This Content Creator Agreement (“Agreement”) forms a legal and binding agreement between Glimznow Private Limited, a company duly incorporated under the Companies Act, 2013, having its registered office at F-404, Bajrang Bali Tower, Vidhyadhar Nagar, Jaipur, Jaipur, Rajasthan, India, 302039 (“Glimznow Pvt Ltd”, “we”, “us”, “our”) and you, the Content Creator (defined below) concerning your access and use of Services accessed through (Glimznow) (defined below). Please note that we may from time to time change this Agreement. Every time you access (Glimznow), please check this Agreement to ensure that you understand the Agreement that may apply at that time.
This Agreement constitutes an electronic record within the terms of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.1 We encourage and advise all Creators (defined below) to read and understand this Agreement prior to making use of (Glimznow) and the Services. This Agreement shall govern your use and access of services provided through (Glimznow) ("Services"). The Services shall include access to the feature available at (Domain/Application) on the (Glimznow) Platform to, inter alia, access, upload, display, broadcast, publish, make available to public, communicate to the public, adapt, reproduce, store, or transmit Content on (Glimznow). Your use of the Services shall be subject to this Agreement, Terms of Use published on (Glimznow) (accessible here at (terms of use), Privacy Policy published on (Glimznow) (accessible here at privacy policy), Content Creator Privacy Policy (accessible here at Creator Privacy Policy), Content Guidelines Policy (accessible here at (Guidelines Policy) Content Take Down Policy (accessible here Take Down Policy) as may be applicable.
1.2. By accepting this Agreement, you affirm that you are 18 years of age or above and are fully competent to agree to this Agreement, and to abide by and comply with the same. Your acceptance of this Agreement indicates that you have the right, authority, and legal capacity to agree to the Agreement and that you have read, understood, and agree to be bound by the same. We reserve the right to terminate your access to (Glimznow) if it is brought to our notice or discovered that you are under the age of 18 years.
1.3. Please note that we at all times reserve the right to refuse your access to (Glimznow), terminate/deactivate your account, remove or edit content on (Glimznow), at our discretion without any prior notice to you in this regard.
In this Agreement, the following words and expressions, unless the context otherwise requires, shall have the following meanings ascribed to them below:
3.1 To enable your access and use of the Services, you must register on https://www.glimznow.com/signup by providing applicable Creator Information. You agree and acknowledge that all information that you provide to us is true, accurate, current, complete and updated.
3.2. Following the completion of the registration process, and subject to appropriate verification process, an acknowledgement of the activation of your Account shall be communicated to you. You agree and understand that we may collect certain documents (including identity documentation) and/or any other information that may be required by us for undertaking the verification.
3.3. You shall be responsible for creating and maintaining your Account in accordance with this Agreement and our Policies.
3.4. Where you opt for SVOD or TVOD models, (Glimznow Pvt Ltd) shall have the exclusive right to review, evaluate, determine and select the Content published on (Glimznow). (Glimznow Pvt Ltd) shall have the right to review and moderate the Content (whether through the use of technological tools and/or manual methods) prior to its publication on (Glimznow).
3.5. It is clarified that for all other types of Content that do not fall under the SVOD or TVOD models including but not limited to Content uploaded on AVOD model or on non-monetizable basis, (Glimznow Pvt Ltd)’s role is limited to providing a platform and hosting services to enable the transmission of Content on (Glimznow). In such cases, (Glimznow Pvt Ltd) acts as an “Intermediary” as defined under the Information Technology Act, 2000, and the rules thereunder. For this type of Content, (Glimznow Pvt Ltd) shall undertake a limited review to comply with its due diligence obligations under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”). (Glimznow Pvt Ltd) has no responsibility and/or liability with respect to such Content on (Glimznow).
3.6 You agree and undertake that by using (Glimznow) in any manner (such as through registering an Account, accessing (Glimznow) and/or using or accessing any of the Services), you:
4.1 You acknowledge and accept that if you provide any information that is untrue, inaccurate, not current or incomplete as part of the onboarding process, and/or we have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, we have the right, at our sole discretion, to: (a) request you to promptly update or correct such information; and/or (b) immediately and indefinitely suspend your Account, block your access to (Glimznow), and terminate and/or delete your Channel.
4.2 You shall not reverse engineer, decompile, disassemble, make a derivative work or otherwise attempt to derive source code or other trade secrets from Services in any manner whatsoever. No part of the Services shall be reproduced or transmitted to or stored in any other website/application, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor including in any public or private electronic retrieval system or service without prior written permission of (Glimznow Pvt Ltd)
4.3 You shall not directly or indirectly copy, reproduce, sell, distribute, exploit, or use all or any part of (Glimznow) and/or Services whether electronically, mechanically, or otherwise, in any form for any purpose not expressly permitted by the provisions of this Agreement, including any attempt to violate the security thereof.
