- GENERAL; SCOPE OF SERVICES
- General: Subject to the terms and conditions herein, the Website and/or the services provided by the Company may enable users to access certain features, functionality, information and services provided by us, which may include, without limitation, providing users with the ability to access and view certain audio-visual content (including, without limitation, video and audio content).
- Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services (or any part thereof) offered through the Website or the design and functionality of the Website, with or without notice and/or reason(s). You agree that Company shall not be liable either to you or to any third party for any modification, suspension or discontinuance of any of the services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.
- ACCOUNTS ON PARTNER PLATFORMS
- Users accessing the services provided by the Company through the Partner Platforms as well as the Creators associated with the Company hereby confirm and acknowledge that they shall be solely responsible for maintaining the confidentiality of their usernames and passwords of their respective accounts on the Partner Platforms. Creators will notify the Company immediately of any unauthorized disclosure or use of their usernames and passwords on Partner Platforms, or if they suspect the privacy of their usernames and passwords has been breached and/or jeopardized. Creators at all times will remain liable for any unauthorized disclosure or use of their usernames and passwords on Partner Platforms. You are cautioned, at your sole liability, to exercise particular care while using public networks/WIFI connection or accessing your account from public computers.
- In relation to channels/accounts on Partner Platforms, users and/or the creators shall not (i) select or use as a user name, a name of another person with the intent to impersonate that person; (ii) use as a user name, a name that is otherwise offensive, vulgar or obscene. Users as well as the Creators will be solely responsible for any and all activity that takes place in or through your account/channel on Partner Platforms.
- Company also reserves the right, either by itself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to you based on the preferences that you identify during the access to the Website and/or the services provided by the Company.
- BRAND RESPONSIBILITIES AND UNDERTAKINGS
Brands and Partner Platforms (collectively referred to as “Brands”) engaging with the Company as it clients in relation to the Website and/or the Services, hereby undertake the following:
- The Brand owns and exercises all rights and permissions to operate their respective platform and/or promote their respective goods and services, as the case may be.
- The use of the Brand’s platform is compliant with all Applicable Laws, rules and regulations contained herein, in particular the Information Technology Act, 2000 and the Rules made thereunder.
- The Brand has validly procured the necessary licenses and permissions to operate its platform and that such licenses shall remain valid and subsisting during its association with the Company.
- The Brand has and will and all times make best efforts to maintain valid licenses and permissions from the respective rights-holders in respect of any third-party intellectual property that forms part of the Brand’s platform, specifically those form of any intellectual property that aid creators in creating content on the Brand’s platform in the manner permitted by the platform.
- The Brand shall ensure that its platform (i.e. website and/or mobile app) is at all times compliant with the Applicable Laws and app store guidelines/policies on which the Brand’s platform shall be available for download.
- The Brand shall implement adequate mechanisms to ensure that the content created by the creators/artists affiliated/nominated/promoted by the Company, is not exploited by any third party outside of the Brand’s platform in any way, manner or form.
- USER CONDUCT
- You are solely responsible for your conduct on and in connection with the Website and the services provided by the Company. We want to keep the Website safe for everyone and the use of the Website for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Website and/or the services provided by the Company, you shall not:
- intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Website and/or the services provided by the Company, any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Website, the services provided by the Company and/or content uploaded on Partner Platforms any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as intellectual property rights, inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
- intentionally or unintentionally engage in or encourage conduct that adversely affects, or reflects negatively on, the Company, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a partner to us in connection with the Website;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the the Website, the services provided by the Company and/or the content uploaded on the Partner Platforms, any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use the Website for unauthorised commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Website, whether or not for financial or any other form of compensation or through linking with another website or web page;
- modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Website or the rights or use or enjoyment of the Website or the services provided by the Company, by any other user;
- impersonate any person or entity, including, without limitation, a Company official, or falsely state or otherwise represent your affiliation with any person or entity, or transmit or otherwise make available on, through, or in connection with the Website false or misleading indications of origin, information or statements of fact;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Website;
- solicit passwords or personal identifying information for commercial or unlawful purposes from other users, solicit users for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping,”, “phishing”, “database scraping,” or any other activity with the purposes of obtaining lists of users or other information; or use or launch any automated systems, including, without limitation, “spiders,” “robots,” or “offline readers,” that access the Website and/or the services provided by the Company, in a manner that sends more request messages to the Company servers in one given period of time than a human being can reasonably send in the same period of time by using a conventional online web browser;
- knowingly or unknowingly be involved in activities that threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- infringe any patent, trademark, copyright or other proprietary rights;
- violate any law for the time being in force including provisions of the Information Technology Act, 2000 and the rules and regulations framed thereunder including but not limited to Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- PROPRIETARY RIGHTS
- Ownership: As between you and Company, Company owns, solely and exclusively, all right, title and interest in relation to the Website provided by it and all Company Content contained and/or made available on, through or in connection therewith, and the Website is protected, without limitation, under the applicable Indian laws, as well as applicable foreign laws, rules, regulations and treaties. The term “Company Content” includes, without limitation, all audio content, video content (and the sound recordings and musical compositions embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Website, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Website). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term Website includes Company Content as well.
