Terms & Conditions The Fame Tales (StarSaga Production LLP)

1. INTRODUCTION

StarSaga Production LLP ("StarSaga") owns and operates The Fame Tales ("Platform"), an online platform that connects marketers with content creators ("Platform Services"). These services are available on various sites hosted by StarSaga Production or its partners ("Sites").

StarSaga provides you, and, if applicable, your affiliates, access to its Platform Services.

Access to the Platform, Sites, and any features is governed by these Terms of Service ("Terms") and the Privacy Notice. By connecting your social media channels to your account via API or any other method, you also agree to be bound by the respective terms of service and privacy policies of those channels, such as YouTube, Google, Facebook, Instagram, LinkedIn, Pinterest, SnapChat, TikTok, Twitch, and Twitter.

In the event of any conflict between these Terms and any negotiated agreement between StarSaga and a party, the negotiated agreement shall prevail. If you do not agree to these Terms, please do not use the Platform or access the Sites. It is your responsibility to review any changes to these Terms periodically. StarSaga's decision will be final and binding in any dispute.

1.1. DEFINITIONS

In these Terms:

"Marketer" means any person or entity who participates in the Platform Services directly or through authorized personnel of StarSaga for the purpose of creating Opportunities to use the services of a Creator.
"Creator" means any person, entity, or group that creates and distributes original content or sponsored social content, and/or performs an action, including but not limited to content posted through their associated social networks, requested via the Platform, and receives compensation for such content or action via the Platform.
"Affiliate" means any authorized entity or person that directly or indirectly controls the transactions of the Marketer or Creator. "Control" means the power to direct the management or policies of an entity.
"Opportunity" means a request by a Marketer for a Creator to create content, distribute sponsored social content, and/or perform an action through their social network or in person.

These Terms apply to all transactions conducted through the Platform.

1.2. OPPORTUNITIES

Participating Marketers create and list Opportunities, often as part of a larger marketing campaign ("Campaign"), on the Platform. These Opportunities offer Creators the chance to receive compensation (e.g., cash, free products, publicity, etc.) in exchange for creating and/or distributing sponsored social content and/or performing an action through their social network or in person. There is no maximum number of Opportunities per Campaign.

All Opportunities accepted by the Creator must comply with the requirements set forth by the Marketer ("Requirements"). Each Opportunity listing must contain a complete description of the Requirements and the compensation to be paid by the Marketer. Marketers can also request that other ads be disabled on the paid content of an Opportunity.

Once an Opportunity is accepted by a Creator, the Marketer is solely responsible for reviewing and approving the Creator’s content and for the payment of any compensation (to be received and then distributed to Creators by StarSaga) as stated in the Opportunity. StarSaga is not liable if payments are not made by the Marketer. The Marketer retains responsibility for payment of any or all approved offers and content under review, which will become immediately due and payable, regardless of whether or not the Marketer's access to the Platform is terminated.

Subscription Fees

StarSaga Subscription fees are non-refundable and billed in advance. Subscriptions will automatically renew unless canceled prior to the next scheduled payment term. Marketers cannot sell, publish, or make any other use of Creator data beyond evaluating Creators for a marketing opportunity or similar permissible use. Marketers must comply with all applicable laws, including privacy laws, in the collection, storage, and usage of any Creator or other Platform data.

1.3. REVIEWS & APPROVALS

While StarSaga personnel may assist in reviewing and identifying Creator's posts or actions that violate an Opportunity's Requirements and attempt to resolve disputes, StarSaga does not have privity of contract with the Creator and cannot enforce the terms agreed to between Creator and Marketer. StarSaga reserves the right to review and reject Opportunities from Marketers that do not meet the Platform Guidelines, as defined in Section 7 below.

Posts that do not comply with the Requirements of the Opportunity will not be entitled to the associated compensation. After a Creator accepts an Opportunity and delivers the requested content to the Marketer, the Marketer may request modifications or reject the post for failure to meet any agreed-upon criteria or for legal compliance issues. Final approval and payment to the Creator will occur if the content remains active for forty-five (45) days from approval, follows all disclosure guidelines, and includes required elements. The Platform will automatically check for active posts and make payments to the Creator on behalf of the Marketer. If the automated system fails to locate required elements and disclosure, no payment will be made to the Creator, and funds for the Opportunity will be returned to the Marketer unless manually verified by StarSaga with permission from the Marketer or unless the Creator makes the required edits.

