Shout Out - Operator of Online Digital marketplace
Welcome to celeb.me, the online marketplace platform which connects celebrities with their fans through personalised videos. Before you start enjoying our platform we have to set out the rules which will govern celeb.me’ relationship with you. We have done our best to make them as easy to understand as possible but if you have any questions at all, feel free to contact us at [email protected]
In these terms and conditions (together with the documents referred to in them) (the Terms), we’ll refer to our Website, which refers to all our sites located at or accessible through www.celeb.me.co.uk, and our Progressive Web Application, which is accessible via our Website on desktop and mobile devices, together as our Platform. References to our Website include our owned sites, but do not include links to third-party sites, such as the sites of our partners.
These Terms govern your relationship with us when you access our Platform, so please make sure to read them carefully before you start accessing the Platform. Once you start using our Platform you are taken to have understood and accepted these Terms. These Terms will form a binding agreement between you and us so if you have any questions, please let us know.
At celeb.me, you are either a person or organization looking to purchase a personalised video directly from a celebrity, or a related service which we make available via the Platform (the Customer) or you are a celebrity providing personalised videos to Customers (the Talent). If we are talking about Customers and Talent together, we will refer to you collectively in these Terms as Users. When we talk about you as a Customer, you are a customer of the Talent, and so when you make a purchase on celeb.me, you are transacting directly with the Talent rather than with celeb.me. celeb.me is a marketplace product and so acts as an intermediary between Customers and Talent.
We refer to all videos purchased and provided using our Platform as celeb.me Videos. Certain celeb.me Videos may also be celeb.me Marketing Videos, which are separately subject to the celeb.me Marketing Videos section of these Terms.
WHO WE ARE
We are Xperlink Limited, trading as celeb.me, a company incorporated and registered in England and Wales with company number 7352825. Our normal place of business is at Lark House, Bath, BA3 4PX, United Kingdom (referred to as celeb.me, we, our and us). Thank you for using our service.
OTHER APPLICABLE TERMS
CHANGES TO THESE TERMS
We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Platform. If we make significant changes to these Terms or to the services within the Platform, we will let you know what these significant changes are and you may contact us at [email protected] if you have queries regarding these significant changes.
We don’t expect you to check these Terms every time you use our Platform but equally, we don’t want to bombard you with every little update. We just ask that you check this page from time to time to take notice of any changes we have made. This is important because by continuing to use any of the Platform after changes are made, you are accepting those changes and will be bound by them.
Our Platform is structured so that you are able to access it via any compatible device of your choosing, whether on desktop, mobile or tablet.
When you reach our Platform, you can use it in the following ways:
- to create a personal account and upload information to your profile;
- as a Customer, to search for and make requests to Talent for celeb.me Video(s) in accordance with these terms and the booking instructions set out on the Platform (Requests);
- as Talent, to accept or refuse requests for celeb.me Videos, and if accepted, to provide celeb.me Videos when once they have been purchased by the relevant Customer in accordance with these terms and the instructions set out on the Platform;
- send direct messages to other Users;
- view and engage with Content (which means any audio, video (including without limitation, celeb.me Videos and pre-recorded or promotional versions of celeb.me Videos), text, images, trademarks, logos or other content which may be made available to you by us and may sometimes include content which is owned or controlled by third parties which we are permitted to make available to you);
- receive notifications via push notifications, emails, SMS and when using the Platform. These messages may include information about your account, Content, our community, new publicly available pre-recorded celeb.me Videos and general product information. You can control your preferences from your settings or by communicating with us directly if changes using your settings are unavailable;
- subscribe to our mailing list(s);
- connect to third party sites linked on our Platform;
- purchase merchandise when made available;
- click on links to our social media channels, such as on Facebook and Instagram;
- access customer support from our support team; and
- access our legal and data protection policies.
The list above is not necessarily a complete list of the functions of the Platform and we may decide to offer additional functions, or stop providing any Platform functions, at any time.
