrities/celebrity users on the website/apps. You can recharge your FANORY wallet through in-app purchase. FANORY coins are not refundable. However, you can use the coins on any of our apps. Once the transaction is done through the apps, there will be no refund in monetary terms. FANORY has the right to transfer coins in its own jurisdiction. For assistance or transactional issues on the website/apps regarding coins you can contact FANORY on info@fanory.com 

 

7. INDEMNIFICATION:

The user and/or celebrity user will indemnify, defend and hold harmless FANORY and its affiliates, directors, officers, members, managers, shareholders, contractors and employees (collectively “FANORY parties”) from and against all claims (including third party claims), actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees), that may at any time be incurred by reason of any claim and/or any claim from any third party arising out of or relating to a breach of this agreement and/or breach of the representations and/or warranties and/or covenants set forth in the T&C by the user and/or celebrity user; any claim from a user arising out of the celebrity user’s response to a user’s request or any claim arising from misuse of the FANORY content/website/apps by user and/or celebrity user; or any claim that is inconsistent with either user or celebrity user’s representations or warranties; or any claim arising out of infringement and/or passing off any intellectual property or other proprietary right of any person or entity by the user and/or celebrity user; or dispute arising out any violation of any provision of these T&C by the user and/or celebrity user; or dispute arising out of any information or data supplied by the user and/or celebrity user (collectively, ‘the Claims’) to FANORY contained under this Agreement. The user and/or celebrity user (“indemnifying party”) will be responsible for defending the claim with legal counsel of FANORY parties (“indemnified party”)’s choice and the indemnified party agree(s) to cooperate with reasonable requests of the indemnifying party in connection with the defence at the cost of the indemnifying party. Indemnified party will have the sole right to approve or reject any compromise, or settlement in resolution of a claim that admits liability or imposes obligations on indemnified party. The terms of this Clause will survive any termination or cancellation of these T&C or the user and/or celebrity user’s use of the website/apps or FANORY Content. 

 

8. LIMITED LIABILITY:

FANORY aggregate liability in tort and contract, arising in connection with the T&C, will not, in any event, exceed the amount paid by the user and/or celebrity user for the FANORY content and/or services purchased on the website/apps during a period one (1) month prior to the occurrence of the incident asserted. FANORY shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with the T&C or the FANORY content in any manner, including liabilities resulting from (1) the use or the inability to use the website/apps or FANORY content or services; (2) the cost of procuring FANORY content or services; (3) content or services purchased or obtained or transactions entered into through the website/apps; or (4) any lost profits alleged by the user and/or celebrity user.

 

9. MEMBERSHIP:

9.1. Membership: The user and/or celebrity user’s membership shall continue until terminated as per clause 10 hereunder. To use FANORY platform the user and/or celebrity user shall need internet access and a device compatible with FANORY website/apps and a valid credit card or an accepted payment method option prompted at the time of procuring membership on the FANORY website/apps.

 

9.2. Subscribe/Unsubscribe: If a user and/or celebrity user decides to opt for the FANORY mailing list, they will receive emails that may include FANORY news, updates, related FANORY content, product or service information, etc. If at any time the user and/or celebrity user chooses to unsubscribe from FANORY’s mailing list, FANORY shall include detailed unsubscribe instructions in the footer of each email and further the user and/or celebrity user may unsubscribe receipt of FANORY news, updates, related product or service information, etc., within the individual account settings. The opt-out procedure must be read along with the terms of the privacy policy.

 

9.3. Billing Cycle. The billing cycle for the account shall be on a fortnight or monthly or annual basis. The user and/or celebrity user authorizes FANORY to renew the subscribed membership for the next billing cycle unless the user and/or celebrity user cancels his/her/its membership before the next billing date. The user and/or celebrity user shall be responsible for paying taxes applicable on the membership sign up and/or purchase and/or subscription of FANORY content.

 

10. TERMINATION:

10.1 The agreement by virtue of the T&C becomes effective on the date any user and/or celebrity user first registers on the website/apps of FANORY, by creating a login identity and agreeing to the terms and conditions / terms of use under the T&C. The agreement shall remain valid until service is provided by app and/or is availed of by the said user and/or celebrity user.

10.2. FANORY reserves the right to terminate any user’s access to the website/apps if it reasonably believes, in its sole discretion, that the user has breached any of the T&C. Following termination, such users will not be permitted to use the website/apps and FANORY may, in its sole discretion and without advance notice to such user, cancel any outstanding orders for FANORY content and/or service. If such user’s access to the website/apps is terminated, FANORY reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the website/apps. These agreed T&C will survive indefinitely unless and until FANORY chooses, in its sole discretion and without advance to the user, to terminate it. 

 

11. FAN BLOCKING:

A creator, influencer, celebrity user can block fans in Live Session if user tries to spam via comments. When a creator or an influencer or a celebrity user blocks someone, such blocked user will be removed from live session immediately and will not be able to join the same live session. If a fan/user is blocked in scheduled live session by the live host, such fan/user will be blocked only for that live session but as soon as a new scheduled live is conducted, the same fan/user can join the live session. If the user is blocked in Free Live Session the user will be blocked for 4 hours duration. 

 

To block someone in Live Session creator, influencer, celebrity user may:

  • Click on the comments of the fan spamming.

  • Click on block user, and the user will be blocked and removed immediately, from the ongoing session.

 

12. DISCLAIMER:

FANORY expressly disclaims that any condition, representation or warranty that access and/or use of the service(s) offered by FANORY shall be error-free, secure and uninterrupted.

 

13. ASSIGNMENT AND SUBCONTRACTING:

The user and/or celebrity user shall not assign his/her/its rights and obligations under this agreement / T&C to anyone. FANORY may assign its rights and obligations under this agreement / T&C in its sole discretion and without advance notice to the user and/or celebrity user.

