Terms and conditions

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TERMS OF USE

DEFINITIONS AND GETTING STARTED

The terms of use is an agreement between 21 Century Gaming and all its subsidiaries, from here on referred to as the “firm” (the firm could also be referred to as “we”, “us”, “our” and other such adjectives), including its mobile application GlamR/GlamR-AI and website www.glamrbiz.com, from here on is referred to as the “app” or “GlamR App” or “GlamR-AI App” and you from here on will be referred as “you”, “your”, “user” or “customer”.

The agreement must be read by you (user)  completely and well understood before you agree to the terms of use governing any and all relationship in this agreement and  terms of services , products or information and their usage , from here on are referred to as “Terms and conditions”. The user should read, understand and agree to the terms of use which includes those terms and conditions expressly set out below and those incorporated by reference, which you can access by clicking on the relevant link.

DEFINITION OF "MEMBERSHIP"

In order to gain membership to the app enabling the user to participate in the virtual fashion shows offered/ use the software or any other product or services offered by the GlamR App, firm or its associates, they will have to first register themselves with the app.

The registration does not guarantee membership, only after the firm or its representatives deem fit by their own subjective judgement will they grant membership informing you of the same by sending you an e-mail or approving it in the app sign-up process.

The app will have tiers of membership and will charge subscription fee depending upon the features offered in each tier. The app may offer free tier for the users to try the app features before they buy any subscription plan. The app may restrict number of memberships for a calendar year. The app shall not be accepting any newer memberships for the year once that limit is met. 

The right to grant membership is completely reserved by the firm / app and its representatives. Such membership can be terminated by giving instant notice for any subjective reason that they deem fit and by agreeing to the terms of use the user grants its consent for the same.

The server where the software is installed, and the digital wardrobe and fashion-shows hosted will be placed in a strictly non-public / confidential area where the access to the server is completely restricted both physically and virtually. Any person/persons or group that will be authorized to access the server where the fashion-shows are held are not allowed to register themselves as users, thus, not allowed to become members. Such people are not allowed to use the app / participate in fashion-shows or use any other product or service provided by the firm. This is in the interests of promoting fair usage.  Our services and products are not available to anybody under the age of 16 on the day of them applying for membership through the registration process on the app. Also, it is strictly prohibited for any user under the age of 16 to sign-up the app. We reserve the right to request proof of age at any stage to verify that minors are not using the Service and we may exclude a person from app if proof of age is not provided or if the Firm suspects that a person using the Service is under-age. The services and products are not intended for users connecting to the site from jurisdictions that say it is illegal to do so.

DEFINITION OF “Wardrobe”, “Virtual Try On”, "Fashion-Shows"

GlamR provides platform to design new clothing or accessories using Artificial Intelligence. The app creates a digital wardrobe where users can save their designs. Users can also upload photos of the clothing or accessories from the real world. Virtual try on is a feature to try the clothing and accessories using artificial intelligence. Users must accept that artificial intelligence can make errors and the generated images may not be appropriate. Users will have option to delete or not to save images. The app provides virtual Fashion-shows as a competition feature to show-case user created designs or virtual try on images. Participating in fashion-shows is a game of skill as the user requires knowledge and skills of fashion world. Users are required to use their understanding of clothing, accessories and fashion trends to create virtual designs. 

ACCOUNT CREATION AND MAINTENANCE

You may only have one account on our app from here on referred to as “Account”, for which you will register using your own, correct name and age. You may not use the service by means of another person's account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the service by means of any other person's account, we will be entitled to close all Your Accounts and bar you from registering in our app in future immediately. You should ensure that you have read and understood the rules and regulations of the app available through the service, here on referred to as the “terms”. You agree to abide by the rules and regulations of each of the user tiers, wardrobe, virtual-try-on and Fashion-shows as published and periodically changed on the App.

