Welcome to House Of Talentt! These Terms and Conditions ("Terms") govern your use of our mobile application ("App") and related services, made available by VCS Organization (“Entity”, “we”, “us” and “our”) a firm registered under the laws of India having its office at House No. 347, Sector 7, Jind, Haryana 126102, India. The terms “you” and “your” refer to the user of this App.
These Terms are to be read with the other policies of the App. By downloading, accessing, or using the App, you agree to these Terms. If you do not agree to the terms and conditions of these Terms, please do not use this App.
1. Acceptance of Terms By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms from time to time, and your continued use of the App constitutes acceptance of any changes.
2. Changes to Terms Our App is dynamic and may change rapidly. As such, we may change the services we provide at our sole discretion. We may, temporarily, or permanently, stop providing services or any features to you generally.
You shall be notified in our App as and when any of the terms and conditions contained herein are modified/amended. Your continued use of our App after any modifications will be considered as your acceptance of the updated terms and conditions.
3. User Eligibility You must be at least 18 years old to use the App. If you are under 18, you may only use the App with the consent of a parent or legal guardian. By allowing a minor to use the App, parents or guardians accept full responsibility and liability for the minor’s use, including content shared and interactions. We may terminate access and remove content if a user is found to be under 18 without proper consent.
4. Services Offered ("Service/Services")
Our App helps you stay in touch with your friends/family/followers/community and enables you to upload and share videos.
4.1 Video Sharing
4.1.1. User Accounts: Create and manage personal or public profiles where you can upload, store, and organize your video content. Customize your profile with a profile picture, bio, and other personal details.
4.1.2. Video Uploads: Upload videos directly from your device to the App. Supported formats and file sizes will be outlined in the App’s Content Policy.
4.1.3. Video Review:
• Contest Videos: Videos uploaded as part of a contest will be reviewed by the App's administrator before publication. Only after receiving approval will these videos be made publicly accessible.
• Public/Followers Videos: Videos uploaded for public or follower(s) viewing (not part of a contest) will be published first and then undergo a review process by the App's administrator. The administrator retains the right to remove any content that violates our Terms at any time after its publication.
4.1.4. Video Viewing and Downloading: Stream videos from other users on the App.
A user may download a video from another user if the latter's profile is publicly accessible or if the video has been uploaded as part of a competition. However, the ability to download such content is subject to the App’s policies and any applicable copyright laws. It is important to adhere to Terms and obtain appropriate permissions when necessary to ensure compliance with legal and ethical standards. Please note that downloaded videos will include a watermark of the App to maintain attribution and prevent unauthorized use.
4.1.5. Social Interaction: Engage with videos through likes, comments, replies to comments, and shares. Follow other users to stay updated on their latest content.
4.1.6. Notifications: Receive notifications about new followers, likes, comments, replies on comments, and other activities related to your content.
4.2 Video Creation and Editing
The user has access to the following features, which include but are not limited to:
4.2.1 Video Recording: Record videos directly within the App using your device’s camera. The App may offer various recording modes, including front and rear camera options.
4.2.2 Editing Tools: Utilize built-in editing tools to enhance your videos. Features include but are not limited to:
● Trim and Crop: Adjust the length and frame of your video.
● Filters and Effects: Apply visual effects and filters to enhance the appearance of your video.
● Text and Emoticons: Add text overlays, captions, and emoticons to your videos.
4.2.3 Preview and Save: Preview your edited video before saving or sharing it. Save drafts and make further edits if needed.
4.3 Video Making Contests
Participate in video-making contests hosted by the App. Following are the Rules and Format for the Video making contests.
4.3.1 Contest Announcements: Details about contests, including themes, deadlines, and entry requirements, will be published in dedicated contest pages or notifications.
4.3.2 Contest Entry: To enter a video contest, users need to register and pay the entry fees using in-App Coins. After that, the users can submit their video through the App during the contest submission period. Entries must adhere to the contest's theme and guidelines.
4.3.3 Contest Rules: Each contest will have its own set of rules and guidelines, which will be provided separately. It is your responsibility to review and comply with these rules to participate.
4.3.4 Video Requirements: Videos must be original, not infringe on any third-party rights, and adhere to the specifications outlined in the contest guidelines (including but not limited to theme, submission period, format, length, and resolution).
4.3.5 Submission Period: Each contest will have a specific submission period, which will be clearly communicated within the App. Late entries will not be accepted.
4.3.6 Judging Criteria and Winner’s Selection: Entries will be judged based on the number of likes they receive. Each entry's popularity, as determined by its total likes, will be a key factor in the evaluation process.
