Welcome to Madlux. Our registered address is at 301, Next Avenue, Anthony Villa 29th Road, Bandra-West, Mumbai, 400050. We, Madlux (hereinafter referred to as "Company", "We", "Us", or "Our") is an Entertainment Networking Platform having in place a fun Ecosystem for connecting creative people like Models, Artists & Designers etc. with professional work opportunities and Growth aspects via Online/offline competition and Events.
Madlux intends to provide services, like:
a) data library of profiles of creative talent like models, artist, designers, singers, painters etc. to clients like event companies, production houses, corporates, private occasions etc. for online /offline type of work like movie shoot, photo shoot, concert offline or virtual, exhibitions.
b) streaming of online events like a theatre act or performance in a venue like club / hotel or a dedicated virtual event which can be paid and free as per case.
c) curating /conducting online/offline competition like a creative talent hunt can be free and paid as per case. (in case of offline competition there are some venue covers/ charges involved)
d)mentoring and hand holding services along with some proprietary courses.
The Site and Mobile App is owned and operated by Madlux; a company incorporated under the laws of India. The Website and the Application for handheld devices are jointly referred to as the "Platform". The present Agreement is legal and binding between You (the "User/Member") and Madlux. For the purpose of these Terms and Conditions / Terms of Use, wherever the context so requires "You" or "User" shall mean any natural/legal person who visits Our platform, either just for the purpose of browsing the Website/Application.
NOTE:
1. This Agreement is an Electronic Contract that sets out the legally binding Terms of your use of the Website and your membership in the Service. By accessing the Website or completing the registration, You consent to have understood and agreed to the Terms and conditions of this Agreement provided to You in electronic form,
2. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This provision shall survive termination of this Agreement.
3. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES ON THE PLATFORM, AND WE REQUEST YOU TO UNINSTALL THE APP. By installing, downloading or even merely using the Platform, You shall be contracting with Madlux and signify your acceptance to the Terms of Use and Privacy Policy and other necessary policies) as posted on the Platform from time to time, which takes effect on the date on which You download, install or use the Services, and create a legally binding arrangement to abide by the same. You may not use the Services if You do not accept the Terms or are unable to be bound by the Terms. Your use of the Platform is at your own risk, including the risk of data theft, virus attack or that You might be exposed to content that is objectionable, or otherwise inappropriate. As long as You comply with these Terms, Madlux grants You a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform.
4. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of content in whole or in part except as expressly authorized by Us. Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to the Services, Content or Our IP Rights. Any violation by You of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
You are permitted to upload audio/ video files, photos or other similar form of media content to promote your talent (“User Provided Content”). While registering on the Website/ App or using the services, you agree to provide true and correct information, which does not give the wrong impression or which impersonates any other person in any manner whatsoever and also undertake to revise and update the information in a timely manner. We request you to keep your sensitive personal information including the password of your User account or any financial information including but not limited to Payment Options strictly confidential.
Madlux strictly requires the Users to diligently follow its Code of Conduct. As such You agree to use this website in accordance with the following Code of Conduct including but not limited to:
1. You will keep all information provided to You through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to You;
2. The Services provided by Us shall not be used to infringe the privacy rights, property rights, or any other rights of any person.
3. You will not post messages, pictures or recordings or use the Service in any way which violates the privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates the law;
4. You will not use Our Services to distribute or upload any virus, Trojan horses, or do anything else that might cause harm to the Service, Company's systems, or to other members' systems in any way.
5. You will not engage in any activity that constitutes or facilitates "spamming" or the sending of mass unsolicited messages.
6. You will not provide instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses.
7. You will not use any robot, spider, Site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
8. You will not collect usernames and/or email addresses of User by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
9. You will not use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, Service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
10. The User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
11. The User undertakes not to resell or assign his/its rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
12. The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
13. The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.
14. The User shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
15. The User shall not violate, or attempt to violate the security of the Site and/or any web Sites linked to the Company or gain unauthorized access any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
16. In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the User's access to the Site Service and/or any other related facility in case of violation of Terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to recourse to any legal remedy against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the Use.
17. The User is prohibited from posting any information or content on Site, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.
18. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any Services, including, but not limited to, Services related to that being displayed on the Site or related to Us.
19. The User shall not use the Service for any unlawful and fraudulent purpose including without limitation criminal purposes
20. The User shall use the Service only for the purpose for which it is subscribed.
21. The content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Site. You hereby represent and warrant that You/the User have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
MADLUX RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO INVESTIGATE AND TAKE APPROPRIATE LEGAL ACTION AGAINST ANYONE WHO VIOLATES THIS PROVISION, INCLUDING REMOVING THE OFFENDING COMMUNICATION FROM THE SERVICE AND TERMINATING OR SUSPENDING THE MEMBERSHIP OF SUCH VIOLATORS. REPRESENTATIONS, COVENANTS/OBLIGATIONS AND WARRANTIES BY THE USER:
1. You hereby represent and warrant that You are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the Terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You further declare that You are in compliance with all laws and regulations in the locality/state/country in which You live when You access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate Our legal rights or those of any third party(ies).
