- 1.1This website (www.talentidols.com) and the online talents and contests platform featured on this website are the property of Kalsoft FZ LLC, a company incorporated and existing under the laws of the Emirate of Dubai in the United Arab Emirates and whose address is at Suite 305, Block A, Office Park Building, Dubai Internet City, Dubai, United Arab Emirates.
- 2.2You will be deemed to have accepted such changes by continuing to use the Platform.
- 2.3Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted.
- 2.4Kalsoft may also revise other policies, codes or rules or guidelines at any time, and Kalsoft will use its reasonable endeavours to make the new versions available on the Platform.
- 2.6Except as stated above, this agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
3. Limited licence to use the Platform
- 3.3You are responsible for any fees, including internet connection or mobile fees that you incur when accessing or using the Platform.
4. Restrictions on use of the Platform
- 4.1The following restrictions apply to the use of the Platform:
- 4.1.1You shall not create an Account or access the Platform if you are under the legal age of majority in the jurisdiction of your domicile or from which you access the Platform from time to time;
- 4.1.2You shall monitor your Account to restrict use by minors, and you will deny access to persons under the legal age of majority in the jurisdiction of your domicile or from which you access the Platform from time to time. You accept full responsibility for any unauthorised use of the Platform by persons under the legal age of majority. You are responsible for any use of your credit card or other payment channel by minors in connection with the Platform;
- 4.1.3You shall not create an account using a false identity or information, or on behalf of someone other than yourself;
- 4.1.4You shall not create an Account or use the Platform if you have previously been convicted in any jurisdiction of any sexual offences or offences relating to immorality;
- 4.1.5You shall not have an Account or use the Platform if you have previously been removed by Kalsoft, or previously been banned from using the Platform;
- 4.1.6You shall use your Account only for non-commercial entertainment or permitted commercial purposes;
- 4.1.7You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
- 4.1.8You shall not use your Account to engage in any illegal or immoral conduct in any jurisdiction;
- 4.1.9You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any benefits or privileges associated with your Account to anyone without Kalsoft’s written permission;
- 4.1.10You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Kalsoft’s permission.
5. Account Information
- 5.2You understand and agree that on certain Kalsoft websites your user identification, name and profile picture will be publicly available and that search engines may index your name and profile photo.
6. Username and Password
- 6.1During the Account creation process, you will be required to select a user name and password ("Login Information").
The following rules govern the security of your Login Information:
- 6.1.1Unless account sharing is specifically permitted by Kalsoft (such as in the case of corporate Accounts) you shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the case of corporate Accounts, sharing of the use of such Account shall only be permitted among the duly authorised representatives of the Account holder;
- 6.1.3You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorised by you;
- 6.1.4You are responsible for any transactions undertaken through your Account.
- 6.2Kalsoft reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
7. Acceptable Use
- 7.2You agree that you will not, under any circumstances:
- 7.2.1engage in any act that Kalsoft deems to be in conflict with the spirit or intent of the Platform, including but not limited to circumventing or manipulating these Terms, any contest or promotion rules or policies;
- 7.2.2make improper use of Kalsoft’s support services, including by submitting false misuse reports;
- 7.2.3use the Platform in connection with any violation of any applicable law or regulation in any jurisdiction, or do anything that promotes the violation of any applicable law or regulation in any jurisdiction; or
- 7.2.5send or cause to be sent (directly or indirectly) unsolicited bulk messages or other unsolicited communications of any kind through the Platform.
- 7.3You agree that you will not, under any circumstances:
- 7.3.1use cheats, exploits, automation software, bots, hacks, mods or any unauthorised third-party software designed to modify or interfere with the Platform or any service or content made available on the Platform or interfere with systems and services owned or operated by third parties or content made available on third party platforms;
- 7.3.2use the Platform in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorised third-party software designed to modify or interfere with the Platform or any service or content made available on the Platform or third party systems, services or platforms;
- 7.3.3without Kalsoft’s express written consent, modify or cause to be modified any files that are a part of the Platform or any service or content made available on the Platform;
- 7.3.4disrupt, overburden, or aid or assist in the disruption or overburdening of (i) any computer or server used to offer or support the Platform (each a "Server"); or (ii) the enjoyment of the Platform by any other person; or (iii) the computers or servers or services of third parties.
