Terms of Use

  1. Introduction

    • This is an Electronic Generated Document under Terms of Information Technology Act, 2000 and Rules made thereunder and doesn’t require any physical or digital signature.
    • This Document is published in accordance with the provisions of Rules 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires publishing the Rules and Regulations, Privacy Policy and Terms of Use for Access or Use of “Clout Media” Website.
    • www.cminfluencer.com is a Sole Proprietorship, under Goods and Services Act 2016 with its registered office located at House No. 3599, Jain Nagar, Karala, Kanjhawala, North West Delhi, Delhi-110081. Clout Media is an online platform for exhibiting various campaigns for brands, which are tied up with the company through which, as an influencer, you can participate in such promotional campaigns.
    • For the purpose of given Terms of Use, the term “Influencer” shall mean an Indian Citizen who resides in India and works for social media channels including Instagram to promote various brands through showcasing their campaigns.
  2. Acceptance of Terms

    We want you as an “Influencer” to read all the Terms and Conditions carefully before you use our website. By accessing, browsing & using our website, you are agreeing to these terms and conditions and thus clinching a legally binding contract with Clout Media. By clearly accepting these terms and conditions, you are also accepting our policies and agreeing all the points mentioned in our Privacy Policy, which may be amended from time to time.

    Clout Media reserves Rights, at its sole discretion to change, modify, add or remove all or any part of these Terms and Conditions, at any time without any prior notice. It is solely your responsibility to review these terms and conditions periodically for any changes or updates. If you continue using our website after posting any changes to our terms and conditions, this shall mean that you accept and agree to the revisions.

  3. Eligibility for Membership

    Our website can only be used by persons who can enter into legally binding contracts under the Indian Contract Act, 1872 and obey all the clauses given in the contract till it expires. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the website. Any person below 18 years shall not register on our website. If a minor wishes to use our website, his/her guardian or parents can register on our website on his/her behalf. Clout Media reserves rights to terminate any person’s membership or refuse any person to use our website, if he/she found ineligible to use our website and work with us.

  4. Register with “Clout Media”

    For unregistered users, our website allows very limited and restricted access. In order to use and access our website, one has to register with us by furnishing certain information including a valid e-mail ID. While registering at Clout Media, you shall not:

    • Create an account for anyone other than yourself, unless such person’s prior permission has been obtained,
    • Use an account, which is in the name of another person with the intent to impersonate that person,
    • Use a name for the account, which has a name that is otherwise offensive, vulgar or obscene or otherwise unlawful,
    • Create more than one account on the website.

    While using our website, you shall be responsible in managing your account and maintaining security of your password. We and our partners are not liable for any harm caused by or related to the theft of your ID, disclosure of your account or account information by you or your authorization to allow another person to access and use our website through an account. In case, you found any unauthorized access to your account, you can report the same to us. We will send our response to your e-mail that is used during sign-up. You shall ensure that you log out from your account after using it.

    You shall also ensure that the account information, which you have provided during account registration process, is complete, accurate and up-to-date. In case, you wish to update your account details, you can do so by visiting “Edit Profile” section on our website. In addition to this, if you want to delete your account from our website, you can request for the same by writing to us at info@cminfluencer.com.

  5. Use of the Website

    While using our website, you agree to our terms that you shall not host, display, upload, modify, publish, transmit, update or share any information that:

    • Information that belongs to another person or entity and to which you don’t have any right.
    • Information that is extremely harassing, harmful, defamatory, blasphemous, pornographic, obscene, invasive, libellous of another person’s privacy, hateful or racially or ethnically objectionable or encouraging money laundering or gambling, or misleading in any way or otherwise unlawful in any manner whatsoever.
    • Information that involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
    • Information that provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.
    • Information that tries to gain unauthorized access or exceeds the scope of authorized access to the website or to blogs, profiles, communities, bulletins, account information or other areas of the website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the website.
    • Information that engages in commercial activities using the website without Clout Media’s prior written consent.
    • Information that refers to any website or URL that, in Clout Media’s sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these terms.
    • Information that deceives or misleads the addressee/users about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature.
    • Information that contains software viruses, malwares or any other computer codes, files or programs designed for harming, interrupting or destroying the functionality of computer resources or trojan horses or other computer programming routines that may damage or steal any personal data.

    You shall not be permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from our website.

  6. Intellectual Property Rights

    Intellectual Property is a group of legal rights to works created or invented by people. Intellectual property rights typically include – trademark, copyright and trade secret rights, as well as the right to use someone’s image, likeness, name or voice. Examples include – videos, photographs, music (including lyrics), trademarks/logos, brand names or brand packaging, personal names, quotes, writings, etc. You should never post or share any content including these elements without obtaining written permission from a third party who owns the rights, otherwise it would constitute a violation or infringement of their intellectual property.