TALENT VETTING: QUALITY CHECKS
OUR ROLE AS A MARKETPLACE PLATFORM
Our Platform exists principally as a marketplace to enable Customers to purchase celeb.me Videos from Talent. We are an intermediary, facilitating transactions between our Users, and we take a commission of 25% from sales made by Talent to Customers on our Platform (Commission). We display Talent profiles to Customers, who can browse purchasing opportunities on the Platform and make Requests to Talent, and ultimately make purchases.
However, once a Request between a Customer and Talent is made and a booking process is initiated, our involvement is limited to our obligations as set out in these Terms and anything beyond these obligations is beyond our reasonable control. When a Customer makes an advanced purchase of a celeb.me Video with Talent, both parties acknowledge that they form a contract between them which celeb.me is not a party to. celeb.me cannot guarantee the performance by Talent of its obligations to provide a celeb.me Video, or that the celeb.me Video will conform to the Customer’s preferences when the Request was sent. celeb.me holds no liability to Users beyond what is stated in these Terms.
Equally, we will use our reasonable efforts to mediate resolutions to legitimate issues when they arise – for example if a Customer has paid for a celeb.me Video, but the Talent has not delivered it within agreed timeframes. Procedures for complaints and refunds are clearly set out in these Terms. If Users wish to make claims of any nature or any form of claim beyond the remit of the celeb.me complaints system, then any such claim must be made off the Platform with the relevant competent authorities. celeb.me is not and will not be at any time a party to the contract between a Customer and Talent that is concluded via the Platform (for example where a Request for a celeb.me Video is made by a User and accepted by Talent) or otherwise executed directly between Talent and a Customer during or after their use of the Platform.
For Customer Users
To make Requests and purchase celeb.me Videos using the Platform, you will have to sign up to create an account. Before creating an account, you will be able to browse the Platform, for example reviewing Talent profiles, pricing options and packages.
You can create an account by signing in using one of the provided social media log-ins (where available) or by providing your full name; email, mobile phone number; date of birth (if you are an individual), payment card details and billing address. We require your date of birth to confirm you are legally able to use our service – you must be at least 16 years old to register with us. However, if you are under 18 years old, you will be required to confirm that you have your parent or guardian’s permission to register and in the case of Talent, upload Content to the Platform.
celeb.me does not take responsibility for the email addresses entered by customers as part of the Refer a Friend scheme.
For All Users
After registering, Users can sign into our Platform using their email address and password provided. By signing up with us you agree to any applicable terms of the service, including these Terms. We may remove any User from our Platform at any time if we determine such removal necessary. Please note that, if you are Talent, we reserve the right to temporarily remove your profile information from the Platform if we believe it is appropriate or necessary to do so (for example if it infringes someone’s intellectual property or impersonates another user).
By registering with us, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information which we reasonably request (collectively, Registration Information), and maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your celeb.me account and your use of our Platform. You agree not to create an account using a false identity or providing false information, on behalf of another person (except as outlined below for a parent or legal guardian and Organisations), or if you (and your parent or legal guardian, or an Organisation, if applicable) have previously been removed or banned from our Platform. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur on or in connection with your account and you agree to notify us immediately of any unauthorised access or use of your account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorised access to or use of your account.
Additional Registration Conditions
By registering with us, you represent and warrant that:
- you are at least 16 years old;
- if you are between 16 and 18 years old, you are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms;
- you are of legal age to form a binding contract;
- you are (and if you are between 16 and 18 years old, your parent or legal guardian is) not banned from using our Platform either by reason of your interactions with us or the laws of the United Kingdom or any other applicable jurisdiction where you are resident;
- you are (and if you are between 16 and 18 years old, your parent or legal guardian is) responsible for complying with all applicable laws and regulations relating to your applicable form of participation on our Platform and will fully indemnify us for any failure to do so.
Our Platform is only available to individuals, whether Customers or Talent, for registration. However, we may enter into commercial arrangements with management companies, managers, agencies, agents, PR managers, or other individuals or organisations working with or on behalf of Talent (each, an Organisation) to arrange for the Talent which they work with or represent (Represented Talent) to register on the Platform. Any such arrangements, including revenue share arrangements, will be subject to separate commercial terms, but any subsequent registrations with us by Represented Talent must abide at all times by these Terms. All Talent agree that no other commercial arrangements in place will reduce or negate their responsibilities and obligations under these Terms.
