These Terms of Service ("Terms") govern your access to and use of the content sharing, social
networking platform ("Service") made available on the mobile application branded “Indishots” and
the website https://www.indishots.com (“Platform”) .By accessing the Platform and using the Service, you agree to
these Terms of Service (“Terms”). Your access to and use of the Service is conditioned on your
acceptance of and compliance with these Terms. Therefore, please read these
Terms and Privacy Policy carefully before using or registering on the Platform.
If you do not agree with these Terms, please do not access the Platform and use the Service. These Terms along with the
Privacy Policy constitute a binding agreement and an electronic record under
the Information Technology Act, 2000 and the rules thereunder and the amended
provisions pertaining to electronic records under various Indian statutes.
1.
Eligibility
and Access
1.
The
Service is not available to minors i.e. persons under the age of 18 (eighteen)
years or to any users suspended or removed from the Service for any reason
whatsoever. You represent that you are of legal age to form a binding contract
and are not a person barred from using or accessing the Platform under the
applicable laws of India. You may use the Service only in compliance with these
Terms and all applicable local, state, national, and international laws, rules and regulations.
2.
The
Service is always evolving and the form and nature of
the Service may change from time to time without prior notice to you. In
addition, the Company may stop (permanently or temporarily) providing the
Service (or any features within the Service) to you or to users generally and
may not be able to provide you with prior notice. The Company also retains the
right to create limits on use, storage and features at
its sole discretion at any time without prior notice to you.
3.
In
consideration for the Company granting you access to and use of the Services,
you agree that the Company and its affiliates, group companies, third party
providers and partners may place advertisements on the Service or in connection
with the display of Content. The types and extent of advertising on the
Platform are subject to change.
2.
Privacy
Any information that you provide to the Company is subject
to the Privacy Policy, which governs
the collection and use of your information.
3.
User
Account, Passwords and Security
4.
In
order to use the Service, you will have to register on the Platform by
providing certain details about yourself, including your name, email address
and such other details as may be required and create an account (“Account”). You may register on the Platform by
logging into your Account with your credentials from certain third-party email
networks or social networking sites. You confirm that you are the owner of any
such third-party account and that you are entitled to disclose your third-party
account login information to the Company. You
authorize the Company to collect your authentication information, and other
information that may be available on or through the third-party account
consistent with your applicable settings and instructions. The Company reserves
the right to refuse access to the Service to new users or to terminate access
granted to existing users at any time without according any reasons for doing
so. You shall not have more than one active Account on the Platform.
Additionally, you are prohibited from selling, trading, or otherwise
transferring your Account to another party.
5.
You
shall ensure and confirm that the Account information provided by you is
complete, accurate and up-to-date. If there is any
change in the Account information, you shall promptly update your Account
information on the Platform. If you provide any information that is untrue,
inaccurate, not current or incomplete (or becomes untrue, inaccurate, not
current or incomplete), or if the Company has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, the
Company has the right to suspend or terminate your Account and refuse any and
all current or future use of the Service (or any portion thereof) at its
discretion, in addition to any right that the Company may have against you at
law or in equity, for any misrepresentation of information provided by you.
6.
You
are responsible for maintaining the confidentiality of the Account information,
safeguarding the password or credentials that you use to access the Service and
for any activities or actions under your Account. You are encouraged to use
"strong" passwords (passwords that use a combination of upper and
lower-case letters, numbers and symbols) with your Account and with other
accounts that you may connect to your Account (such as Facebook, Twitter or
your email).
7.
You
agree to (a) immediately notify the Company of any unauthorized use of your
Account information or any other breach of security, and (b) ensure that you
exit from your Account at the end of each session. The Company cannot and will
not be liable for any loss or damage arising from your failure to comply with
the above requirements. Further, the Company will not be liable for any loss
that you may incur as a consequence of unauthorized
use of your Account either with or without your knowledge.
8.
You
may be held liable for losses incurred by the Company or any other user of or
visitor of the Platform due to authorized or unauthorized use of your Account
as a result of your failure in keeping Your Account information secure and
confidential.
4.
Acceptable
Use
9.
The
Service permits you to upload, post, transmit, store
or download Content, connect with other users of the Service, transmit messages
or Content personally to other users specifically, or to all users at large.
You are permitted to download only Your Content within the Service and cannot
and shall not download or store Content shared by other users within the
Service or on your device.
10.
In
connection with the use of the Service and Platform, you agree that you will
not:
1.
violate
any law, regulation, or court order;
2.
violate,
infringe, or misappropriate the intellectual property, privacy, publicity,
moral or "droit moral," or other legal rights of any third party;
3.
take
any action (even if requested by another) that is, or submit, host, post,
display, upload, modify, publish, transmit, update, share, or communicate
anything that is, or that incites or encourages, action that is, explicitly or
implicitly: illegal, harmful, abusive, harassing, threatening, hateful,
racially or ethnically objectionable, derogatory, harmful to any reputation,
disparaging, defamatory, libelous, pornographic, indecent, profane, obscene, paedophilic or otherwise objectionable (including nudity),
blasphemous, invasive of another's privacy, or relating or encouraging money
laundering or gambling;
4.
harms
minors in anyway;
5.
send
advertising or commercial communications, including spam, or any other
unsolicited or unauthorized communications;
6.
send
communication that deceives or misleads the addressee about the origin of such
messages or communicates any information which is offensive or menacing in nature;
7.
engage
in spidering or harvesting, or participate in the use of software, including
spyware, designed to collect data from the Platform, including from any user of
the Service;
8.
transmit
any virus, other computer instruction, or technological means intended to, or
that may, disrupt, damage, or interfere with the use of computers or limit the
functionality of any computer resource or related systems;
9.
stalk,
harass, threaten, or harm any third party;
10.
impersonate
any third party;
11.
participate
in any fraudulent or illegal activity, including phishing, money laundering, or
fraud;
12.
use
any means to scrape or crawl any part of the Platform;
13.
access,
tamper with the Content, computer systems, or the technical delivery systems of
the Platform or its service providers;
14.
probe,
scan, or test the vulnerability of any system or network or breach or
circumvent any security or authentication measures;
15.
access
or search or attempt to access or search the Content and/or Services by any
means (automated or otherwise) other than through currently available,
published interfaces that are provided on the Platform (and only pursuant to
these Terms);
16.
attempt
to circumvent any technological measure implemented by the Company, any of its
service providers, or any other third party (including another user) to protect
the Company, the Platform, users or any other third party;
17.
access
the Platform to obtain information to build a similar or competitive
application, or service;
18.
attempt
to decipher, decompile, disassemble, or reverse engineer any of the software or
other underlying code used as part of the Platform;
19.
send
communication that threatens the unity, integrity, defense, security or
sovereignty of India, friendly relations with foreign states, or public order
or causes incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation;
20.
advocate,
encourage, or assist any third party in doing any of the foregoing.
11.
The
quality of the Content may vary from device to device, and may be affected by a
variety of factors, such as your location, the bandwidth available through
and/or speed of your internet connection. You are responsible for all internet
access charges. Please check with your internet provider for information on
possible internet data usage charges.
5.
Content
12.
Users
of the Service may upload, post or transmit or
otherwise make available content through the Service any content including
text, images, photographs, videos, sound recordings and underlying works
embodied therein (“Content”). The Service enables you to
incorporate certain sound recordings, images etc. as part of the Content. The
Content should, at all times, be compliant with the
standards set out in section 4 above. Similarly, the Service allows Users
to access Content uploaded, posted or transmitted by
other Users.
13.
In the
event the Content contains any third party brands,
trademarks, logos etc., (“Branded Content”) you are required to procure necessary permissions,
licenses directly from such third parties. All Branded Content should be
tagged/ uploaded as Content for paid partnerships through the functionality
provided by the Platform, failing which the Company shall have the right to
takedown the Branded Content or remove third party brands, trademarks, logos
etc. from such Branded Content, at its sole discretion.
14.
Whenever
you access or use a feature that allows you to upload or transmit Content
through the Service to third party social media platforms or websites you must
comply with the standards set out by such third parties as well. When you
upload, post or transmit Content to or through the Platform, you grant to the
Company a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable
(through multiple tiers of sublicenses), perpetual, and irrevocable license in
any and all manner and media, whether now known or hereinafter invented or
devised (including third party social media channels, websites or platforms),
to reproduce, license, distribute, modify, adapt, publicly perform, publicly
display all users to stream and download, create derivative works of and to use
the Content and to advertise, market, and promote the Platform. Third parties
(including users) may search for and see any Content you submit to public areas
of the Platform. Other users may be able to download and share your Content
within and outside the Service. You further grant the Company a non-exclusive,
royalty-free, universal unlimited license to use your user
name, image, voice, and likeness to identify you as the source of any of
your Content.
15.
You
represent and warrant that:
1.
you
own all rights in and to your Content and that you have and will continue to
have the right to grant the rights described in these Terms;
2.
your
agreement to these Terms does not violate any agreement that you may have with
any third party;
3.
your
Content does not and will not infringe, misappropriate, or otherwise use
without necessary authorization, any intellectual property, privacy, publicity,
moral, or other rights of any third party, or violate any law, regulation, or
court order.