4.3.7 Prizes: Contest prizes, including the prize amount, will be specified in the contest announcement. Prizes may be awarded in the form of Coins, which can be withdrawn by the winning user in accordance with these Terms and the Transaction and Refund Policy. Please note that applicable taxes, as per Indian law, will be deducted from the withdrawn amount.
4.3.8 In the event of a tie, such winning users will equally share the winning amount.
5. User Accounts To access certain features of the App, including participating in contests, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively "you" and "your" shall refer to the company.
6. Coins and Payment
6.1 Purchase of Coins: To enter into contests, users must purchase virtual coins ("Coins") through the App. Coins are available for purchase using real currency and are used as the primary means of payment for contest registration and other in-app purchases. Users can buy virtual coins through the App at a rate of 10 coins = 1 INR.
6.2 Payment for Registration: To enter a contest, users must pay the registration amount using Coins. The registration fee for each contest shall be specified within the contest details in the App.
6.3 Refunds: Contest registration fees once paid are neither refundable nor transferable. We reserve the right to cancel any contest at any time and for any reason, without notice. If we cancel a contest, we will refund any registration fees paid by users who entered the contest.
The amount paid for the purchase of the virtual coins cannot be refunded but withdrawn as per the withdrawal conditions in these Terms and the Transaction and Refund Policy.
6.4 Withdrawal: Users may request to withdraw funds from both purchased and earned virtual coins. The conversion rate is 10 coins per 1 Indian Rupee (INR). Withdrawals are subject to a minimum limit of 1000 coins. Withdrawals will be processed according to our Transaction and Refund Policies and may involve additional verification and processing time. Applicable taxes under Indian law will be deducted from the withdrawn prize money.
6.5 Transaction Records: We maintain records of your coin transactions, including purchases, withdrawals, and balances.
7. Withdrawal of Prize Money
7.1 Prize Withdrawal: Winning users who are eligible for cash prizes may withdraw their winnings through the App’s authorised and secured payment gateway. Prize withdrawals are subject to such payment gateway’s terms and conditions.
7.2 Verification: Winners may be required to provide additional verification information as part of the withdrawal process. Failure to provide requested information may result in forfeiture of the prize.
7.3 Fees: Withdrawal fees may apply and will be deducted from the prize amount as specified by such payment gateway.
7.4 Please note that prize money withdrawals are subject to applicable taxes under Indian law. Taxes will be deducted from the withdrawn amount as required by law.
8. TAXES PAYABLE
8.1 A 28% GST is applicable on the amount spent by you when purchasing coins in the app. You can view the GST paid on each coin purchase on the ‘My Transactions’ page within the app. The GST amount listed on the invoice will be the final GST charged to you.
In this example, if you purchase coins worth ₹1000, the GST charged will be ₹280, making the total amount payable ₹1280.
8.2 TDS Deductions on Net Winnings:
8.2.1 TDS Deductions on Net Winnings:
a) What is 'Net Winnings'? Net Winnings is calculated as the difference between the total amount withdrawn and the total amount deposited in a financial year.
Example:
• Total Deposit: ₹4000
• Total Withdrawal: ₹6000
• Net Winnings: ₹6000 - ₹4000 = ₹2000
b) How is Tax Calculated? Tax is calculated at a rate of 30% on the Net Winnings at the time of withdrawal or at the end of the financial year (31st March).
Example:
• Net Winnings: ₹2000
• Tax: 30% of ₹2000 = ₹600
c) When Will the Tax Be Deducted? The tax will be deducted either at the time of withdrawal or on 31st March (end of the financial year). The total tax liability for the year will be calculated and deducted from the user's wallet.
d) What if My Withdrawal is Less than My Total Deposits? If the total withdrawal is less than the total deposit, no tax will be deducted.
Example:
• Total Deposit: ₹7000
• Total Withdrawal: ₹5000
• Net Winnings: ₹5000 - ₹7000 = -₹2000 (Negative Net Winnings)
Since Net Winnings is negative, no tax will be deducted.
e) Consideration of Opening Account Balance at the Start of the Financial Year: At the end of the Financial Year, if you have any amount remaining in your App’s account, tax will be deducted from that amount considering it a “withdrawal”. The remaining amount will be carried forward to the new Financial Year.