The rules that govern the fashion-shows and services offered by the GlamR App form part of the terms and conditions and they will be available under the “About GlamR” or similar section on the app/website. For all rules, however they may or may not be explicitly mentioned on the app. The user is encouraged to seek clarification by using the customer services offered. The determination decided by the firm and/or its app will be final, and you agree to abide by them by accepting the terms and conditions.

GlamR reserves the right to suspend any account that has an offensive/vulgar username/photos and/or uses abusive/vulgar language/images in the chat window or e-mails.

SHARING OF PASSWORD AND OTHER USER RESPONSIBILITIES

Sharing or distribution of the password with any other user/ person/ group or any third party is strictly prohibited. Firm is not responsible if your account is accessed or opened by others using your password.  You are held legally responsible and liable for all your activities on the GlamR App made from your account. You understand that it is your obligation to protect the information you have provided on the app including, but not limited, to usernames, passwords, email addresses, bank details, and mobile number. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your account on the GlamR App being exposed or misused by any other person or any other harm or loss being suffered by you. You are accountable to obey any applicable law, while taking part in any fashion-show organized through the app. You undertake and agree to indemnify us against any claims, expenses or liabilities suffered by or claimed against us by any person or entity arising out of your non-compliance with any applicable laws. You also understand and accept that your mere membership or participation in a fashion-show available on the app does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your skill as a fashion designer same as other users in the fashion-show and subject to the rules of the fashion-shows.  You acknowledge that your participation in any fashion-show available on the GlamR App is purely voluntary and is at your sole discretion and risk. You understand and acknowledge that once a fashion-show has commenced, you may not be able to make changes in your design. You agree, understand and acknowledge that you will use your account with us solely for the purpose of playing on the app and for any other transactions with us which you may have to carry out with respect to your usage of the services. You understand and acknowledge the fact that we are neither a bank nor a financial institution and that the purchases/subscription do not accumulate any interest. You also agree that you are required to furnish your PAN (Permanent Account Number) duly issued to you by the Income Tax Department, Government of India, as the case may be, to deduct TDS as per the rules and regulations of the government of India. You acknowledge that you are making use of the services knowing that you may face a risk of monetary loss, when using the services and that App shall have no responsibility to you for any such loss that arises in the course of your participation in the fashion-shows. You may not impersonate another person or user, attempt to get a password, other account information, or other private information from a user, or harvest email addresses or other information. In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, We may initiate appropriate legal proceedings against you as well as notify the relevant regulatory or law enforcement authorities where appropriate, apart from suspending or terminating your privileges for the use of the app. You may not sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the app or by using any Services.

INTELLECTUAL PROPERTY

21 Century Gaming holds all rights tangible or intangible for the app and all the services offered on the GlamR App including but not limited to all App generated images, all fashion-shows and other content , promotional material, inter alia all strategic and development plans, ideas , designs, financial conditions, business plans, data banks, information related to technology and process, the technology developed including the software and methodology of usage from here on referred to as “intellectual Property” . The firm is only permitting the user to use the Intellectual property to create virtual designs and participate in virtual fashion-shows and use other services offered and under all circumstances the user is strictly prohibited to use the intellectual capital otherwise, which includes but is not limited to copying, reproducing or transmitting any media known to / or will be known to human kind of the intellectual property.  Capturing screenshots of the app is strictly prohibited as it amounts to IP violation. The user is not being granted any rights whatsoever with respect to the intellectual property by allowing him/her to use the GlamR App and use other services on the GlamR App.

All other trademarks are the property of their respective owners.

GIFTS AND PROMOTIONS 

GlamR app may allow users to reward in-app gifts to other users as a mechanism of promotion and engagement. The cash gifts will be capped and should be used in good spirit. Any misusage trend observed will lead to deletion of the account.

21 Century Gaming shall conduct several promotions from time to time on the GlamR App. Prestigious items from various brands may be offered as prizes in some of these promotions. Unless otherwise mentioned, there is no official tie up between GlamR and the various 3rd party brands. 21 Century Gaming shall simply buy the products mentioned in the promotion and delivering to the winner of the promotion.