16.
All
Content is non-confidential, non-proprietary, and must not contain or include
any information which you do not have the right to disclose or that you do not
wish to be disclosed. The Company will not be responsible or liable for any use
or disclosure of Content, including any personal information included in that
Content.
17.
You
hereby waive any and all moral rights or “droit moral” that you may have in the
Content, and you represent and warrant that no third party has any moral,
“droit moral” or other rights in the Content. To the extent that any such
rights cannot be waived as per laws of India or any other law applicable to
You, you agree not to exercise such rights without prior written notice to the
Company and then only in accordance with any reasonable instructions that the
Company issues in the interest of protecting the its rights.
6.
Disclaimer
regarding Content and Third-Party Interactions
18.
Any
use or reliance on any Content available on the Service is at your own risk.
19.
The
Company acts purely as an "Intermediary" as defined under Information
Technology Act, 2000 or as construed under equivalent local laws of Your
jurisdiction and rules thereunder as applicable. The Company expressly excludes
any kind of liability relating to the Content. Being an “Intermediary”, the
Company has no responsibility and / or liability in respect of any Content on
the Service, including without limitations, for intellectual property rights
infringement, defamation, illegal content or any other
violation under applicable laws. All Content, which is hosted and transmitted
on the Services, is the sole responsibility of the person who provides, publishes or posts the Content whether on the Service or on
other platforms linked to the Service.
20.
You
understand that by using the Service and accessing the Content, you may be
exposed to Content that might be offensive, harmful, inaccurate
or otherwise inappropriate. The views expressed by users on the Service are not
controlled by the Company, and do not represent the views or values of the
Company. You acknowledge and agree that the Service only facilitates access to
the Content and the Company is not obligated to monitor access to or use of the
Service by you or third parties. However, should it come to the knowledge of
the Company that your use of the Service is in violation of any applicable law
or these Terms, then the Company has the right to enforce these Terms, and take
such actions it may deem necessary to comply with applicable law, regulation,
court order, or other legal, administrative, or regulatory request or process;
or otherwise.
21.
On
account of the nature of the internet, the Services may be accessed in various
geographical locations; and you hereby agree and acknowledge that you are accessing
the Service, at your own risk, choice and initiative and you agree and
undertake to ensure that your use of the Service complies with all applicable
laws including the local laws of the place where you access the Service from.
22.
Your
interactions with third parties, including users, on or through the Service, is
solely between you and the third party and you agree not to make the Company a
party to any such disputes. However, the Company may, in its sole discretion,
intercede and you will reasonably cooperate with the Company if it does so. You
acknowledge and agree that the Company will not be responsible for any damages,
losses, costs, expenses, or liabilities incurred as the result of such
interactions and you will not make the Company a party to any dispute between
you and any third party with whom you interact with on the Service.
23.
You
hereby release the Company, its parent entity(ies),
subsidiaries, group companies, affiliates, related companies, and their
respective officers, directors, employees, agents, representatives, partners,
and licensors (as applicable) (“hereinafter “Company Entities”) from claims, demands, and damages (actual and
consequential) of every kind or nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such interactions or the Service.
24.
Subject
to clause 13.2, in the event of any dispute between you and any third party
with whom you interact on the Service, you may approach the court of
appropriate jurisdiction as per applicable laws of India in your place of
residence.
7.
Take
Down Policy
25.
It is IndiShots's strict policy to respect the Intellectual Property Rights of others. IndiShots has taken adequate measures to ensure that the content on the app is displayed either with the permission from their respective owners or IndiShots believes the same to be in public domain. However, IndiShots shall not liable for any infringement of copyright arising out of materials posted on or transmitted through the app, or items advertised on the app, by end users or any other third parties.
Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you
believe any Content violates your intellectual property, you must promptly
notify in writing at support@indishots.com.
26.
These
notifications should only be submitted by the owner of the intellectual
property or an agent authorized to act on his/her behalf. However, any false
claim by you may result in the termination of your Account. You are required to
provide the following details in your notice:
1.
the
intellectual property that you believe is being infringed;
2.
the
Content that you think is infringing and include sufficient information about
where the material is located on the Platform;
3.
a
statement that you believe in good faith that the item you have identified as
infringing is not authorized by the intellectual property owner, its agent, or
the law to be used in connection with the Service;
4.
your
contact details, such as you address, telephone number, and/or email;
5.
a
statement that the information you provided in your notice is accurate, and
that you are the intellectual property owner, or an agent authorized to act on
behalf of the intellectual property owner whose intellectual property is being
infringed;
6.
a
statement by you that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law;
7.
an
undertaking that You shall file an infringement suit in the competent court
against the person responsible for uploading the infringing copy and produce
the orders of the competent court having jurisdiction, within a period of 21
(twenty-one) days from the receipt of the take down notice by the Company; and
8.
your
physical or electronic signature.