4.4 You acknowledge and agree that in case of your non-compliance with this Agreement, or the Policies applicable to you on (Glimznow), we reserve the right to refuse registration of your Account, or terminate your Account, or remove non-compliant Content, forfeit your earnings from monetized Content, or undertake such other action as we may deem fit.
4.5. You agree, acknowledge and undertake: (a) that the proprietary rights in the Content belong to you and (Glimznow Pvt Ltd) will not be liable for any deficiency or liability arising out of any action/ claim adversely affecting your rights over the Content; (b) to comply with the Applicable Laws, as may be required to be adhered, to fulfill the obligations agreed under this Agreement; (c) that you shall not collect or harvest any information that might identify a person (for example, usernames or faces); (d) that (Glimznow Pvt Ltd) may, from time to time and at its sole discretion, include promotions or advertisements in the Content as per its Policies; (e) to adhere with this Agreement and Policies published on (Glimznow); (f) that if you become aware of or have a reasonable ground to believe that the Content may in any manner violate any Applicable Law, IPRs or any other rights of a third party, the Creator shall immediately notify (Glimznow Pvt Ltd) in writing; and (g) that (Glimznow Pvt Ltd) may refuse to publish or take down the Content (if already published) in case it violates the Content Guidelines Policy of (Glimznow) accessible here at Content Guidelines Policy)
5.1 For the Content to be uploaded by you on (Glimznow) Platform, you will be paid such amount as per your entitlement based on the Monetisation Policy of (Glimznow Pvt Ltd). It is clarified that in case you do not become eligible as per the Monetisation Policy, (Glimznow Pvt Ltd) shall not be under any obligation to pay you any amount.
5.2. Payment, as applicable under this Agreement, shall be made against valid invoices. You shall raise invoices containing necessary particulars including goods and service tax (“GST”) to enable (Glimznow Pvt Ltd) to process the invoice and to avail input tax credit / set-off or any other indirect tax law benefits as prescribed/as applicable. It is agreed that (Glimznow Pvt Ltd) will process the invoice raised for payment as per this Agreement and make any and all payments within [30 (Thirty)] days from the date of receipt of the invoice. It is hereby clarified that the GST component of the tax invoice shall be paid once the Content Creator deposits the same with the government and furnishes the proof of the same. You undertake to defend, indemnify, and hold (Glimznow Pvt Ltd) harmless against any demand of tax as well as interest, penalty and all other charges or expenses imposed on the Company as a result of non-compliance of the Content Creator with tax laws.
You represent and warrant that:
7.1 You agree and acknowledge that your Content shall adhere to the Content Guidelines (accessible here at Content Guidelines Policy) forms an integral part of this Agreement. It is your responsibility to regularly review and ensure your Content complies with our Policies and Applicable Laws, which may be updated periodically.
7.2 You agree and acknowledge that we may, from time to time, require you to provide us information (such as ratings, classification standards based on context, theme, and tone of the Content) in connection with the Content to comply with Applicable Laws.
7.3 You remain solely responsible for the Content you post on (Glimznow). We do not endorse and are not responsible for any Content shared or posted on or through (Glimznow), and for the consequence of such sharing or posting (including on external portals). The presence of our logo or any trademark or other intellectual property in relation to the Content shared by you does not mean that we have endorsed or sponsored your Content. You will always have ownership and responsibilities for the information contained in the Content.
7.4 We may monitor the Content and remove or disable access to in accordance to our Content Take Down Policy (accessible here at Content Take Down Policy), if it that violates our Agreement, Policies or Applicable Laws. If such Content is identified, we may take actions to remove it or restrict access to associated user accounts or channels. We encourage users to report any Content that breaches the Agreement and Policies.
7.6 You agree and understand that if you violate this Agreement, you may face personal, civil, or criminal liability from individuals, regulators, or legal authorities in addition to the actions taken by us to enforce compliance.
8.1. We retain ownership of all Intellectual Property Rights associated with the (Glimznow) Services, technology, and promotional materials, and your use of (Glimznow) and its Services does not grant you any rights in the IPR owned by us.
8.2 By providing the Content on (Glimznow), you represent that you have the complete and lawful authority and rights to do so and that the Content is your original work and/or that you hold all necessary permissions, licenses, or consents required to provide it. All rights to the Content, including the ability to license, distribute, modify, or otherwise use it, remain vested solely with you.