By filling your email and mobile number on the app, you are giving 21 Century Gaming the right to contact you by E-mail/Call/SMS/WhatsApp to provide you information on all promotional activity/events conducted by GlamR and its partners. Your e-mail/mobile number will not be used for any third-party communication whatsoever.

DESCRIPTION OF SERVICES OFFERED

21 Century Gaming is a technology firm which through its GlamR App and websites aims at providing gaming, technology and IT services to enable online multiuser gaming in real time.  Besides providing technology and IT services to enable online games of skill, the firm will also create software and technology to enable play of social games, game of skills on multiple technology platform, real time or otherwise.  Such technology will not be sold but the users will be allowed to use it at the sole discretion of the 21 Century Gaming.

The services provided by the GlamR App are only intended to play with skill and for entertainment purpose only. The firm is not responsible for any betting or gambling acts that may take place outside the GlamR App. 21 Century Gaming will charge the users for providing such services. GST is applicable for the services and the service charge collected at the plan subscription will include the GST and other taxes and charges as applicable. The service charge levied is subject to change from time to time and the users will be informed accordingly by answering to such specific request from customer care. We reserve the right to collect service charge at varying rates and at different times for services offered by us. The service charge and applicable taxes may vary as per the changes in the law and we may change the levy of service charge accordingly based on the firm’s discretion.

SOFTWARE USAGE

Our app is a software built for smartphones. Commercial use of the software is strictly forbidden. The User is only allowed to use the software for his/her personal use. Under no circumstances shall a User be permitted to use his/her account with GlamR app for any purpose other than creating designs, sharing the design on social media and participating in virtual fashion-shows. You may open only one account per person. 21 Century Gaming reserves the right to monitor any effort to establish multiple accounts; in the event 21 Century Gaming discovers that you have opened more than one account per person, all additional accounts will be closed immediately without notice and continued violation will result in the termination of any and all of your accounts and 21 Century Gaming may void any associated winnings. The user may not attempt to modify, decompile, reverse-engineer or disassemble the software in any way. The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Software and the Games. All actions taken in relation to the App features by a User must be executed personally by the User through the user interface accessible by use of the app. You agree that 21 Century Gaming may take steps to detect and prevent the use of malicious programs. Such action may include, but is not limited to, the examination of software programs running concurrently with the 21 Century Gaming app on the User's Smartphone.

PAYMENTS AND REFUNDS

When making a payment, please ensure that the instrument used to make the payment is your own and is used to buy a paid subscription plan or a paid feature of the app only.

The app may allow users to try out the fashion-shows for free and learn about the App. The app shall retain the right to grant and withdraw these free entries at any time. 

We offer full refund within 5 business days of buying a paid subscription plan. After 5 business days, we do not offer any refund.

FAIRPLAY AND PREVENTION OF COLLUSION AND FRAUD

GlamR is committed to Promoting FAIR PLAY on the GlamR App. Our Compliance Team will track fashion-shows of all users and strict action will be taken against any user(s) caught indulging in mal-practices, fake voting and/or collusion. 

By Agreeing to the Terms and Conditions of the app, you agree not to indulge in any unfair game practice that might provide undue advantage to you or any other user.  

ELECTRONIC SERVICES PROVIDER

When you use our Services, you will be required to send money to us and may be required to receive money from us. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs) such as (but not limited to) Apple Store or Google Play Store. As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.

THIRD PARTY CONTENT

21 Century Gaming will not stand the use of any abusive or offensive language on our chat boards or any other platforms. Also, you are not allowed to make false or damaging comments about the firm in any media or forum.

We hold the right to reject or delete any text, files, images, photos, video, sounds, or any other material that breaches the terms in accordance with our third-party content policy posted by you on any platform.

Any violation may result in removal of the third-party Content, a suspension of your use of the Services and/or any suitable action as may be required by us to ensure the agreement.

Please beware of phishing attacks, spoofed emails and links from external third-party sources but claiming to be from GlamR or 21 Century Gaming. GlamR/21 Century Gaming is not responsible for such emails/messages and/or any loss arising out of clicking on links contained in them.

DISCONNECTIONS AND TECHNICAL ISSUES

In case of any technical failures, server crashes , breakdowns, software defects, disruption or malfunction of service, as a policy, 21 Century Gaming will cancel the fashion-shows and refund the fashion-show entry fee after proper verification and no prize/benefit will be taken from such fashion-shows and you accept that 21 Century Gaming is not responsible to you in all such cases. 21 Century Gaming is also not liable for any prospective winnings from any incomplete/cancelled fashion-show.

21 Century Gaming does not hold any liability to any disconnection, lag, freeze or interference in network on the user’s Smartphone or any other external networks. 

DISCLAIMERS AND INDEMNIFICATION

By registering, you are considered to have accepted and understood all the Terms and conditions. We recommend that you keep a manual copy of all transactions, rules of playing, cancellation and payment policies. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms and conditions by You does not surrender Our rights to act with respect to any prior, concurrent, subsequent or similar breaches. Any competition or fashion-show organized by us on the GlamR App shall be governed by these Terms and conditions and any additional terms and conditions which may be explicitly defined for a competition or fashion-show.

The firm and/or its GlamR App and/ solely reserve the right to singly change the terms and conditions and update the same on the GlamR App or the website. It is the user’s responsibility to check the updated terms and conditions on a regular basis and to decide whether to continue his membership on this GlamR App or not. At any point of time you may choose to discontinue the use of our GlamR App or any services offered by the firm. If you continue to use the Service/product or the Software, you will be responsible for your acceptance of the changes to this Agreement. If any judicial or quasi-judicial body in India declares any of these Terms or condition to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining Terms and conditions will not be affected. Any such inappropriate Term or condition will be replaced with another term that is valid and enforceable and is in most nearly with effect to the original invalid term.

By agreeing to the terms of use you agree to the fact that the information you have provided to the firm, GlamR App or affiliate on our GlamR App and its affiliates, will be used by the firm and its affiliates as considered appropriate. Our methods of gathering information may change from time to time and our privacy policy may be modified too. These changes will be posted on this page. You can always understand the information we collect, how we use it, and under what circumstances we disclose it.

WARRANTY

The firm disclaims any and all Warranties, expressed or implied, in connection with the software, the site and the games, all of which are provided to the user "AS IS". You access and use the GlamR App at your sole risk. The Firm explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

Without limiting the foregoing, the firm does not represent or warrant:

a) The quality, fitness for purpose, completeness, merchantability, non-infringement or accuracy of the software, the site and the games;

b) The suitability of the information contained in the documents or other information published on this site;

c) Continuous, error-free, secure or virus-free operation of GlamR app or its content including artificial intelligence generated images, software, games, your account or continued operation or availability of any feature on GlamR app;   

d) That the defects in the GlamR App will be corrected;

e) That the GlamR App or the servers that operate the GlamR App are free of viruses or other harmful components;

f) That the data, results and information within the GlamR App will be correct, accurate, adequate, useful, reliable or otherwise; and

g) That the GlamR App will meet your needs, requirements or expectations.

No person affiliated, or claiming affiliation with 21 Century Gaming has authority to extend such Warranties.