27.
The
Company reserves the right to remove Content alleged to be infringing without
prior notice and at its sole discretion. On appropriate circumstances, the
Company may also terminate a user's account if the user is determined to be a
repeat infringer.
8.
License
to Use the Service
28.
The
Company gives you a personal, worldwide, royalty-free, limited, non-assignable
and non-exclusive license to use the Service and the Platform. This license is
for the sole purpose of enabling you to use and enjoy the benefit of the
Service for your personal and non-commercial use, in the manner permitted by
these Terms. You agree not to use
the Service for any public performances.
29.
You
may access the Service only in geographic locations within India.
30.
You
agree to use the Service only: (a) for purposes that are permitted by the
Terms; and (b) in accordance with applicable law, regulation or generally
accepted practices or guidelines. You agree not to engage in activities that
may adversely affect the use or access of the Service by other users.
31.
You
agree not to access (or attempt to access) the Service by any means other than
through the interface that is provided by the Platform. You shall not use any
deep-link, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Service or Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Platform, materials
or any Content, to obtain or attempt to obtain any materials, documents or
information through any means not specifically made available through the
Service.
32.
You
agree that you are solely responsible to the Company and to any third party for
any breach of your obligations under the Terms and for the consequences
(including any loss or damage which the Company or its affiliates may suffer)
for any such breach.
9.
Proprietary
Rights of the Company
33.
Except
for the Content, the Company or its licensors own all right, title, and
interest in and to: (i) the Platform and the “look
and feel” thereof, including all software, ideas, processes, data, text, media,
and other content available on the Platform; and (ii) trademarks, logos, and
brand elements. All right, title and interest in and
to the Platform, the Service and the Company’s trademarks are and will remain
the exclusive property of the Company and its licensors and other partners, as
the case may be. Save and except for accessing and using the Services as
permitted herein, You shall not separately use any portion of the Services or
the Platform (such as codes, features, branding, trademark, logos, look and
feel, content, etc.) in any manner whatsoever without express written approval
from the Company.
34.
The
Company reserves all rights not expressly granted in these Terms. You shall not
make any disparaging or derogatory remarks, comments
or statements, whether verbal or written, against the Company Entities. You
acknowledge and agree that any feedback, comments, or suggestions you may
provide regarding the Platform or the Services are entirely voluntary, and the
Company will be free to use such feedback, comments or suggestions as it sees
fit and without any obligation to you.
10.
Contests
and Promotions
Any and all contests, promotions, surveys and campaigns
hosted or conducted on the Service are subject to separate contest terms and
conditions ("Promotion
Terms") and You
are requested to read the Promotion Terms as well as these Terms before
participating in the same and upon participation it shall be deemed that the
participant has read and understood the Promotion Terms.
11.
Suspension
and Termination
35.
The
Terms will continue to apply until terminated by either you or the Company as
set forth below. If you object to the Terms or are dissatisfied with the
Services, your only recourse is to (i) close your
Account; and (ii) stop accessing the Service.
36.
The
Company reserves the right to terminate, discontinue, suspend, limit, or
restrict your account or your use of the Services or access to Content at any
time, without notice or liability, if the Company so determines in its sole
discretion, for any reason whatsoever. Additionally, the Company reserves the
right to delist you or block your future access to the Service or suspend or
terminate your Account if it believes, in its sole discretion that you have
infringed, breached, violated, abused, or unethically manipulated or exploited
any term of these Terms or anyway otherwise acted unethically.
37.
If You
or the Company terminate your use of the Service, the Company may, subject to
the terms of the Privacy Policy, delete any information relating to your use of
the Service and the Company will have no liability to you or any third party
for doing so.
12.
Disclaimers
and Limitations of Liability
Please read this section carefully since it limits the
liability of the Company Entities.
38.
Availability
on "AS-IS" basis
1.
Your
access to and use of the Service or any Content is at your own risk. You
understand and agree that the Service is provided to you on an "AS
IS" and "AS AVAILABLE" basis. Without limiting the foregoing,
the Company Entities disclaim all warranties and conditions, whether express or
implied, of title, of merchantability, fitness for a particular purpose, or
non-infringement.
2.