- 7.3.5institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Platform or attacks or virus distributions on third party networks, or other attempts to disrupt the Platform or any other person’s use or enjoyment of the Platform or to disrupt the platforms and systems or services of third parties or the use of such third party platforms; or
- 7.3.6attempt to gain unauthorised access to the Platform, Accounts registered to others or to the computers, Servers, or networks connected to the Platform by any means other than the user interface provided by Kalsoft, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Platform.
- 7.4You agree that you will not, under any circumstances:
- 7.4.1post any information that is abusive, threatening, misleading, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive or is intended or could be deemed intended to exploit or endanger a minor or any other person;
- 7.4.2post any information that contains nudity, sexually explicit material, violence, degrading treatment against human beings, abuse or mistreatment of animals, or any other offensive subject matter of any nature or promotes practices or the use of products or services that are prohibited by law or that contains a link to such content;
- 7.4.3attempt to, or harass, stalk, abuse, or harm, or impersonate or advocate or incite harassment, abuse, or harm of or procure impersonation of another person, group, including Kalsoft employees, including Kalsoft’s customer service representatives except as may be permissible under applicable laws;
- 7.4.4make available through the Platform any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, image rights or other right of any person or entity or impersonates any other person, including without limitation a Kalsoft employee (except as may be permissible under applicable laws);
- 7.4.5post, upload or otherwise transmit an image or video of another person without that person’s consent; or
- 7.4.6disclose personally identifiable information of any person without their consent.
- 7.5You agree that you will not, under any circumstances:
- 7.5.1without Kalsoft’s express written consent, use the Platform, or any part thereof for any commercial purpose, including but not limited to, (i) permitting, authorising, or offering use of the Platform or any part thereof at a cyber café, computer gaming centre or any other commercial establishment provided however that, for clarity, providing the means for users to access the Internet is not prohibited by the forgoing, or (ii) communicating or facilitating any commercial advertisement or solicitation; or
- 7.5.2transmit unauthorised communications through the Platform, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
- 7.6You agree that you will not, under any circumstances:
- 7.6.2use any unauthorised third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Platform or that is in transit from or to the Platform, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Platform. Kalsoft may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- 7.6.3intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Platform, whether through the use of a network analyser, packet sniffer or other device;
- 7.6.4make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- 7.6.5bypass any robot exclusion headers or other measures we take to restrict access to the Platform or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Platform, or harvest or manipulate data;
- 7.6.6use, facilitate, create, or maintain any unauthorised connection to the Platform, including without limitation (1) any connection to any unauthorised server that emulates, or attempts to emulate any part of the Platform, or (2) any connection using programs, tools, or software not expressly approved by Kalsoft;
- 7.6.7reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform or obtain any information from the Platform using any method not expressly permitted by Kalsoft; or
- 7.7You agree that you will not, under any circumstances:
- 7.7.1solicit or attempt to solicit personal information from other users of the Platform without their consent; or
- 7.7.2collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Platform (unless the relevant user has consented to their private or personally identifiable information being accessed by other users of the Platform; or
- 7.7.3upload or transmit (or attempt to upload or to transmit), without Kalsoft’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
8. Suspension, Termination of Account and Service and Deactivation of Account
- 8.2You can lose your user profile and account information as a result of account termination or limitation, as well as any benefits or privileges associated with your use of the Platform, and Kalsoft is under no obligation to compensate you for any such losses or results.
- 8.3Without limiting our other remedies, we may limit, suspend or terminate the use of the Platform and user accounts or portions thereof, prohibit access to the Platform and any of our sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Platform if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights or privacy or image rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances, without notice to you and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers of third party intellectual property or privacy rights.
- 8.4Kalsoft reserves the right to stop offering and/or supporting the Platform or a particular part of the Platform at any time, at which point your licence to use the Platform or a part thereof will be automatically terminated. In such event, Kalsoft shall not be required (but without prejudice to any accrued rights of either party) to provide refunds, benefits or other compensation (including rewards or privileges associated with your use of the Platform from the time that your Account was created) to users in connection with such discontinued services.
- 8.5Termination of your Account can include disabling your access to the Platform or any part thereof including any content you submitted or others submitted.
- 8.6You acknowledge and confirm that no liability to you shall accrue against Kalsoft by reason solely of Kalsoft having exercised its rights and remedies pursuant to this clause 8.