8.3 You acknowledge and agree that (Glimznow Pvt Ltd) does not claim ownership of any Content uploaded or generated by Creators on (Glimznow), except as licensed under this Agreement. You agree to indemnify (Glimznow Pvt Ltd) against any third-party claims or liabilities arising from infringement or misappropriation of IPR associated with your Content. You represent and warrant that you have not received any claim, notice, or action in relation to the Content that may hinder or restrict the grant of License to (Glimznow Pvt Ltd).
8.4 (Glimznow Pvt Ltd) respects the Intellectual Property Rights of Creators and third parties and may take appropriate actions, including but not limited to Content removal or Account suspension, in cases of violation or infringement.
8.5 By uploading or otherwise providing Content that is not offered under the SVOD or TVOD models, you grant (Glimznow Pvt Ltd) a limited, non-exclusive, royalty-free, and transferable license to use and display such Content on an “as is” basis solely as part of the Services. In respect of Content uploaded under the SVOD or TVOD models, you grant (Glimznow Pvt Ltd) a non-exclusive, worldwide, irrevocable, perpetual, transferable, and sublicensable license to use, publish, display, and otherwise exploit such Content on the Platform and on third-party platforms, in accordance with the rights and usage terms set forth in Schedule I of this Agreement. Pursuant to the above license, you also authorize (Glimznow Pvt Ltd) to use the Content, in whole or in part, for promotional and advertising purposes, in a manner solely determined by (Glimznow Pvt Ltd).
8.6 You agree and acknowledge that we may retain copies of your Content in our systems or servers for a commercially reasonable time period after you delete or remove your Content.
8.7 It is agreed and understood that (Glimznow Pvt Ltd) shall not be liable to pay any royalty or make any payment pursuant to the Copyright Act, 1957 (to be read along with the rules as amended from time to time) to Indian Performing Rights Society, Indian Singers Right Association, or any other copyright collection societies for utilization, performance and/or communication of the Content. In the event any payment is sought from (Glimznow Pvt Ltd), the Creator will indemnify (Glimznow Pvt Ltd) against any such payment including any interest or penalties imposed on (Glimznow Pvt Ltd).
8.8 You undertake that: (a) you will maintain all necessary licenses, consents, and permissions necessary for the performance of your obligations under this Agreement, (b) you will comply with all Applicable Laws and regulations with respect to your obligations under this Agreement, (c) your grant of license of your Content to us shall not infringe the IPR of any third-party, and (d) you will not do or omit to do anything which may cause us to lose any license, authority, consent, or permission on which we rely for the purposes of conducting our Services. Without prejudice to the generality of the foregoing provisions, in the event Creator's rights over any Content (or part thereof) or associated rights is terminated and/or expires and/or is adversely affected, then the Creator shall be responsible to withdraw such Content from (Glimznow) and immediately inform (Glimznow Pvt Ltd) so as to enable us from restricting display and/or distribution of such Content.
9.1 You agree that your access to (Glimznow) and the Services are at your own free will. You agree and acknowledge that the Services and all material are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible under Applicable Law, (Glimznow Pvt Ltd) disclaims all liability, express or implied, including but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, workmanlike effort, title and non-infringement.
9.2 We will try to make access to and use of (Glimznow) error-free and without interruptions. However, your access to (Glimznow) may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on (Glimznow), or for any other reason outside the control of (Glimznow Pvt Ltd). (Glimznow Pvt Ltd) does not warrant or make any representations regarding the use or result of the use of (Glimznow) and the Services in Agreement of correctness, reliability, accuracy or otherwise. (Glimznow Pvt Ltd) has the liberty to introduce fees for new Services or amend existing Services and does not take responsibility for any access or usage problems that arise from internet related issues at your end. We do not warrant that (Glimznow) will be compatible with all hardware and software which is used by a Creator.
9.3 (Glimznow Pvt Ltd) may, at its discretion and in accordance with Applicable Laws, monitor the Content on (Glimznow) and may remove any Content from (Glimznow) if (Glimznow Pvt Ltd) determines in its sole discretion that such Content is in violation of this Agreement or any Applicable Laws. We may at our discretion review the Content in case we receive complaints in connection thereto on (Glimznow). Such actions do not in any manner negate or dilute (Glimznow Pvt Ltd)'s position as an 'intermediary' or impose any liability on (Glimznow Pvt Ltd) with respect to such Content.
9.4 (Glimznow) and the Services may provide links of other websites maintained or controlled by third parties. You agree and understand that (Glimznow Pvt Ltd) does not control such third-party website(s) and shall not be responsible for any dealings or transactions on such website(s) undertaken by you.