All
Content is created and published or uploaded by Users. The Company Entities
make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness,
security or reliability of the Service or any Content; (ii) any harm to your
computer system, loss of data, or other harm that results from your access to
or use of the Service, or any Content; (iii) the deletion of, or the failure to
store or to transmit, any Content and other communications maintained by the
Service; (iv) whether the Service will meet your requirements or be available
on an uninterrupted, secure, or error-free basis or whether any errors or
defects will be corrected.
3.
No
advice or information, whether oral or written, obtained from the Company
Entities or through the Service, will create any warranty not expressly made
herein. The Company Entities will not be liable for any loss that you may incur
as a consequence of unauthorized use of your Account
or Account information in connection with the Service, either with or without
your knowledge.
4.
The
Company shall not be responsible for the delay or inability to use Platform or
related functionalities, the provision of or failure to provide
functionalities, or for any information, software, functionalities and related
graphics obtained through the Platform, or otherwise arising out of the use of
the Platform or Service, whether based on contract, tort, negligence, strict
liability or otherwise. Further, the Company shall not be held responsible for
non-availability of the Service during periodic maintenance operations or any
unplanned suspension of access to Service that may occur due to technical
reasons or for any reason beyond the Company’s control.
5.
You
understand and agree that any material or data downloaded or otherwise obtained
through the Platform is done entirely at your own discretion and risk, and that
you will be solely responsible for any damage to your computer systems or loss
of data that results from the download of such material or data.
39.
Links
There may be links to third-party websites or resources on
the Platform. You acknowledge and agree that the Company is not responsible or
liable for: (i) the availability or accuracy of such
websites or resources; or (ii) the content, products, or services on or
available from such websites or resources. Links to such websites or resources
do not imply any endorsement by the Company Entities of such websites or
resources or the content, products, or services available from such websites or
resources. You acknowledge sole responsibility for and assume all risk arising
from your use of any such websites or resources.
40.
Limitation
of Liability
To the maximum extent permitted by applicable law, the
Company Entities shall not be liable for any indirect, incidental, special,
consequential or punitive damages or any loss of profits or revenues, whether incurred
directly or indirectly, or any loss of data, use, good-will, or other
intangible losses resulting from (i) your access to
or use of or inability to access or use of the Platform or the Service; (ii)
any Content on the Platform; or (iii) unauthorized access, use or alteration of
your transmissions or content.
41.
Violation
of Terms
You agree that any violation by you of these Terms will
constitute an unlawful and unfair business practice, and will cause irreparable
harm to the Company for which monetary damages would be inadequate, and you
consent to the Company obtaining any injunctive or equitable relief that they
deem necessary or appropriate in such circumstances. These remedies are in
addition to any other remedies that the Company may have at law or in equity.
If the Company takes any legal action against you as a result of your violation
of these Terms, they will be entitled to recover from you, and you agree to
pay, all reasonable attorneys’ fees and costs of such action, in addition to
any other relief that may be granted.
13.
General
Terms
42.
Waiver
and Severability
The failure of the Company to enforce any right or provision
of these Terms will not be deemed a waiver of such right or provision. In the
event that any provision of these Terms is held to be invalid or unenforceable,
then that provision will be limited or eliminated to the minimum extent
necessary, and the remaining provisions of these Terms will remain in full
force and effect.
43.
Governing
Law and Jurisdiction
These terms shall be governed by and constructed in
accordance with the laws of India without reference to conflict of laws
principles. Any disputes arising in relation hereto between you and any Company
Entities shall be subject to the exclusive jurisdiction of courts at Bangalore,
India.
44.
Entire
Agreement
These Terms and the Privacy Policy are the entire and exclusive
agreement between the Company and you regarding the Service (excluding any
services for which you have a separate agreement with the Company that is
explicitly in addition or in place of these Terms), and these Terms supersede
and replace any prior agreements between the Company and you regarding the
Services.
The Company retains the unconditional right to revise these
Terms from time to time, the most current version will always be on the
Platform. You can determine when this Terms was last modified by referring to
the “Last Updated” legend above. It shall be your responsibility to check this
Terms periodically for changes. Your continued use and access of the Service
shall signify your acceptance of the amended Terms and your consent to be
legally bound by the same.
45.
Grievance
Redressal
1.
Any
complaints arising from the use of the Service may be addressed to the
following:
Email: support@indishots.com
2.
The
Grievance Redressal Officer shall within thirty-six hours of receiving the
complaint initiate inquiry into the same and shall endeavor to resolve the
complaint promptly, but in any case, within one month from the date of receipt
of complaint.