- 8.7You may, by appropriate electronic notification to Kalsoft through the Platform, temporarily de-activate your Account using the account deactivation features of the Platform. Upon deactivation, other users of the Platform will not be able to view your profile but may view your activity history including but not limited to your profile picture, created competitions, videos, achievements, comments, likes, votes, friends and all other different types of content you have published during your active tenure on the Platform. In addition, upon notification of an account deactivation to Kalsoft, Kalsoft shall cease sending promotional or marketing alerts to a user whose account remains de-activated (althout Kalsoft may in its sole and absolute discretion, continue to send such notifications as Kalsoft considers necessary for its Platform administration purposes). A user's Account may remain de-activated for such period of time as Kalsoft may from time to time permit. During the permitted de-activation period, the user may re-activate the user's Account at any time using the relevant account re-activation function of the Platform. Following the expiry of any permitted period of deactivation, Kalsoft may without further reference to the user, terminate service and access to the Platform to such user and Kalsoft shall not be liable to the user for any loss or damage or any other claims as a consequence of such termination.
- 9.1The Platform (including without limitation any computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, chat transcripts and the server software) are copyrighted works owned by Kalsoft or its affiliates. Kalsoft reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Platform.
- 9.2Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Kalsoft.
- 9.3Kalsoft reserves the right to terminate without notice any account that has been inactive for ninety (90) days.
- 9.6You hereby grant Kalsoft a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited licence, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content or any unsolicited submissions or ideas or concepts or proposals or suggestions as well as all adapted, modified and derivative works thereof. To the extent permitted by applicable laws, you hereby irrevocably waive any moral or other rights you may have in any User Content or any unsolicited submissions or ideas or concepts or proposals or suggestions as well as all adapted, modified and derivative works thereof. Kalsoft shall be under no obligation to delete your User Content or any unsolicited submissions or ideas or concepts or proposals or suggestions as well as all adapted, modified and derivative works thereof when your Account is closed. You acknowledge and accept that User Content may persist in back-up copies.
10. User Content
- 10.1Kalsoft assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Platform for inappropriate content or conduct.
- 10.3If at any time Kalsoft chooses, in its sole discretion, to monitor the Platform, Kalsoft nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
- 10.4The Platform may include various forums, blogs, chat, video upload and download features where you can post User Content, including your observations and comments on designated topics. Kalsoft cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Platform. Kalsoft shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
- 10.5Kalsoft is not responsible for a member’s misuse or misappropriation of any content or information you post in any forums, blogs and chat rooms.
- 10.8Kalsoft reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Platform.
- 10.9Kalsoft reserves the right to make copies of User Content and to store User Content in or transmit User Content to servers or other storage facilities (including cloud-computing based facilities) based outside your jurisdiction or the jurisdiction in which Kalsoft is registered. Such storage or transmission shall be in Kalsoft’s sole discretion.
12. Disputes between users
- 12.1You are solely responsible for your interactions with other users of the Platform and any other parties with whom you interact through the Platform. Kalsoft reserves the right, but has no obligation, to become involved in any way with these disputes.
- 12.2If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries and other affiliates and our employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. Payment of Fees
- 13.1You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Kalsoft may revise the pricing for the goods and services offered through the Platform at any time.
- 13.2(Without prejudice to any of your accrued rights) it is acknowledged and agreed that Kalsoft is not required to provide a refund for any reason, and that you will not receive money or other compensation when an Account is closed, whether such closure was voluntary or involuntary.
14. Third Party Advertising
- 14.2Kalsoft may provide links on the Platform to third party websites or vendors who may invite you to participate in promotions. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Kalsoft makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from the Platform, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Kalsoft and may collect data or solicit personal information from you. Kalsoft is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Kalsoft of these linked sites.
15. Copyright notices/complaints
- 15.1Kalsoft reserves the right to respond in such manner as it deems appropriate for purposes of protecting its legitimate interests to any notices received by Kalsoft alleging the infringement of the copyright or other intellectual property rights of a third party. Kalsoft reserves the right to terminate without notice any User's access to the Platform if that User is determined by Kalsoft to be infringing other parties’ copyright or other intellectual property rights.
- 15.2In addition, you acknowledge and agree that Kalsoft accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
16. Updates to the Platform
- 16.1You acknowledge and agree that Kalsoft may require that you accept updates to the Platform from time to time. You acknowledge and agree that Kalsoft may update the Platform with or without notifying you. You agree that you may need to update third party software from time to time in order to continue to receive the benefit of the Platform.
17. Disclaimers / limitations / waivers / indemnification
- 17.1You expressly agree that use of the Platform is at your sole risk and is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose or representations or warranties as to the integrity or confidentiality of any information supplied or transmitted through the Platform.