9.5 No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. Any hyperlinks to or from the Services are for informational purposes and are for your convenience only. (Glimznow Pvt Ltd) accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy of materials or information contained on the pages of such Services, or otherwise, or for any loss arising directly or indirectly from defects in the Services and/or (Glimznow). (Glimznow Pvt Ltd) neither endorses in any way nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity, availability of Services or for any damage, loss or harm, direct or consequential or any violation of Applicable Laws that may be incurred by your visiting and transacting on (Glimznow).
9.6 Part of (Glimznow) and the Services may contain advertising and other material published by third parties. (Glimznow Pvt Ltd) accepts no responsibility for third party advertisements or promotions appearing on (Glimznow) and as part of the Services. Advertisers are responsible for ensuring that material submitted for inclusion in the Services or (Glimznow), complies with all Applicable Laws. (Glimznow Pvt Ltd) will not be responsible for any advertiser's claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Such advertisements may redirect you to a third-party website and (Glimznow Pvt Ltd) shall not be responsible for your use and access of such third-party websites.
10.1 You agree to indemnify, defend and hold (Glimznow Pvt Ltd), its affiliates, officers, directors, employees, agents, licensors, suppliers and any third party engaged by (Glimznow Pvt Ltd), harmless from and against all losses, expenses, damages and costs including but not limited to attorneys' fees, other expenses that arise, directly or indirectly, out of or from your breach of this Agreement, or any other policy made available to you on (Glimznow), your violation of the undertakings, representations and covenants as mentioned herein and/or your activities in connection with the Services or (Glimznow).
10.2 (Glimznow Pvt Ltd) and its parent, affiliates and associates shall not be liable, at any time for any loss and/or damage arising directly or indirectly (including, without limitation, special, incidental and/or consequential loss and/or damage) arising in contract, tort or otherwise from the use of or inability to use the Services or from any action taken (or refrained from being taken) as a result of using the Services or due to any unavailability of the Services or any part thereof or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Services. (Glimznow Pvt Ltd) will not be liable for any loss or direct or indirect damage arising from your failure to comply with this Agreement, and for any direct or indirect loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) that is not reasonably foreseeable to us. In no event will the liability of (Glimznow Pvt Ltd) exceed the fees received by it in connection to the Services.
If a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, then that provision, or portion thereof, shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
12.1. This Agreement shall, in all respects, be governed and interpreted by, and construed in accordance with the laws of India. The Courts at Jaipur, Rajasthan shall have exclusive jurisdiction over any disputes arising under this Agreement. Notwithstanding the foregoing, you agree that (Glimznow Pvt Ltd) has the right to bring any proceedings before any court or forum of competent jurisdiction and you conclusively submit to the jurisdiction of such courts or forum
Creators and (Glimznow Pvt Ltd) hereby agree and undertake to treat as strictly confidential and protect all information and documents received or obtained by them or their advisors, officers, directors, employees, or representatives (collectively “Confidential Information”) and will not at any time hereafter make public, disclose or divulge such Confidential Information to any third party, except on a need-to-know basis to individuals bound by confidentiality obligations; and Confidential Information may be disclosed to the extent required by the Applicable Laws provided a prior written notice is given to you along with all opportunities to prevent any disclosure of the Confidential Information.
14.1 (Glimznow Pvt Ltd) reserves the right to add or change/modify (Glimznow) or Services or this Agreement at any point of time. Any changes relating to this Agreement will be posted on (Glimznow) and it is your responsibility to refer to this Agreement on accessing (Glimznow). Changes could be made by (Glimznow Pvt Ltd) after the first posting of This Agreement to (Glimznow) at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review This Agreement periodically to be aware of such modifications, and your continued access or use of (Glimznow) shall be deemed your conclusive acceptance of the modified Agreement.
14.2 We may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all or some users or Creators. When the Service requires or includes downloadable software (such as any associated application), that software may update automatically on your device once a new version or feature is available, subject to your device settings.
In the event the Creator faces any issues, or concerns, including but not limited to content uploading errors, technical difficulties, or any other concern arising in connection with the use of Platform or Services, the Creator may contact the Company’s support team for assistance at EMAIL.
LICENSED RIGHTS/ RIGHTS/ LICENSE
1. Creator hereby grants a non-exclusive, a worldwide Right/License to (Glimznow Pvt Ltd) to exploit, market, distribute and sell the Content from the Platform to the user at such rate/price as (Glimznow Pvt Ltd) may deem fit during the course of the Agreement.
2. The Rights granted under this Agreement also include the following: