For purposes of this Agreement, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Website, including the User Content (as defined hereinafter).
1. Information about us and the Website
The Website is owned and operated by Sonali Saxena
A-236, 2nd Floor, MIG Flats,
Brij Vihar, Ghaziabad – 201011
The Website is a media platform which enables users to read, create, submit, post, or display the Content on or through the Website (“User Content”).
2. Access to the Website
- Our Website allows users to create and post content to the Website. Any Content which you have publicly posted or published on or through our Website shall be publicly available by default, and your profile information may appear on the Website as the creator thereof.
- If you wish to be a contributor of Content, the Website may require you to create a user account by voluntarily providing your information such as your name, email address etc. or by logging in to your account in another service (such as Facebook, Twitter and Google, as the Company may in its discretion determine). You may further voluntarily provide us with additional information such as your date of birth, gender, location, profile picture and friend list. Such personal information will only be used to operate, maintain, enhance and provide you with User Content.
4. User Content
- You hereby represent, warrant and covenant to the Company that all User Content submitted or posted by you shall be original content, developed solely by you through necessary research, review of facts and other bona fide means, and shall be of a high quality level in accordance with the best industry practices. Such Content must not infringe the rights of any third party, including any intellectual property rights, rights of publicity, rights of privacy, rights to payment of royalties and residuals; or result in any tort, injury, damage or harm to any third party.
- While you retain certain inherent rights to the User Content under applicable law, and the Company shall credit you for your contribution to the relevant User Content, by submitting or posting User Content, you grant us an irrevocable, royalty-free, license to use, display, copy, reproduce, process, modify, delete from, add to, prepare derivative works of, publish and distribute any such User Content and all intellectual property rights associated therewith, throughout the world in any media formats, without any obligation to make any payment to you or others or to give you credit for the same.
- Any User Content submitted or posted by you shall undergo a screening process. This process includes review and modifications to the User Content by our in-house editorial team. We may consult and communicate with you in respect of any such modifications required in the User Content submitted or posted by you.
- We may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media.
- You further grant us the right to use your name under the license contained in this clause 4.1 in association with your User Content and the promotion and advertising thereof. You also waive any right to inspect or approve any final version of the User Content.
- Our objective is to constantly identify and seek new channels/avenues to increase our user/readership/audience. In furtherance thereto, from time to time we engage/partner with third party websites to share and republish the User Content. To this effect, you grant us the unconditional right to share the User Content with other third party websites.
5. Representations and Warranties of Users
- You represent that all the information provided by you is and shall be true, correct and accurate and you shall inform us of any change/ amendment in such information from time to time.
- Notwithstanding the Company’s right to review any User Content submitted or posted by you from time to time, you shall not seek to host, display, upload, modify, publish, transmit, update or share any User Content that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) infringes any patent trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with friendly states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- You will not misuse your right to the Website by introducing viruses, trojans, worms or other material likely to cause harm to the Website and shall indemnify and keep us indemnified in case any action is initiated against us due to any loss, injury, expenses or liability caused to any other user of the Website or any third party. You shall further not gain any unauthorised access to the Website or on any other source to our Website.
- You shall not: (i) take any action that imposes or may impose (as determined by us at our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run any form of auto-responder or “spam” on the Website; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Website; (vi) harvest or scrape any Content from the Website; or (vi) otherwise take any action in violation of our guidelines and policies and shall keep us indemnified in case any loss, injury, expenses or liability caused to us.
6. Our rights in relation to the Website
- We have the right to discontinue or change our Website at any time and shall not be liable for the same.
- We may delete your account or cancel access to the Website for any reason whatsoever, at any time at our discretion. We may also suspend or limit your access to the Website as and when may be considered necessary. For the aforesaid, we will make reasonable efforts to notify you and inform you of such an action and the reasons thereof, in any.
- With reference to Clauses 7.1, 7.2 and 7.3, you agree and understand that we shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Website.
- We reserve the right to, but do not have any obligation to, (i) remove, refuse to distribute, edit, modify or otherwise manipulate any Content at our sole discretion, at any time, without notice to you or for no reason at all, and (ii) to remove or block any Content from the Website.
7. Intellectual Property Rights
- The Website may contain Content specifically provided by us, our partners or other users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
- When you visit our Website, we give you a limited license to access and view Content for informational and personal use.
- You are not permitted to delete or change any copyright symbol, trademark or other proprietary details contained on the Website. You shall not use our information for any other purpose other than for the aforesaid. You agree that any use of the proprietary information displayed on the Website shall infringe our intellectual property rights for which you shall indemnify us.
- We have intellectual property rights in all Content displayed on the Website including graphics, logo, and software that is either owned or licensed to us other than any third party contents which are specifically identified as such. Any infringement of our intellectual property rights shall be governed by the applicable law in India.
- The license to access and use the Website does not include the right to copy or reproduce the information of our Website on any other platform or medium, without our prior written permission.
- Except where otherwise specified, any word, logo or device to which is attached the symbols ™ or ® shall be considered as a registered trademark that is either owned by us or which we have license to use. The right to use the Website does not give a license to use those trademarks in any way.
8. Linked Parties /Partners/Partner Media Campaigns
- We are a socially responsible online media platform and this gives us the opportunity to partner with non-governmental organisations, corporate entities etc. to collaborate on specific online media campaigns (“Partner Media Campaigns”) for the purpose of awareness and promotion on various social and economic issues of the country.
- Such Partner Media Campaigns are developed, designed and created by us in partnership with our partners and associates from time to time.
- We do not endorse any views expressed on such Partner Media Campaigns. We are not responsible for any User Content posted on such Partner Media Campaigns. You understand that the inclusion of Partner Media Campaigns on the Website is not intended as an endorsement or recommendation of any Content.
9. Disclaimers and Limitation of Liability
- You agree and understand that the use of the Website is at your own risk. The Website is being made available to you on an “as is” and “as available” basis without providing any warranties, guaranties or conditions as to the usage being free from any faults, defects, interruptions, errors, viruses or to the accuracy, reliability, availability of any Content. You agree and understand that we shall not be responsible for any interference or damage that may be caused to your computer resource which arises in connection with your access to our Website.
- You also agree and understand that the information displayed on the Website is for information purposes only and does not to amount to any advice.
- To the extent permitted by applicable law, we disclaim our liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records, whether due to breach of contract, negligence, tort or due to other cause of actions.
- Further, in no circumstances shall we be responsible for any loss of profits, goodwill, revenue, consequential, exemplary, punitive damages or any financial or indirect loss arising out of the use of the Website.
- We do not endorse any views expressed on the Website and are merely a platform for users to generate and display relevant Content. As such, we are not responsible for any User Content posted on the Website and do not endorse or subscribe to the views contained in any User Content.
11. Governing Law and Dispute Resolution
- Governing Law
- Informal Dispute Resolution
- No partnership or agency
- Specific Performance
- Non-Exclusive Remedies
The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any of us may otherwise have at law or in equity.