    • Work Product: As an ‘influencer’, you shall perform the services and create any work product hereunder for Clout Media as a ‘work made for hire’ according to Indian Copyright Law. And such work product including all trademarks, copyrights and other intellectual property rights embody therein shall be owned exclusively by Clout Media. In the event any portion of the work product is not considered ‘work made for hire’ or as otherwise necessary to ensure full ownership of the work product by Clout Media, you as a influencer hereby assigns to Clout Media all right, title and interest and to such work product. You will sign any additional documents that may be reasonably necessary to effect such assignment.
    • Intellectual Property Rights: No license or other right of any kind shall be granted by Clout Media to influencer. You are not liable to use Clout Media’s trademarks, copyrights, trade names or other intellectual property in any way except to the limited extent as may be expressly agreed in the Terms and Conditions.
    • Influencer’s Content and Attributes: As an “Influencer”, you give worldwide and irrevocable right and permission to Clout Media and Client to use any work product or other photo, video, written or verbal content, which you share or provide related to the services in any manner, whole or in part and for any purpose through websites of Clout Media or Client, social media, print media or any other form of media. Any statements, posts and/or feedback given by you at social media platforms, may be amplified, paraphrased, shortened and/or put into conversational form by Clout Media or Client and you may be contacted for the same.
  7. Payment

    Once you successfully complete a promotional activity and we posted the same on our website, Clout Media shall pay you the fees as may be indicated to you. Clout Media reserves all rights to change, modify or withdraw fees at its sole discretion. In order to receive payments towards your successful participation in campaigns, you have to raise an invoice within 30 days of your promotional activity posted on the website. You may also be required to provide required information or documents in order to process the payment.

    If you raise an invoice after 30 day time period, you hereby agree to waive your right to receive payments for the promotional activity carried out that particular campaign. Clout Media shall not be held responsible for your failure to comply with this Clause. Within a period of 20 days or further period as may be required by Clout Media, the invoiced amount shall be disbursed to your bank account as per details given by you. Clout Media shall not be responsible, if there is a mistake in your account number given by you. All payments made by Clout Media shall be subjected to tax liability and other deductions as per the applicable laws in India.

  8. Representations and Warranties; Indemnity

    Influencer represents and warrants that:

    • As an influencer, you have the right to assign the work product to Clout Media as mention in Point 6.1.
    • The work product and other Client-Related Content will be original and will not infringe upon any trademark, copyright, right of publicity or privacy, or any other proprietary or other right of any person, whether common law, statutory or contractual.
    • Your services shall be promptly rendered with due care and shall be of superior quality.
    • During the period of these Terms, you shall not render any services of any kind directly or indirectly to other companies.
    • You are not liable to commit any act, which brings Clout Media into public disrepute, scandal, contempt or ridicule or which offends or insults the general community to which Clout Media’s advertising materials are directed, or which might tend to harm Clout Media or any of Clout Media’s or Client’s products & services.
    • You agree that time is of the essence in connection with these Terms and all deadlines provided by Clout Media.

    As an influencer, you agree to indemnify, defend and hold harmless Clout Media, Client and their respective directors, officers, agents, employees and business partners, from and against any third party costs or debt, liabilities, losses, obligations, damages, claims and expenses

  9. Limitation of Liability

    As an “Influencer” you hereby acknowledge that Clout Media shall not be held liable for any consequential, special, incidental and exemplary or punitive damages or loss of profit or revenues. Clout Media will also not take any liability under any circumstances for damages arising due to your inability to access our website because of bugs, viruses, trojan horses, etc., which may be transmitted to or through the website by any third party. We also don’t take any liability for loss of your data or content, if you failed to keep your account details including password confidential. Furthermore, Clout Media is not liable for any action taken against you by the brand owners as a result of any breach of these Terms or any brand guidelines issues by the respective brand owners.

  10. Links to Third Party Websites

    Our website may contain certain links and interactive functionality of the websites of third parties. Clout Media, in any case, is not responsible for the actions, functionality, inactions, privacy settings, terms, privacy policies or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Clout Media strongly recommends you to review and understand the terms and conditions, privacy policies, settings and information-sharing functions of such third party website.

  11. Feedback and Agreement to Receive E-mails

    Clout Media may allow you to post your “Reviews” and “Experiences” on our website in order to improve the website under applicable law. You will be solely responsible for the Reviews that you upload, post, publish and transmit on the website. You acknowledge that Clout Media is not responsible or liable for any Reviews. Clout Media reserves the rights to disable Reviews on the website at any time and under any circumstances.

    Once you accept our Terms and Conditions, you accept the terms of receiving E-mails and Newsletters from Clout Media for better communication.

  12. Term and Termination

    Term: The initial term of these Terms shall commence on the Effective Data and continue in full force and effect until terminated as set forth herein or until completion of all services specified in the Terms and Conditions, whichever is sooner.

    Termination: Clout Media may terminate these Terms without any prior information under circumstances: (i) immediately in the event of a material breach by influencer or (ii) for convenience at any time. After termination, influencer must return any materials supplied under work product.

  13. Privacy Policy

    As mentioned in the Privacy Policy, Clout Media will keep all information of influencers confidential and shall not disclose it to anyone except as required by law. We will also ensure confidential information is protected with security measures and a degree of care that it would apply to confidential information of Clout Media. We acknowledge that our employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. We shall use all reasonable endeavours to ensure that our employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of privacy.

  14. Disclaimer of Warranties

    The website with all information, content, materials and services included made available to you through Internet by Clout Media on “As Available” basis without representations or warranties of any kind. Clout Media makes no representations or warranties of any kind, express or implied as to the operation of the website, the accuracy or completeness of the contents and the accuracy of the information. Clout Media shall have no responsibility for any damage to your computer system or loss of data that results from downloading any content, material, document or information. To the full extent permitted by law, Clout Media disclaims any and all representations and warranties with respect to the website and its content, whether express or implied, including, without limitation, warranties of title, merchantability and fitness for a particular purpose or use.

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