- 17.2Without limiting the foregoing, neither Kalsoft nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, "Kalsoft Parties") warrant that the Platform will be uninterrupted or error-free and you acknowledge and agree that neither Kalsoft nor any of the Kalsoft Parties shall have any liability to you as a consequence of any interruption or errors in transmissions through the Platform or in the uploading or downloading or access of content on the Platform.
- 17.3You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Platform under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that the Kalsoft Parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the Platform.
- 17.4You further specifically acknowledge that the Kalsoft Parties are not liable, and you agree not to seek to hold the Kalsoft Parties liable, for the conduct of third parties, including other users of the Platform and operators of external sites, and that the risk of the Platform and external sites and of injury from the foregoing rests entirely with you. In particular, but without limitation to the foregoing, you acknowledge and agree that it may be possible for other users to adopt, modify, change, re-use or copy your user-generated content or ideas or concepts and exploit the same for their commercial benefit (whether such User Content or ideas or concepts are subject to intellectual property protection or not) whether on the Platform or otherwise and that Kalsoft shall not be liable to you for any loss or damage you may suffer as a consequence of such exploitation of your user-generated content by third parties.
- 17.5Under no circumstances will the Kalsoft Parties be liable to you for more than the amount you have paid Kalsoft in the three hundred and sixty five (365) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid Kalsoft any amounts in the three hundred and sixty five (365) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Kalsoft is to stop using the Platform and to cancel your Account.
- 18.2You acknowledge and agree that your use of the Platform is permissible under the laws of your jurisdiction and agree to indemnify and hold harmless Kalsoft from any claims, losses, damages or liability arising from any use or access to the Platform or any content which you may upload being unlawful under the laws of your jurisdiction.
- 18.3You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Platform.
19. Dispute Resolution
- 19.3You agree that the courts of the Emirate of Dubai in the United Arab Emirates (and where applicable the federal courts of the United Arab Emirates) are the most appropriate and convenient courts to settle Disputes and accordingly will not argue to the contrary.
- 19.4You agree that clauses 19.1, 19.2 and 19.3 are for the benefit of Kalsoft only. As a result, Kalsoft shall not be prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction and you irrevocably submit to the jurisdiction of any such court. To the extent allowed by law, Kalsoft may take concurrent proceedings in any number of jurisdictions.
- 19.5You shall give no less than thirty (30) business days’ notice in writing to Kalsoft of intention to commence court proceedings. Before the commencement of court proceedings or within fourteen (14) days of receipt of any notice of commencement of legal proceedings Kalsoft may by notice in writing require that all Disputes or a specific Dispute be referred to arbitration, in which case the provisions of clause 19.8 shall thereafter apply.
- 19.7You consent to service of process or any other documents in connection with proceedings in any court by fax, personal service, delivery at any address specified for purposes of opening and/or maintaining your Account or any other usual address, mail or in any other manner permitted by the laws of the Emirate of Dubai, federal laws of the United Arab Emirates, the law of the place of service or the law of the jurisdiction where proceedings are instituted.
- 19.8If pursuant to clause 19.5 Kalsoft chooses to resolve a Dispute by arbitration then such Dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause 19.8. The number of arbitrators shall be one (1) and shall be chosen by the London Court of International Arbitration. The seat of arbitration shall be the Dubai International Financial Centre, Dubai, United Arab Emirates. The language to be used in the arbitration shall be English. You and Kalsoft irrevocably submit to the non-exclusive jurisdiction of the courts of the Dubai International Financial Centre solely in order to support and assist the arbitration process pursuant to this clause 19.8 including if necessary the grant of interlocutory relief pending the outcome of that process. The decision of the arbitrator shall be conclusive, final and binding upon the parties.
21. General Provisions
The Legal Department
Kalsoft FZ LLC
Suite 305, Block A
Office Park Building
Dubai Internet City
P.O Box 500269
United Arab Emirates
- 21.8Any notices that you provide without compliance with Clause 21.7 shall have no legal effect.
22. Injunctions and similar remedies
- 22.2You irrevocably waive all rights to seek injunctive or other similar reliefs, or to enjoin or restrain the operation of the Platform, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Platform or any content or other material used or displayed through the Platform and agree to limit your claims (if any) to claims for monetary damages, limited by clause 17.5.
23. Force Majeure
- 23.1Kalsoft shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Kalsoft, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kalsoft’s control such as system error or malfunction, unavailability of internet connectivity, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.