If you are an Organisation that would like your Represented Talent to register with us, please contact [email protected]
Customers may make Requests to Talent for celeb.me Videos using our Platform.
celeb.me Video Rights and Ownership
Talent owns each celeb.me Video created and provided to Customers through celeb.me, and is entirely responsible for its content. Once created via the celeb.me dashboard, the celeb.me watermark will appear on all video content on the Platform, and Talent may not remove the celeb.me watermark from the file uploaded and delivered through our Platform.
Once a celeb.me Video has been delivered to a Customer, the Customer has a limited licence to watch, use and share the video. Generally, Customers may view, access and share celeb.me Videos or other Content solely for their own personal, non-commercial, and non-promotional purposes, subject to these Terms. Customers may never sell, re-sell, or encumber the rights in any celeb.me Video. Customers may and are encouraged to share celeb.me Videos on social media platforms or send them to people by private messages for personal, non-commercial, and non-promotional purposes as set forth above, again, subject to these Terms and in particular the celeb.me Marketing Videos section. Customers are not permitted to edit any celeb.me Videos, and may never remove the celeb.me watermark from them.
Talent grants celeb.me a worldwide, non-exclusive, royalty-free, irrevocable licence (Licence) to freely use, reproduce, distribute and display each celeb.me Video for marketing and promotion of its business, including without limitation on its social media or other marketing or other commercial channels existing from time to time. Any arrangement relating to resale or further commercialisation by us of celeb.me’ Videos owned by Talent and licenced to celeb.me will require explicit written consent of the Talent and a separate legal agreement. However, it will be at celeb.me’ sole discretion if, where and/or for how long a celeb.me Video features on the Platform. For the avoidance of doubt, this Licence includes an equivalent licence of the Talent’s image as shown in the celeb.me Video for the sole purposes of using, reproducing, distributing and displaying the applicable celeb.me Videos in the manner intended by the above licence. This Licence continues perpetually including after the applicable Talent is no longer registered on the Platform, and once a celeb.me Video has been posted, we will not be required to seek Talent’s further prior consent to use it in accordance with the Licence granted. We may use clipped parts of celeb.me Videos for the purposes of creating montages or similar promotional materials for celeb.me, so long as those clipped parts do not distort or misrepresent the message being conveyed by the Talent.
In all cases, all Users may use a celeb.me Video only in accordance with these Terms. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a celeb.me Video from our Platform at any time for any reason without any notice to you.
Other than celeb.me Videos, we unreservedly own the intellectual property rights in all other aspects of the Content and of the Platform generally.
celeb.me Video Format
Each celeb.me Video should follow the general directions and requests set out by the Customer in their Request (for example, ‘birthday message’, ‘get well soon’, ‘good luck’ and so on).
Talent will have sole discretion over the script and content of any celeb.me Video, except that as Talent, you agree: (i) you will use your name (please introduce yourself), the Customer’s name, and the name of any third party that the Customer identifies as a recipient (Recipient) in each celeb.me Video (if applicable), unless otherwise requested by the Customer; and (ii) you will not state in the celeb.me Video that the celeb.me Video is incomplete or cannot be completed. As Talent, your response to the Customer’s request is your responsibility and at your discretion, subject to these Terms. However, Customers are usually happiest when at least the majority of their request is followed by Talent, and where none of the content of the Request is adhered to, the User may have a right to claim a refund from you. If you complete a celeb.me Video but do not follow the general directions and requests of the Customer, we will discuss an appropriate solution with you, which may include re-doing the celeb.me Video or refunding all or part of the sums paid for it.