If a Marketer makes changes to an Opportunity or approves content outside of the Platform, (i) those terms may not be enforceable as they are not contained within the terms and conditions of the Opportunity digitally agreed to by Creators, (ii) any failure of the content during the verification process due to such changes will be the Marketer’s responsibility, including any payments owed to Creators for delivering such content, and (iii) StarSaga shall not be responsible for ensuring that any items or advertising disclosures appear in the content. For the avoidance of doubt, StarSaga shall take no responsibility for non-compliance with contract terms (including payment terms and the length of time content must remain live), enforcement of terms entered into outside of the Platform, or any claims, fines, or violations resulting from the Marketer’s actions or directions to StarSaga.

Marketers shall comply with all applicable laws and regulations regarding the content they provide or have produced and/or published using the Platform. Marketers are ultimately responsible for any violations regarding the content they choose to publish, regardless of whether or not StarSaga approves the content in the Platform as directed by the Marketer. If a Marketer chooses not to use StarSaga’s automated FTC-compliant disclosures when publishing through the Platform, or encourages a Creator to publish outside the Platform, the Marketer shall defend, indemnify, and hold StarSaga harmless from any claims arising in connection therewith. For the avoidance of doubt, StarSaga’s verification of any such content at the Marketer’s direction or as a function of the platform does not shift liability to StarSaga or waive StarSaga’s rights to indemnification.

2. ELIGIBILITY

You must be an adult (as defined by the jurisdiction in which you reside) to register as a Marketer or Creator on the Platform. Authorized agents may create accounts on behalf of individuals, provided proof of authorization is provided. By registering on the Platform, you represent and warrant that all information you submit is truthful and accurate. You understand and agree that StarSaga will use the information you provide in accordance with the terms of the StarSaga Privacy Notice, which is integrated into and included as part of these Terms. StarSaga accounts are not transferable, assignable, or resalable under any circumstances.

2.1. MINORS

Minors (as defined by the jurisdiction in which you reside) must have a parent or legal guardian register for and establish a Creator account on the Platform. Parents or legal guardians may also allow minors to use their accounts. Legally emancipated minors do not need a parent or legal guardian but may be required to show proof of emancipation. All minors must have executed and completed all required waivers and releases to participate in an Opportunity.

Only parents or legal guardians may bid on Opportunities, agree to terms and conditions, execute publicity releases and waivers, and receive payment for any opportunities accepted on the Platform. Minors and their account profiles will be specially marked within the platform. Certain Opportunities pertaining to restricted products or services are not available for minors (or their parent or legal guardian) to participate in.

3. MARKETER TERMS

This section applies only to Marketers participating in the Platform.

3.1. TRANSPARENCY & DISCLOSURE

StarSaga requires clear and conspicuous disclosure by all Platform participants regarding the commercial relationship between Marketers and Creators. Any attempt to instruct, coerce, or manipulate a Creator into hiding the commercial relationship may result in immediate removal from the system and termination of related contracts. Marketers agree to comply with applicable laws, including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and the Federal Trade Commission’s Dot-Com Disclosures.

3.2. PAYMENTS

Marketers agree to pay StarSaga all charges made to their account for agreed-upon fees or use of the Platform Services in accordance with these Terms. Failure to make timely payment may result in suspension or termination of the Marketer’s account. All fees are non-refundable, and Marketers must submit any disputes regarding charges in writing to StarSaga within thirty (30) days.

3.3. CREDIT CARD CHARGES

Marketers authorize StarSaga to charge their credit cards for depositing funds into their accounts, which may be used to purchase Platform Services or pay for fees. Marketers are responsible for charges resulting from the use of Platform Services, and any applicable service fees will be automatically withdrawn. Marketers must ensure that their credit card information is accurate and up to date.

3.4. MANAGED SERVICES

If Marketers require additional services beyond the Platform Services, a separate Statement of Work (SOW) must be signed by both parties, outlining the charges for such services.