Remaining Tax: ₹200 will be deducted from the closing balance, leaving ₹1300 carried forward to the new financial year.
f) Refund of Excess TDS: If your Net Winnings decrease during the year, you may be eligible for a refund of excess TDS by filing your income tax returns. Games24x7 will issue a tax deduction certificate showing the tax deducted, but will not directly refund excess TDS.
g) Tax Certificate for IT Returns: Tax Certificates will be issued within one month from the last date of filing TDS returns for each quarter.
8.3 In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by Us in accordance with the then-current prescribed TDS rate and the revised definition of Net Winnings. We shall not in any manner be responsible for users' tax matters.
9. Content Creation and Ownership
9.1 User Content
9.1.1 You retain ownership of the content you create using the App ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, perpetual, and irrevocable license to use, modify, reproduce, distribute, and display the User Content in connection with the App and its promotion.
9.1.2 You also grant other users the right to share/ communicate such User Content for a limited private or non-commercial use alone. Any User Content will be considered non-confidential. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or belonging to third parties, or in violation of applicable laws.
9.1.3 When you submit User Content through the Services, you agree and represent that you own that User Content or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.
9.1.4 If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services. You grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute any User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display User Content in any form and any/all media or distribution methods (currently known or later developed). To the extent it is necessary, when you appear in, create, upload, post, or send User Content, you also grant us unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation if your data is used by us for marketing, advertising, or improving our Services. While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms as well as for purposes as mandated by applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
9.1.5 You further acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
9.1.6 You further acknowledge that, except as specifically permitted by us in these Terms or in any other agreement you may enter into with us, you have no right to receive any income or other consideration from any content that you publish on the App or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you.
9.1.7 If you are a composer or author of a musical work and are affiliated with a performing rights organization, then you must notify your performing rights organization of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant performing rights organization’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain consent from such music publisher to grant the royalty-free license(s) outlined in these Terms in your User Content or have such music publisher enter into these Terms with us.
9.1.8 Authoring a musical work (e.g., wrote a song) does not necessarily give you the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services complies with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.
We use the information we have, to study our Service and collaborate with third parties for research purposes in order to make our Service better and contribute to the well-being of our community.
9.2 Prohibited Content and Activities:
● You agree not to create, upload, or share any content that is illegal, offensive, infringing, defamatory, or otherwise inappropriate.
● You will not use the Services for any purpose that is fraudulent, misleading, illegal or prohibited in these Terms.
● You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information or any other unauthorised information.
● You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
● You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
● You will not post content that can be considered to infringe any Intellectual Property rights of any third party.
● You will not falsely represent yourself as another person or representative of another person to use our Services.
● You will not use or attempt to use another user’s account, username, or password without their permission.
● You will not solicit login credentials from another user.
● You will not post content that may be considered harmful to minors. Please refer to the Content Policy and Community Guidelines regarding the same.
● You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitement to violence.
● You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
● You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.
● You will not probe, scan, or test the vulnerability of our Services or any system or network.
● You will not post any content that in any way or form 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.
● You will not encourage or promote any activity that violates these Terms.
● You will not use the App for any unlawful purpose or in violation of any applicable laws or regulations.
● You will not interfere with or disrupt the App or servers or networks connected to the App.
● You will not circumvent any feature, action, measure, or policy implemented/ imposed by us. For example, in the event you are banned from using the Services, you will not try to circumvent any account suspension or similar measures we may take against you.
10. Intellectual Property
10.1 You agree that We (including our licensors, sister/related/family/affiliate entities/concerns and/or associates) own all intellectual property rights in and to the software underlying the creation of our App, including all material and content published by us on our App, which includes (but is not limited) to the following:
● Audio and visual clippings used and published by Us
● Flash animation (“Our Intellectual Property Rights/Our Content”)
10.2 You agree that in accessing our Intellectual Property Rights, you shall not do the following without our prior written consent:
10.2.1 Modify, distribute, publish, transmit, reproduce, or otherwise deal with our Intellectual Property Rights; or
10.2.2 Create derivative works of our Intellectual Property Rights or in any way exploit our Intellectual Property Rights.
10.3 You agree that:
10.3.1 You own all the intellectual property rights in your content;
10.3.2 Your content will not result in any infringement claims from any third party; and
10.3.3 We are not liable for any of the content shared and/or contributed by you on Our App.
10.4 You grant us a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable, and transferable license to use Your content for the following:
10.4.1 use, reproduce, distribute, publish and advertise, and transmit Your content; and
10.4.2 otherwise, create any derivative works of the User Content for the following purposes:
● display of User Content on Our App;
● distribution and/or storage of User Content (either electronically or via other media) for any purpose; and
● storing Users' Content in a remote database accessible by Users, for a charge
10.5 No Unauthorized Use: You may not copy, modify, distribute, or create derivative works based on the App or its content without our prior written consent.