Talent’s contractual relationship in respect of each celeb.me Video is with the Customer, but each of the Talent and the Customer hereby appoints celeb.me to adjudicate on any disagreement and rule on what next steps should be (provided the disagreement is not suitable for referral to external legal authorities). Both Talent and Customers agree that such adjudication will be final and contractually binding.
celeb.me do not vet or verify celeb.me Videos once they have been created and uploaded by Talent. Once a Talent uploads a celeb.me Video, it is delivered straight to the Customer. As a marketplace, we are not able to moderate content in real time, but please refer to our complaints procedure if applicable.
Please note that the general principle in the vast majority of cases is that payments made when making requests are non-refundable, and not subject to any remedy if a Customer for any reason feels disappointed with the celeb.me Video which has been delivered. A Customer complaint is only valid where they can identify that there has been a material breach of these Terms in the delivery of the celeb.me Video. Customers accept that Talent retains full discretion as to the manner in which they deliver content.
Where upon investigating we determine that a refund would be an appropriate remedy, we will require that the Talent processes the refund to the Customer, which will also include any Commission to be taken by celeb.me. All Talent agree that they will be required to abide by our instructions following any such adjudication, and any failure to do so will be a material breach of these terms. Notices in such complaints and adjudication processes will be sent by email.
Please refer to the section entitled ‘Interaction and Reporting’ for more information.
celeb.me MARKETING VIDEOS
celeb.me grants Talent the right and option to offer celeb.me Videos to Customers for marketing or general commercial purposes (celeb.me Marketing Videos). celeb.me Marketing Videos are still celeb.me Videos for the purpose of these Terms, including without limitation in respect of Commissions due to celeb.me and cancellations, except that this section provides certain exceptions to enable celeb.me Marketing Videos to be used for specific commercial purposes.
Businesses or Organisations purchasing celeb.me Marketing Videos
celeb.me Marketing Videos may be purchased on celeb.me from Talent by Customers who are businesses (whether through a sole trader or registered company) or who are other non-individual organisations to use for the marketing or other commercial furtherance of its brand or cause (each a Brand). Any such purchase by a Brand is subject to each individual Talent’s discretion as to (a) whether to offer celeb.me Marketing Videos, and (b) whether to accept the request from the specific Organisation for the specific celeb.me Marketing Video.
Each Brand submitting a Request for a celeb.me Marketing Video must provide the information set out on the Platform to successfully submit the Request. This may include, without limitation, the Brand name, the type of goods and/or services offered by the Brand, and any specific products and/or services which the Brand wants the Talent to mention. Each Brand or Customer operating a Brand agree to further respond to any queries relating to the Brand from celeb.me and/or Talent and only provide accurate, truthful information in doing so. Each Brand acknowledges that failure to do so may result in financial liability in damages or injunctive relief in favour of the applicable Talent and/or celeb.me.
Talent Process for celeb.me Marketing Videos
Once a Customer submits a Request for a celeb.me Marketing Video in accordance with these Terms, a member of the celeb.me team will pass on the Request to the individual specified by the Talent within the Talent Dashboard (which may be the Talent themselves or an agent or representative). The relevant individual may then negotiate the specific terms with the Customer by email, and Talent agrees and undertakes to copy (or to instruct representatives to copy) celeb.me in all such correspondence. Once terms have been agreed between the Talent and Customer, we will create a custom order on the Platform reflecting the agreed pricing and video instructions, after which the Customer will be required to complete the order by making the agreed payment through the Platform. The Talent will then be required to follow the same acceptance process through the Platform as set out in these Terms. All celeb.me Videos terms apply equally to celeb.me Marketing Videos, and all Commission which is due to celeb.me will be deducted before final payment is released to the Talent.
Rights over celeb.me Marketing Videos
Subject to full payment for the celeb.me Marketing Video via the Platform, the Talent grants to you, a non-exclusive, commercial, worldwide, revocable, royalty-free licence to use, reproduce, distribute, and publicly share, display and promote the celeb.me Marketing Video on your Brand’s wholly-owned website(s) and social media accounts, for the sole purpose of marketing the celeb.me Marketing Video for your Brand’s reasonable and good faith commercial purposes. Such licence shall last for a period of 90 days from the date you receive the celeb.me Marketing Video or such longer period as is consented to and agreed by the Talent and celeb.me.