You undertake and agree as under: 

(a) The Firm does not promise or ensure that you will be able to access your account whenever you want. It is entirely possible that you may not be able to access your account or the Services provided by the Firm at times or for extended periods of time due to, but not limited to system maintenance and updates;    

(b) You are aware that participation in the games of skill organized by us may result in financial loss to you. With full knowledge of the facts and circumstances surrounding the Activity, you are voluntarily participating in the Activity and assume all responsibility for it and risk resulting from your participation, including all risks of financial loss. The Firm makes no guarantees, warranties, representations, or other promises relative to the Activity, and assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity;  

(c) You agree to indemnify and hold the Firm, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity.  You acknowledge that You are solely responsible for any action that arises from Your participation with this Activity or around this Activity, regardless of occurring before, during or after the period of the Activity;

(d) To hereby save, hold harmless, discharge and release the Firm from any and all liability, claims, causes of actions, damages or demands of any kind and nature, whatsoever, that may arise from or in connection with your participation in the Activity;  

(e) You will be solely responsible for any delay and/or damage to your Smartphone systems or loss of data that results from installation of GlamR App games or software on Your Smartphone and the GlamR App expressly disclaims liability for any such failure delay or failure;

(f) You are solely responsible for maintaining the confidentiality of your account access credentials (i.e. username & password) and financial instruments (i.e. credit/debit card number, Bank account details).

(g) You agree to assume the entire risk as to the results and performance of any software and/or games availed by you on www.GlamRbiz.com. As such, result and performance among other things depends on your Internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download or execute software or games available on www.GlamRbiz.com. The Firm explicitly disclaims liability for any delay or failure to perform resulting from installation of its games or software on your Smartphone.  

(h) You specifically acknowledge, agree and accept that we are not liable to you for:   (i) the defamatory, offensive or illegal conduct of any other user or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another user or otherwise;   (ii) any loss whatsoever arising from the use, abuse or misuse of your account on our GlamR App; (iii) any loss incurred in transmitting information from you to our GlamR App by the internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications' lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our GlamR App;   (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the GlamR App;  

(i) You agree to indemnify, defend and hold the Firm, harmless from all claims, damages and expenses made by any third party arising out of   (a) your content, or   (b) your violation of these Terms or Privacy Policy; or   (c) use of GlamR app by any other person accessing the Services using your username or password, whether or not with your authorization.    

(j) The Firm reserves the right to change, modify or delete the sites, information, and terms & conditions listed on this site or app at any time without prior notice.

LIMITATION OF LIABILITY

You clearly understand and agree that the firm shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential or   exemplary damages. This includes, but  is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other  intangible loss (even if the firm has been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the service, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify us against any claims in respect of any such matter.

GOVERNING LAW AND JURISDICTION

This Agreement shall in all respects be governed, interpreted by, and construed in accordance with the laws of India. All disputes, differences, complaints etc., shall be subject to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The arbitrator will be appointed by the firm after due consent from the firm and the user. The place of arbitration shall be NOIDA, Uttar-Pradesh, India.

There could be instances where the firm is not able to receive prompt updates about the change in applicable laws of your place of stay. Please ensure that any activities you engage on the GlamR App are legal as per the applicable laws. You agree to indemnify and hold harmless the firm or its GlamR App from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

COUPON/BONUS MISUSE

If a user files for redemption on receipt of any bonus, without earning the prize from a fashion-show, the same will be considered as misuse of Bonus. In such case, GlamR reserves the right to forfeit the complete Bonus or same amount may be deducted from real cash or Redemption.

REPORT ISSUE

If you suspect that any user is involved in any type of cheating or malicious activities, you can report to us by sending email us at  support@21centurygaming.com. You can also report the issue from our website.

CONTACT US

Feel free to contact us in case of any questions or concerns; any change in your personal information, 

If you forget your password, or suspect that someone else has learnt and used your password, please send e-mail to us at  support@21centurygaming.com

Live Chat option is also available on our website where you can discuss your issues and queries with our Customer Care representatives. In case of any clarification that you may wish to seek regarding anything related to your GlamR account, please send e-mail to us at support@21centurygaming.com

ACCEPTING THE TERMS OF USE

You hereby accept the fact that you have read, understood and are willing to abide by the above Terms and Conditions.