11. Privacy Your use of the App is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy to understand our practices.
12. Termination We may terminate or suspend your access to the App at our sole discretion, with or without cause, and with or without notice, for any reason, including but not limited to a violation of these Terms.
13. Disclaimers
The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the App will be error-free, secure, or uninterrupted. It is further agreed that:
● We will not be liable for any delay or failure to render the Services resulting from any Force Majeure Event.
● You may access Our App at Your own risk. We are not responsible or liable for any loss or damage (including injuries, death, or loss of property) that You or anyone else may suffer while accessing Our App.
● You agree that Our App may contain third-party advertisements and links to websites/services owned and operated by Our affiliates and/ or third parties (“Third Party Content”). We do not endorse the Third Party Content or services of any third parties included on Our App. We cannot guarantee the accuracy, reliability or quality of such Third Party Content. Your reliance on Third Party Content is at Your own risk. Any claims that You have regarding Third-Party Content should be directed to the third party in question.
● We will not be held responsible for any issues with the storage, deletion, delivery, or accessibility of information or materials to the extent allowed by law.
● We do not provide any warranty for Our content, which is provided on an "as is, as available basis”.
● We are not responsible for any errors or inaccuracies in the team starting line-up data provided on Our App, as it is obtained from external sources or publicly available information.
● We are not responsible for any inaccuracies in calculating coins or the selection of winners due to inaccurate or incomplete information received from any third-party service provider.
● We make no representations or warranties regarding the quality, suitability or merchantability of any prizes and are not liable with respect to the same.
● We will not be liable for your inability to access Our App for any reason beyond our control such as network outage, telecommunication failure, internet suspension, virus, malware etc.
● We are not responsible for any errors in communication, or omissions in communication, including any errors made by You, which may prevent the results from being communicated to You.
● We are not liable for any consequences arising from You sharing any confidential information including but not limited to OTP with any other person.
14. LIMITATION OF LIABILITY AND INDEMNIFICATION
14.1 By accessing Our App, you hereby agree to indemnify Us and/ or any of Our employees, associates, licensors and sister/related/family/affiliate entities/concerns (“Representatives”) against all liability, cost, loss, claims or expense arising out of Your access to Our App, arising due to any negligence on Your part and/ or any illegal act on Our App and/ or non-compliance with these Terms.
14.2 Neither we nor our Representatives shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of Your use of or inability to use Our Services, even if We have been advised of the possibility of such damages.
14.3 You, with this, waive each and every right You may have against Us and/ or Our Representatives for any injuries, accidents, or other events that may occur as a result of You accessing Our App, participating in Contests, or receiving Contest prizes. This waiver includes any known or unknown, anticipated or unanticipated events.
15. Governing Law and Dispute Resolution Mechanism
15.1 Governing Law These Terms and Conditions are governed by and construed in accordance with the laws of India.
15.2 Dispute Resolution All disputes arising under or in relation to these Terms and Conditions may be referred to arbitration before a sole arbitrator, mutually appointed by both parties. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Indian Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the sole arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rule framed thereunder and the place/seat of Arbitration shall be Delhi. The arbitration proceedings shall be conducted in English.
15.3 Jurisdiction The courts of Delhi, India, shall have exclusive jurisdiction over any legal proceedings related to these Terms and Conditions.
16. Grievance Redressal Mechanism
16.1 In case you have any complaints or grievance pertaining to (i) any User Content that You believe violates these Terms including any infringement of Intellectual Property Rights, (ii) Your access to the App, please share the same with us by writing to: ----email address----. On receiving such a complaint, grievance or notice, the grievance officer may reach out to you to seek further clarification, or to verify your complaint. The name and title of the Grievance Redressal Officer are as follows:
Name: Saurabh Saini
Email: support@houseoftalentt.com
Address: House No. 347, Sector 7, Jind, Haryana 126102, India
16.2 The Grievance Officer identified above is pursuant to the provisions of Applicable Laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws. The Entity reserves the right to replace the Grievance Redressal Officer at its discretion through the publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.
16.3 You agree that regardless of any statute or law to the contrary, any complaints or grievances arising out of or related to the use of Our App or these Terms should be filed within thirty (30) days of such claim to enable us to resolve Your complaint at the earliest.
17. Miscellaneous
17.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding your use of the App.
17.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
17.3 Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
By using the App, you acknowledge that you have read and understood these Terms and agree to be bound by them.