2. You represent, warrant and covenant that You shall use your real name on your profile.
3. You represent and warrant that (a) all information submitted by You is true, accurate, current and complete; and (b) You shall maintain and update information submitted in order to keep it truthful, current, accurate, and complete at all times.
4. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.
5. You represent and warrant that You shall comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
6. You represent and warrant that You shall not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Us in connection with its Services.
7. You represent and warrant that You shall not provide inaccurate, misleading or false information to Us. If any information provided subsequently becomes inaccurate, misleading or false, You will promptly notify Us of such change.
8. You represent and warrant that You shall when communicating with Our customer care representatives; You agree to be respectful and kind. If We feel that your behaviour towards any of Our customer care representatives or other employees is at any time threatening or offensive, We reserve the right to immediately terminate your account.
9. You represent and warrant that all the Intellectual Property and Proprietary Rights and the Services and the Our Site are protected by certain proprietary and intellectual property rights belonging to Madlux only and that You have no right, title or interest in the Services of Our Site. All copyrights, patents, trademarks, Service marks, trade secrets, database rights and other proprietary rights pertaining to the Services and www.madlux.in are the sole and exclusive property of Madlux and/or its affiliates and/or licensors. This provision shall survive termination of this Agreement.
10. The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
11. The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Site Service(s).
12. The User shall be solely responsible for all information retrieved, stored and transmitted by him.
13. The User shall keep confidential and not disclose to any person the User's password and User identification and all activities and transmission performed by the User through his User identification.
14. The User agrees to immediately notify the Company of any unauthorized use / breach of his/its password or account and ensure to exit from the account at the end of each session.
15. The User shall immediately notify the Company of any unauthorized use of the User's account or any other breach of security known to the User.
16. The User shall promptly make the payment to the Company towards the Fees IF ANY as and when it becomes payable.
17. The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third parties (whether civil/criminal) if any. The Company however shall take every endeavour to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.
18. User of the website agrees to indemnify and keep Madlux indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.
1. All copyright and/or know-how and/or any other related intellectual property rights to the Services of www.madlux.in including listings, details of Users, and any information otherwise made available to User in the Service, shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to www.madlux.in in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever.
2. In the event that the User during the Term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.
3. Retain all data or/and information supplied by the User while using the Service to remain at www.madlux.in for the exclusive use of the Company in accordance with Service agreement with the User, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company's property, records and databases as the exclusive property of the Company, for all times to come.
4. By entering mobile number on www.madlux.in while registering for an account or receiving alerts, User gives consent to Company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the User, irrespective of whether the same is on the DNC list or any other such database. In case a User does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with www.madlux.in.
5. Company may monitor or review any Content or order placed by the User posts as part of a Service. We may delete any Content, in whole or in part, that in Our sole judgment violates this Agreement or may harm the reputation of the Service.
6. Due to storage limitations and expenses, the Company reserves the right to close and delete any User account that has not been logged in for a period of _36_ months or more. We will notify any such Users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than _36_ months and provide those Users with a minimum of 30 days notice. We shall give one final notice at least 48 hours prior to deleting an account.
7. By submitting suggestions or feedback regarding Our Services, You agree that We may use and share such feedback for any purpose without compensating You.
8. You agree that We may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief.
9. To process, investigate and respond to any notification of infringement of any third party's intellectual property and proprietary rights in accordance with applicable laws.
10. We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against Us without your prior consent. If We ask, You shall cooperate in your fullest capacity as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, provided, however, that You shall remain liable for any such claim.
All the actions You make and information You post on the Site remain your responsibility. Therefore, You unconditionally agree to indemnify, defend, release, and hold Us, and Our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by Us arising as a result of, or in connection with not limited to but including:
1. Any negligent acts, omissions or willful misconduct by You;
2. Your access to and use of the Application;
3. The uploading or submission of Content to the Application by You;
4. Any breach of these Terms by You; and/or
5. Your violation of any law or of any rights of any third party.
Further, each User agrees to hold the Indemnities harmless against any claims made by any third party due to, or arising out of, or in connection with, such User's use of the Website or Services, User's violation of the General Terms of Use, or User's violation of any rights of another, including any intellectual property rights. In no event shall the Indemnities, be liable to the Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, arising out of or in connection with
(i) User's use of or access to the Website, Services or materials on the Website; or (ii) Services provided by any Registered Service Provider.