Customers and Brands are not entitled to use or publish edited versions of celeb.me Marketing Videos without the explicit written consent of the applicable Talent.
Customers and Brands are not entitled to sublicense all such rights without the explicit consent of the applicable Talent and celeb.me, including without limitation to commercial partners, news websites and subsidiaries of the applicable Brand.
Brand Representations and Warranties
In respect of all celeb.me Marketing Videos, all Customers and Brands represent and warrant that:
- all information provided to Talent and/or celeb.me in making a Request for a celeb.me Marketing Video or otherwise is truthful and accurate in all respects;
- no material information which may reasonably impact Talent’s decision as to whether or not to accept a Request has been provided (including without limitation relating to political or religious aspects or leanings of the Brand, ongoing public disputes, reason(s) why a particular Talent is suitable, or target audience of the particular message);
- you and your Brand will comply with all applicable rules and laws, including but not limited to the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing;
- you and your Brand will not to act in a way that is misleading, harmful and/or offensive in any way;
- on and outside the Platform, you will always make clear upfront that the content of any celeb.me Marketing Video which you share or promote is advertising in accordance with UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, and the rules of all applicable social media platforms where you share or promote the celeb.me Marketing Video(s); and
- you and your Brand will comply with the rules of the Advertising Standards Authority in respect of all exploitation of your celeb.me Marketing Video licence;
- you have all rights and legal authority required on behalf of the Brand to agree to these Terms on behalf of the Brand, to make a Request and corresponding payment(s) for celeb.me Marketing Video(s), including all rights to use the Brand’s intellectual property rights (such as trade marks and copyrights) in celeb.me Marketing Videos.
Please contact as us [email protected] for any queries relating to celeb.me Marketing Videos, including where you would like to extend the term of a licence, or make edits to a celeb.me Marketing Video. As with all celeb.me Videos, celeb.me is not responsible and does not control the content, message or any aspect of celeb.me Marketing Videos and is an intermediary only in the relevant transaction.
REQUESTS, PAYMENTS AND DELIVERY
Requests and Delivery Process
Customers can make Requests to Talent for celeb.me Videos using the Platform. Requests can be made by each Talent’s profile page on the Platform.
When making a Request, the Customer is prompted to provide certain additional information, asking the Talent to tailor the celeb.me Video for them, or for their nominated Recipient. The Talent will only be aware of and be able to view what you have clearly requested at this point in the process, and a Request will not be editable after it has been submitted. Provisional payment is made at the point that the Request is made via Stripe, subject to the Talent delivering the celeb.me Video to the Customer within the times specified in these Terms.
Once a Request has been made, the Talent will have up to five days (or such other time as we specify from time to time, including where we adjust this time on a case by case basis) to accept and fulfil the Request, or refuse it (the Request Period). If the celeb.me Video is not sent to the Customer within the Request Period, the order is automatically cancelled and the payment will not be processed, and the payment amount will be returned to the Customer. The payment will only be irrevocably charged to the Customer once the Talent has sent the celeb.me Video to the Customer. Once a Request has expired, it can no longer be fulfilled. The Customer may choose to re-submit it at its discretion though.
celeb.me may, if it deems it appropriate or necessary, cancel or remove a Request before the expiry of the Request Period, if for example we determine the Request to contain inappropriate or offensive content. Any User uploading anything which could in any way be determined to be offensive or inappropriate may be removed and banned from using the Platform at our discretion, and in certain circumstances may be referred to criminal authorities.
Once a celeb.me Video has been delivered, payment is released automatically to the Talent’s nominated bank account in accordance with Stripe’s standard conditions on payment processing and delivery, less all Commission or other sums due to celeb.me as communicated on the Platform.
Please note that if an individual Talent refuses more than 5 requests, then we reserve the right to remove the Talent from the Platform, or to make such enquiries as we deem necessary to help reduce the number of refusals by that individual Talent.