3.5. CONTENT INFORMATION

Marketers acknowledge that StarSaga is not responsible for any aspect of their content or products reviewed, shared, sponsored, or advertised by Platform Creators. Marketers represent and warrant the accuracy and legality of the information provided or approved by them. Marketers are solely responsible for ensuring compliance with third-party platform terms and any applicable laws and regulations.

3.6. OPPORTUNITY DISPUTES

Marketers may not discriminate based on certain characteristics of Creators and must comply with applicable labor or employment laws. Payment to Creators for services rendered will be made by StarSaga unless the Opportunity is canceled or delayed by the Marketer. Supplemental terms agreed upon between Marketers and Creators are enforceable, and in case of conflict with these Terms, the Opportunity terms prevail.

4. CREATOR TERMS

This section applies only to Creators participating in the Platform.

4.1. TRANSPARENCY & DISCLOSURE

Creators participating in the Platform must clearly disclose in their sponsored content the relationship between themselves and the Marketers. StarSaga requires that disclosure be made in a meaningful way, ensuring consumers understand the relationship. StarSaga reserves the right to review and monitor disclosure practices and may require greater levels of disclosure or remove content if deemed inadequate. Creators must comply with all applicable laws and regulations in the preparation and delivery of content.

4.2. CREATOR ELIGIBILITY

Any Creator may register on the Platform, but their social media channel must meet specific standards outlined in this section. Creators must periodically review training materials provided on the Platform. StarSaga may remove a Creator's account if deemed ineligible.

4.3. CREATOR FULFILLMENT OF AN OPPORTUNITY

By accepting an Opportunity, Creator agrees to follow parameters, instructions, and guidelines, ensuring all content is original and complies with legal requirements. Sponsored content must remain live for a minimum period for validation and compensation. Creators must keep materials provided by Marketers confidential.

4.3.1. CREATOR FAILURE TO FULFILL AN OPPORTUNITY

Failure to fulfill an Opportunity may result in negative consequences, including loss of compensation and removal from the Platform.

4.3.2. CONTENT REMOVAL

Marketers may request content removal, and Creators must comply within a specified timeframe. Failure to do so may result in loss of compensation and other remedies.

4.4. CREATOR COMPENSATION

Creator acknowledges that compensation responsibility lies with the Marketer. THE FAME TALES (BY STARSAGA PRODUCTION) facilitates compensation but accepts no liability for non-payment. Creators are responsible for taxes and compliance with laws and regulations.

4.5. CREATOR CREDIT CARD CHARGES AND FEES

Creators may be required to provide payment information for transactions. Inactive accounts may incur fees. Creators authorize THE FAME TALES (BY STARSAGA PRODUCTION) to charge their credit cards for Platform Services.

4.6. GRANT OF USAGE LICENCE

Different types of content creation have different usage rights. Attribution to the Creator is generally required. Content ownership and usage rights vary based on the type of content and contractual agreements.

5. USING DIRECT PAY

The Platform offers Direct Pay as an option for efficient financial transactions between Marketers and Creators. Both parties agree that THE FAME TALES (BY STARSAGA PRODUCTION LLP PRODUCTION) assumes no responsibility or liability for transactions made via Direct Pay.

6. CONFIDENTIALITY

Definition: “Confidential Information” refers to any information disclosed by a party to another party, either directly or indirectly, in writing, orally, or by inspection of tangible objects, excluding information publicly known prior to disclosure, or made publicly available after disclosure.

Obligations: The receiving party shall not disclose or make available Confidential Information to any third party, except those with a legitimate need to know and bound by confidentiality agreements. They shall use the information solely for the disclosed purpose and take measures to protect its secrecy.

Exceptions: Confidential Information may be disclosed if required by law, provided that the disclosing party is promptly notified and assistance is given to protect the information. Upon request or termination, all Confidential Information shall be returned to the disclosing party.

7. PLATFORM GUIDELINES

Participants must adhere to the following guidelines to remain active on the Platform:

Prohibited Content: Pornography, violence, hate speech, harassment, or misleading content is not allowed.
Spamming: Solicitation or spamming of users is strictly prohibited.
Sponsored Posts: Sponsored posts should not contain additional products, logos, or third-party links.

8. UNAUTHORIZED USE

Unauthorized access or manipulation of the Platform, including automated data collection or reverse engineering, is strictly prohibited and may result in termination of the account and legal action.