 

  1. GENERAL:

Unless otherwise specified, any notice or other communication given to FANORY under the agreement / T&C will be in writing and be delivered by hand or by pre-paid first-class post/courier or be sent by email: to the notice address i.e., Attention: Fanory Technology Pvt. Ltd,  , Maharashtra; Email: info@fanory.com.

 

  1. ARBITRATION:

A person who is not a party to the agreement/ T&C has no right under Indian Contract Act, 1872 or under common law to rely upon or enforce any term of this agreement/ T&C. The agreement and any non-contractual obligations arising therefrom, will be governed by the laws of India, notwithstanding, the conflict of laws principle. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act for the time being in force, which rules are deemed to be incorporated by reference in this clause. The arbitral tribunal shall consist of a sole arbitrator appointed by FANORY or in case of disagreement between the parties regarding the choice of such sole arbitrator; the sole-arbitrator shall be appointed by the High Court of Bangalore. The language of arbitration shall be English. The parties agree that the arbitral award may be enforced against the parties to the arbitration proceeding or their assets wherever they may be found, and that a court ruling upon enforcement of the arbitral award may be entered in any court having jurisdiction. The foregoing will be without prejudice to FANORY’s exclusive right to refer any dispute to the courts for resolution where necessary to preserve the subject matter of the action by way of injunctive or declaratory proceedings.

 

  1. FORCE MAJEURE: 

Under no circumstances will FANORY be liable for any delay or failure in performance due in whole or in part to any acts of God; earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, state emergencies, state announced public health lockdowns or any other event or cause beyond the reasonable control of FANORY.

 

  1. GOVERNING LAW & JURISDICTION:

These Terms shall be governed by and construed in accordance with the laws of India. Subject to Clause 8.2, the courts at Mumbai, India shall have the jurisdiction over disputes arising out of the agreement/T&C.

 

  1. SEVERABILITY: 

If any provision of the agreement/T&C is unlawful or unenforceable under any present or future applicable law, it will, to the extent permitted by such law, be severed without affecting the validity of the other provisions. Without prejudice to the foregoing, user/celebrity user and FANORY hereto shall mutually agree to provide a legal, valid and enforceable provision as similar in terms and effect to such illegal, invalid or unenforceable provision as may be possible.

 

  1. NO WAIVER: 

FANORY’s failure to enforce any right or provision of the agreement/T&C will not prevent FANORY from enforcing such right or provision in the future and will not be deemed to modify the agreement/T&C.

 

  1. MISCELLANEOUS: 

The term “including” in this agreement/T&C will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these terms. The governing language of this agreement shall be English. Translations of these T&C shall be non-binding. All communications with respect to these T&C shall be in the English language.

  1. Coin Expiry Policy    ​​As per the policy updated on 1st April 2023 , Fanory reserves the right to expire the coins of the wallet which has not been used for more than 365 days. Example if any fan hasn't logged in to his wallet account for more than 365 days then his coins would expired and wallet would be marked as dormant. Please note that wallet can be reactivated using the same email id / mobile number but the coins would be marked as consumed and would be expired.

  1. SUPPORT:

 

  1. Grievance Redressal regarding site or services:

FANORY will require complete and accurate information/details to be able to address any grievances/issues raised by the user/complainant. In the event, FANORY requests additional details/information from the user/complainant, the same must be provided by the user/complainant to FANORY within 36 hours of such request being made by FANORY, failing which the grievance will be deemed dismissed. The prescribed timeline of 15 days for redressal of grievance will commence from the date of receipt of complete details/information on the correct email ID and in the prescribed format. FANORY shall send clear e-mail correspondence regarding the commencement of 15 days of grievance redressal time-line upon receipt of all necessary information from the user/complainant. The user/complainant must furnish the following details in his/her/its email or letter:

 

  1. Date;

  2. Address to the appropriate officer;

  3. Subject “Privacy Grievance”;

  4. Reference to the grievance;

In the body of the e-mail or letter please mention:

  1. Name of user/complainant;

  2. User Id of the user/complainant (User must NOT share password. fanory shall never seek password details from the user/complainant);

  3. Title of content;

  4. Nature of grievance;

  5. Time duration of content in respect of which the grievance is being filed (00 minutes to 00 minutes);

  6. Details of law and rules, complainant believes to have been violated;

  7. Details of ancillary complaints (if any) made by the user/complainant; and

  8. Relief sought.

 

User or celebrity user who wishes to complain about FANORY’s services / the use of FANORY’s services by others, such user may please contact our Resident Grievance Officer, whose details are as follows:

 

Name:  Azim Lalani

Designation: Resident Grievance Officer

Email ID: azim@fanory.com

FANORY shall endeavour to redress the complaint within one month from the date of receipt of the complaint.

For claims related to copyright infringement, please see our report copyright infringement page at Copyright.

Takedown requests may also be made by writing to us at grivance@fanory.com with relevant supporting facts.

The details of our Chief Compliance Officer for compliance with the Information Technology, 2000 and the Rules made thereunder are below:

Name: Saurabh K

Designation: Chief Compliance Officer

Email ID: saurabh@fanory.com

The details of our Nodal Contact Person for coordination with law enforcement agencies and officers are below:

Name: Saurabh K

Designation: Nodal Officer 

Email ID: saurabh@fanory.com

For any further grievance related issues, you may contact saurabh@fanory.com

If there are any questions regarding these terms and conditions, you may contact us using the information below:

 

Fanory Technology Pvt. Ltd.

 

Email: info@fanory.com.

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms for access or usage of the Platform.

 

I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same.

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