Users agree that they will act at all times in good faith towards celeb.me, and not attempt to circumvent celeb.me at any point during the booking process. We reserve the right at all times to: (1) suspend or delete a User’s account; (2) make note of the User’s actions on the User’s profile on the Platform in a manner we deem appropriate, and/or (3) take any other action as we deem appropriate in the circumstances.
All payments will be made via Stripe, our third-party payment collection agent (the Payment Service). You may use all major debit and credit cards, Apple Pay and Google Pay wallet payments and PayPal on the Payment Service. Please note that other than operating the interface in which payments are made, we do not and cannot control the operations of the Payment Service’s processing tools. You agree that all payments made on the Platform will be made via the Payment Service. Offline, cash or any other payments made not using the Payment Service are strictly prohibited and may result in your removal from the Platform.
Please note also that timings for actual distribution of payment from the Payment Service from and to Customers and Talent respectively will depend entirely on the policy and operations of the Payment Service and you should also refer to their terms and conditions before transacting on the celeb.me platform.
Customers must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, please immediately contact your bank or other relevant authority and report this (although we cannot guarantee that your bank or other relevant authority will investigate). We will not deal with reports of unauthorised payments directly.
Talent may specify that their celeb.me Video fee will be directed to a charity of their choosing. celeb.me is not responsible for verifying the particular charity or that the funds ultimately are sent to the charity. This is the Talent’s obligation and the Talent will be subject to all applicable charities laws.
As Talent, you agree and undertake that you will:
- use your best efforts to respond to Requests (positively or negatively) and only refuse Requests when you have a reasonable justification for doing so;
- aim to respond to all Requests within 24 hours, but within no later than 6 days;
- create celeb.me Videos in line with the specific packages chosen by the Customer, following the Customer’s general directions, but always at your sole discretion (other than introducing your own name, the Customer’s name and any other requested third party);
- not endorse or promote third party products or businesses in celeb.me Videos;
- set your own fees for celeb.me Videos to be listed on your profile page on the Platform;
- set up a bank account which is compatible with the requirements of the Payment Service to ensure that you can efficiently receive payments through it;
- where you have stated that you will pay all or part of your income received from celeb.me to a charity, to keep your promise to do so;
- not use profanity, or foul, abusive or derogatory language, or do anything which could reasonably be deemed by us to be openly offensive or hurtful in any content to be uploaded to the Platform;
- be fully clothed in your videos, in appreciation of celeb.me’ policy of having no nudity or any associations with the adult or pornography industries;
- where we have determined that a celeb.me Video which you have made does not comply with a Customer’s minimum requests or is otherwise inappropriate, provide a replacement video, or return the applicable fee to the Customer (in cooperation with celeb.me if required to process the refund); and
- be generally communicative with celeb.me at all times relating to your Talent profile, to co-operate with us when we request that you make changes to it, and to generally respond promptly and truthfully to our requests which are personally addressed to you.
(together the Talent Obligations)
PROMOTIONAL CODES AND REFERRALS
We may from time to time provide certain promotional codes to Users, for example as one-off promotions or as part of a loyalty programme. You agree that you will use promotional codes only in accordance with these Terms, or any additional terms we put in place for the relevant promotional codes.
celeb.me reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a promotional code by you or any other User if we believe that the use or redemption of a promotional code was in error, fraudulent, illegal, or in violation of the terms of the promotional code or of these Terms.
Further, we may also operate referral programmes which allow you and/or the person you refer to celeb.me to be granted a benefit, which may for example include credits, discounts, or other benefits which we communicate to you from time to time. Any referral programmes, whether for Talent or new Users generally will be subject always to these Terms, and our sole discretion to revoke or amend such programmes as we see fit. If you aim to use a referral programme to circumvent our systems, or be granted disproportionate benefits, then we reserve the right to remove or suspend you from the Platform at any time without notice.
PLATFORM AND USER CONTENT LICENCE RESTRICTIONS .