9. THIRD PARTY WEBSITES AND SERVICES

Users may connect third-party accounts to their Platform account, consenting to the exchange of information between THE FAME TALES (BY STARSAGA PRODUCTION) and third parties. THE FAME TALES (BY STARSAGA PRODUCTION) may share user information with contracted third parties for service provision.

10. PROVISION OF SERVICES

THE FAME TALES (BY STARSAGA PRODUCTION) reserves the right to modify or terminate Platform services at its discretion without prior notice. Users acknowledge and agree to these potential changes and termination of services. Certain sections of the Terms survive termination.

11. REPRESENTATIONS AND WARRANTIES

Creators and Marketers represent and warrant that they have the authority to enter the Agreement, use the services for lawful purposes, and provide accurate and non-misleading information. They agree not to engage in spamming or improper marketing activities and to comply with all applicable laws.

12. TRADEMARKS AND COPYRIGHTS

THE FAME TALES (BY STARSAGA PRODUCTION) retains all rights to its trademarks and copyrights. Users may not use THE FAME TALES (BY STARSAGA PRODUCTION) trademarks without permission. The content on the Platform is protected by copyright laws and may not be used without authorization.

13. INDEMNIFICATION

Creators and Marketers agree to indemnify and hold THE FAME TALES (BY STARSAGA PRODUCTION) and its affiliates harmless from any claims arising out of their use of the Platform, including breach of these Terms. They agree to defend THE FAME TALES (BY STARSAGA PRODUCTION) against any claims and not settle without THE FAME TALES (BY STARSAGA PRODUCTION)'s consent.

14. WARRANTY DISCLAIMER

The Services provided by THE FAME TALES (BY STARSAGA PRODUCTION) are offered on an "as is" basis, without any warranty, express or implied. THE FAME TALES (BY STARSAGA PRODUCTION) disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, THE FAME TALES (BY STARSAGA PRODUCTION) does not guarantee the accuracy, completeness, or reliability of the Services, and disclaims any warranties related to interruptions, errors, or omissions in the Service.

15. LIMITATION OF LIABILITY

THE FAME TALES (BY STARSAGA PRODUCTION)'s liability to Marketers is strictly limited to the amount paid by the Marketer for the Services related to their most recent Opportunity. THE FAME TALES (BY STARSAGA PRODUCTION) shall not be liable to Creators for damages arising from their use of the Services. In no event shall THE FAME TALES (BY STARSAGA PRODUCTION) or any THE FAME TALES (BY STARSAGA PRODUCTION) Entity be liable for indirect, special, incidental, consequential, punitive, or exemplary damages, regardless of the cause or form of action.

16. NOTICES

THE FAME TALES (BY STARSAGA PRODUCTION) may provide general notices to parties through its Sites or via email. It is the responsibility of Marketers and Creators to ensure that their contact information provided to THE FAME TALES (BY STARSAGA PRODUCTION) is up-to-date. All notices to THE FAME TALES (BY STARSAGA PRODUCTION) should be sent via nationally recognized overnight courier or certified mail to the address provided.

17. CHOICE OF LAW

These Terms shall be governed by and interpreted under the laws of Bengaluru, Karnataka, India. Any disputes arising from these Terms shall be adjudicated on an individual basis, and Marketers and Creators agree not to pursue class action claims. Marketers and Creators further agree to limit any claims to reasonable and actual out-of-pocket costs.

18. ELECTRONIC ACCEPTANCE EFFECTIVE

Marketers and Creators accept these Terms by creating an account and accessing the Platform Services. It is recommended to print and save a copy of these Terms for record-keeping purposes. Marketers and Creators should be aware that these Terms may be updated by THE FAME TALES (BY STARSAGA PRODUCTION) at any time.

19. MISCELLANEOUS

These Terms constitute the entire agreement between the parties regarding the subject matter herein and supersede all previous agreements. Any failure or delay in performance of obligations due to circumstances beyond THE FAME TALES (BY STARSAGA PRODUCTION)'s control shall not result in liability. The parties are independent contractors, and nothing in the Terms shall create an agency or employment relationship. The Terms may be updated by THE FAME TALES (BY STARSAGA PRODUCTION) with notice published on its Sites.