- UPLOADING OF CONTENT AND INFORMATION
The Company advises its users to ensure that any and all content and information uploaded by any user while using the Website is in compliance with and does not violate any of the provisions of these Terms. The Company reserves the right to filter any and all content and information as shared with the Company and any decisions of the Company in this regard and filtering of any content and information would be final and binding on the users of the Website.
- USER REPRESENTATIONS AND WARRANTIES
You acknowledge, represent and warrant to the Company as follows:
- You will be solely responsible for your use of the Website including content, material and information posted, published, submitted or otherwise disseminated by you through the Website or Partner Platforms. You will use the Website legally and only for the purposes that it is intended to be used for.
- You will be solely responsible for obtaining and maintaining third party consents for content, material and information of any third party posted, published, submitted or otherwise disseminated by you through the Website. You will not, for example, be in breach of any obligations, contractual or statutory, to which you are subject or governed.
- You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- You will be fully responsible for your use of the Website and/or the services provided by the Company.
- You acknowledge that the internet or the Company’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of Company. You acknowledge that Company will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.
- LIABILITY DISCLAIMER
- The Company shall not be responsible for interactions between users of the Website or be held liable for any harm or damage you may experience because of these interactions. It is advisable for users to be responsible and take necessary precautions when interacting with other users.
- We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guarantee due to the actions of any user in relation to Website, services provided by the Company and/or Partner Platforms.
- The Website is provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Website including its uninterrupted, timely, secure or error-free provision or correction of any errors.
- You agree to indemnify and hold the Company and/or its affiliates, service providers, licensors, etc., and each of their officers, directors, employees, agents and representatives harmless from and against any claims, suits, proceedings, disputes, demand, liabilities, damages, losses, costs and expenses (including without limitation, reasonable legal and accounting fees) in any way related to or arising out of:
- your access to or use of the Website;
- any information, content, etc., uploaded by you in relation to the Website;
- infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity.
- LINKS TO THIRD PARTY SITES
- The Website may contain hyperlinks to websites and Partner Platforms operated by parties other than the Company. Such hyperlinks are provided for your reference only. Company does not control such websites and is not responsible for their contents. Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material or content on such websites or any association with their operators.
- Company and/or its business partners may also present advertisements or promotional materials on or through the Website. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Website would be solely between you and such third-party. You hereby confirm and acknowledge that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on this Website.
- From time to time, you may choose to communicate or interact with, or from, advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Website or a hyperlinked site, service or Partner Platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
- INTERMEDIARY STATUS AND GRIEVANCE OFFICER
- Any and all communication relating to any data safety, privacy, Website concerns or grievance experienced by the User may be communicated to Company by contacting our “Grievance Officer”, established in accordance with the Applicable Laws, using the contact details provided below:
Name: Nayona Roy
Address: Qyuki Digital Media Pvt. Ltd., 2 nd Floor, Hari Niwas Building, 30 th Cross Road,
Bandra West, Mumbai 400050
Email Address: email@example.com
- As required under the Applicable Laws, the Grievance Officer shall acknowledge the complaint expeditiously and resolve the issue within a period of fifteen days from the date of the receipt of the complaint.
- Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and some of our subsidiaries and affiliates, servers, vendors and service providers may not be located in your jurisdiction.
- TERMINATION OF ACCESS
- No Waiver. Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.
- Any rights not expressly granted herein are reserved.
© 2021 Qyuki Digital Media Private Limited. All rights reserved.