Except as expressly allowed in these Terms, you may not:
- copy the Platform or User Content (including celeb.me Videos) (defined below);
- transfer the Platform or User Content to anyone else, except where we make possible and encourage sharing, for example where we encourage you to share a celeb.me Video which you have created (as Talent) or purchased (as a Customer);
- sub-license or otherwise make the Platform or User Content available in whole or in part (and whether in object or source code form) to any person;
- make any alterations to, or modifications of, the Platform or User Content; or
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or User Content or attempt to do so, (together the Platform and User Content Licence Restrictions).
ACCEPTABLE USE RESTRICTIONS
You may use the Platform only for lawful purposes and those outlined in these Terms. In particular, but without limitation, you agree not to:
- use the Platform in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- use, share, or otherwise exploit the Platform for any commercial, business, or monetised purpose whatsoever other than those purposes outlined in these Terms;
- reproduce, duplicate, copy, share, or re-sell any part of the Platform in contravention of these Terms;
- use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
- use the Platform in a way which we deem to be inappropriate or abusive or which could cause offence or distress in any way to any User, celeb.me staff-member or other person associated with our marketplace;
- upload any inappropriate or adult Content or pornography or be in any way associated with the adult industry on the Platform;
- transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform; or
- access without authority, interfere with, damage or disrupt (a) any part of the Website or the App; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website or the App; or (d) any equipment, network or software owned or used by any third party,
(together the Acceptable Use Restrictions).
In addition, if you are Talent, you agree to use the Platform in a way that will maintain trust between Talent and Customers by complying with certain obligations, which include, but are not limited to:
- observing the Talent Obligations (which apply at all times when using the Platform and delivering Thrills Videos);
- responding to Requests within 24 hours of receipt of the request, unless there is a genuine and legitimate reason for not doing so;
- maintaining an overall high and consistent standard of performance, such that would be expected by Customers,
(together the Talent Expectation Guidelines).
TERMINATION OF YOUR RIGHTS
We may end or suspend your rights under these Terms immediately and without notice if:
- you have breached any of these Terms, including without limitation, the Platform and User Content Licence Restrictions, Acceptable Use Restrictions and/or Talent Expectation Guidelines;
- we believe that your use of the Platform on an independent occasion or on a continued basis is unsuitable or inappropriate in any way at our sole discretion; or
- you are otherwise in breach of these Terms.
If we end your rights under these Terms:
- you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Platform;
- if we ask you to you must immediately delete or remove the Platform from all devices then in your possession, custody or control and, if required, confirm to us that you have done so; and
- you will not be entitled to any refund as a result of your breach or unsuitable use.
INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT
This section sets out who owns what in terms of the Platform. It also sets out how we will treat any content that you provide to us, including Requests and celeb.me Videos (the User Content), and what your obligations are in relation to that User Content.
Subject always to Talent’s ownership of celeb.me Videos in accordance with these Terms, you agree that:
- the Platform and all material published on, in, or via them (including but not limited to the User Content) is owned and controlled by or licensed to us;
- in respect of the User Content that you create, upload, send or post to us that:
○ you retain the ownership rights in the User Content;
○ you grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our Website, on other websites, on physical products and in promotional and/or marketing material developed in each case whether developed by us or on our behalf);
○ we may disclose your identity to any third party who claims that the User Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy; and
○ you make your User Content available to us in the manner envisaged by these Terms without payment or other compensation to you, regardless of how we use the User Content.
You represent and warrant on an ongoing basis that you:
- are the owner or authorised licensee of all User Content;
- have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms;
- will not send us or post User Content that violates applicable law, regulations, these Terms or any other relevant celeb.me policy; and
- have all required permissions and consents from any third party whose personal information is included in any User Content.
INTERACTION AND REPORTING
Our Platform enables Users to interact directly with each other once the booking process has been initiated. From time to time we may additionally make available interactive services at various stages of the booking process. All Users acknowledge and agree that they are responsible for their own interactions on the Platform. celeb.me does not directly control or fully moderate User Content in real time at the time of upload, and Users should use the reporting mechanism below to ensure that any harmful User Content (including in Requests and celeb.me Videos) is identified and addressed as efficiently as possible. Users acknowledge that celeb.me is at all times entitled and permitted to monitor and view all Users’ interactions within the Platform, including in direct messages between two or more Users through direct messaging functions.