The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws. We shall not be liable for any and all costs, charges, expenses, etc. incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the User personally. Company shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the Company's mobile application on your mobile phone.
NO THIRD PARTY BENEFICIARIES:
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.By Company:
1. If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User. When the Services, subscribed for, is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred up to the date. Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such Terms as it deems proper, reconnect the Service.
2. The Company may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to www.madlux.in (or any part thereof) for any reason, including, without limitation, that the Company based on its judgement and perception believes You have violated or acted inconsistently with the letter or spirit of these Terms and conditions or any applicable law. The Company further reserves its right to change the Service(s) or delete features at any time and for any reason and to cancel or suspend your registration at any time. Such cancellation or suspension may be without cause and/or without notice. In case of Service cancellation, your right to use the Service ceases right away. Once the registration is cancelled or suspended, any data/content You may have stored/submitted in the Platform may not be retrieved later. You understand that the Company may at any time, at its sole discretion and without prior notice to You, prohibit or restrict your access to the use of any or all the Services of www.madlux.in. If We terminate your membership in the Service because You have breached this Agreement, You will not be entitled to any refund. Even after your membership or subscription is terminated, this Agreement will remain in effect. All Terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
1. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions designated on the Website or by sending Us email on info@madlux.in notice of termination to the Company, (email for termination by User), including the words "Intention to Cancel Service" in the subject line of said email. In the event You terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which You had paid prior to your termination).
Termination by Either Party:
1. Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any Terms of this Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Company and such decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai
The User accepts and acknowledges that the breach of the Terms and Conditions may cause the Company irreparable harm, and thus confirms and accepts that the Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without any preconditions, in addition to and without prejudice to any other rights or remedies that the Company may have under law and tort.
This Agreement contains the entire agreement between You and Us regarding the use of the Website, Application and/or the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
NON-WAIVER AND SEVERABILITY:
Company failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and agree that the other provisions of this Agreement shall remain in full force and effect. This provision shall survive termination of this Agreement.TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR LEGAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST.
While availing any of the payment methods available on the Platform, Madlux shall not assume liability, monetary or consequential, for any loss caused to the Users due to payment issues arising out of the transactions or of usage of data provided to the gateway partner. The third-party payment gateways have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information and your credit/debit card details will be handled by these providers. Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Without limiting the generality of the disclaimers of warranties and limitations of liability contained in the previous sections, under no circumstances shall the Company be held liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including but not limited to internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non performance of third parties. This provision shall survive termination of this Agreement.
No agency, partnership, joint venture or employment is created as a result of this Agreement and You may not make any representations or bind the Company in any manner whatsoever in nature.
CUSTOMER SERVICE AND FEEDBACK
We continuously strive to update and upgrade its Services by taking into account the Users feedback. We therefore provide assistance and guidance through its customer care representatives. When communicating with Our customer care representatives (whether over the telephone, or via email or letter), You agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between You and Our customer care representatives may be recorded for quality assurance purposes. If We feel that your behavior towards any of Our customer care representatives or other employees is at any time threatening or offensive, We reserve the right to immediately terminate your membership and You will not be entitled to any refund of unused subscription fees.
AMENDMENT TO THE TERMS OF SERVICE:
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Services following the posting of changes will mean that You accept and agree to the revisions.DATA SECURITY:
We use a number of mechanisms (encryption, passwords, physical security) to protect the security and integrity of your personal information against unauthorized access and disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. So while We strive to protect such information, We cannot ensure or warrant the security of any information You transmit to Us and You do so at your own risk. Once any personal information comes into Our possession, We will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure. HEADINGS The captions and headings used in the Agreement are inserted for convenience only and will not affect the meaning or interpretation of the Agreement.PRIVACY POLICY
We respect the privacy of Our Users and are committed to its protection. We encourage all Our Users to read the Privacy Policy.All content included in Our Services, such as text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of the Company and its content suppliers and protected by copyright laws. All software used on this Site and Mobile Application is the property of the Company. Except as expressly provided in these Terms, no part of the platform and no Content may be copied, reproduced, republished, publicly displayed, encoded, translated, uploaded, posted, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our expressed prior consent.
Any complaints, abuse or concerns with regards to content, quality of Service or behaviour of delivery agents or breach of these Terms shall be immediately informed to the Grievance Officer through email on the following email Id. [ info@madlux.in ]. Any grievance so received by the Company shall be resolved within the best possible time.
CONTACT US:
By Email: info@madlux.in
Phone No: +91 8766861133
By Post
301, Next Avenue,
Anthony Villa 29th Road,
Bandra-West,
Mumbai, 400050.