Reporting mechanism: If you see any User Content (including in Requests or celeb.me Videos) which appears on our Platform which you find offensive, abusive or in any way inappropriate then please notify us as soon as possible. You can report any offensive, abusive or inappropriate User Content or communication between Users to us via [email protected] and request that any such User Content is removed or that the User communication is investigated. One of our team will then review your report and take any action we deem appropriate.
Where such complaint or report relates to a celeb.me Video which has already been delivered and for which payment has been released, celeb.me do not offer refunds as the transaction has taken place directly between Talent and the Customer.
AVAILABILITY OF THE PLATFORM
The Platform is provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform, or that they will be secure, uninterrupted or free of defects.
If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.
Your access to any of the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Platform may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
If you wish to terminate your account with us, you can do so at any time by emailing us at sup[email protected] requesting to delete your account, although please remember that you will not be refunded for payments already made if you choose to do so. Once your membership is cancelled, we will send you a notification to confirm that the cancellation has occurred successfully.
WEBSITES WE LINK TO
The Platform may link to other third-party websites from which third party services can be obtained. Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk.
We do everything we can to ensure that no part of the Platform will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.
We recommend that you ensure that equipment used to access the Platform run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform (if applicable) and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Platform.
Talent is not required to hold any particular insurance policies relating to its involvement with celeb.me. However, where Talent purchases applicable insurance coverage at its own discretion, celeb.me will never be a party to or affiliated to such coverage or policy.
NO RELIANCE ON INFORMATION
All information published on or via the Platform is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk. Where we feature promotional Content on the Platform, this does not mean that the actual Content of any celeb.me Video will correlate to it, or be similar to it.
IF THERE IS A PROBLEM WITH THE PLATFORM
If you have any questions or complaints about the Platform or User Content please contact us. You can contact us at [email protected] We are under a legal duty to provide a Platform that is in conformity with these Terms and have set out a summary of your key legal rights in relation to the Platform. Nothing in these Terms will affect your legal rights.
Summary of key legal rights:
- the Platform must be as described, fit for purpose and of a satisfactory quality; and
- if a celeb.me Video is faulty due to a technical fault of celeb.me, you’re entitled to a repair or replacement.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit our liability to you where it would be unlawful to do so. 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.
We provide the Platform for the purposes outlined in these Terms. You agree not to use any of them for any purpose not expressed or implied by these Terms, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss arising out of or in connection with these Terms.
Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access the Platform at your own risk. To the extent permitted by applicable law, we disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
COMMUNICATIONS BETWEEN US
If you wish to contact us for any reason, you can do so via [email protected]
Other than to provide the services provided within our Platform, we will only contact you if we make any relevant updates or changes to our services, or where you have signed up for marketing communications. You may opt out of marketing communications at any time via your settings within the Platform.
The Platform may use pop-up notifications, unless you disable them. Please note though that it is not possible to disable service information or error alerts.
OTHER IMPORTANT TERMS
This section provides all of the extra terms that we have to tell you about.
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any rights you may have under these Terms without our prior written approval, given at our absolute discretion.
None of the rights or obligations under these Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms.
Under these Terms, you are granted a licence only in respect of our Platform. Any payments made are in consideration for a licence to access our Platform. We retain ownership in the Platform at all times.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms between celeb.me and the Users. All Talent Users in particular are independent contractor and in no way to be considered staff members in any way, or otherwise on celeb.me’ payroll.
Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, these Terms are the full agreement between us and our Users.
These Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction.
celeb.me is a trade mark of Xperlink Limited. All celeb.me trademarks, service marks, trade names, logos, domain names, and any other features of the celeb.me brand (“celeb.me Brand Features”) are the sole property of celeb.me or its licensors. These Terms do not grant you any rights to use any celeb.me Brand Features whether for commercial or non-commercial use.House