Terms And Agreements

The following constitutes the Terms of Use Agreement (“Agreement”) and is legally binding and applies to your use of the WeMedia platform. This agreement was written in English (UK) and if any translated version of this agreement conflicts with the English version, the English version controls.

Date:24/07/2017

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THE SERVICES UNDER THE AGREEMENT ARE OPERATED BY WeMedia Platform ("WE", "OUR" OR "US", WHICH SHALL INCLUDE OUR AFFILIATES, SUCCESSORS OR ASSIGNS).

INTRODUCTION

The services offered by WeMedia platform include (i) developer services, (ii) mobile services, (iii) advertising services, and (iv) any other features, content, or applications offered or operated from time to time by us in connection with or WeMedia’s business, including when WeMedia is accessed via the internet, mobile device (collectively, “Services”). The Services are hosted in India.

This Agreement constitutes legally binding terms and applies to such use of the Services regardless of the type of device used to access them ("Device") unless such services post a different set of terms of use or end user license agreement, in which case that agreement ("Other Terms") shall instead govern in addition to this agreement, as may be defined.

ACCEPTANCE

By accessing and/or using any of the Services, you agree to be bound by this Agreement (or if applicable, the Other Terms), whether you are a "Visitor" (which implies that you essentially peruse the Services, including, without impediment, through a different remote device, or generally utilize the Services without being registered) or you are a "Member" (which implies that you have registered with or WeMedia). The term "User" refers to a Visitor or a Member. Your download or use of the Services, regardless of whether your access or use is intended, amounts to acceptance of these terms and you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the Services, you must indicate your acceptance of this Agreement during the registration process. Thereafter, you may create your account ("Account"), if required, in accordance with the terms herein.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. We may, in our sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

In some instances, both this Agreement and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Services or to a service or product offered via the Services (in each such instance, and collectively, "Additional Terms"). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the terms of the Services' Privacy Policy, which you accept by using the Services.

It is therefore important that you review this Agreement (and any applicable Additional Terms) regularly. If you do not agree to be bound by this Agreement (or any applicable Other Terms or Additional Terms) and to abide by all Applicable Law (defined below), you are not authorized to use the applicable Services and should delete any copies of the software that enable access to the Services and discontinue their use.

THIRD PARTY WEBSITES

These Terms apply to all users of the Services. The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve us from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

INFORMATION OR COMPLAINTS CONTACT DETAILS

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the Services, or in another reasonable manner; and (2) we may contact yo

If you would like to contact us for any further information or to make a complaint, please contact us at content@wemedia.co.in.

ACCOUNTS

In order to access some features of the Services, you may be directed to create an Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account.

Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or losses of others due to such unauthorized use.

All information collected through Accounts or otherwise through the Services, are collected and used in accordance with the Privacy Policy.

PASSWORD

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, e-mail address or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account. We may employ one or more systems to reset or recover Account information and / or authenticate the same, and such systems will be employed at our discretion. You hereby agree to any such system placed into effect by us.

YOUR CONTENT

“Content” includes texts, messages, files, images, photos, video, sounds, musical works, sound recordings, works of authorship, applications, graphics, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.

As an account holder you may submit Content to the Services, including videos and user comments. You understand that we do not guarantee any confidentiality with respect to any Content you submit. We do not claim any ownership rights in the Content you transmit, submit, display or publish ("post") on, through or in connection with the Services. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have in your Content, subject to a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license granted herein. By posting any Content on, through or in connection with the Services, you hereby grant to us the license to use, modify, delete from, add to, combine with other content, publicly perform, publicly display, reproduce, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, sell, distribute, and otherwise exploit such Content by all means and manners now or later known, including, without limitation, on, through or in connection with the Services to third party applications; widgets; websites; or mobile, desktop or other services which are linked with your Account, including, without limitation, distributing part or all of the Services and any Content included therein, in any media formats and through any media channels.

You also hereby grant each User of the Service a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Services and under these Terms.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to us, all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms, royalty-free.

You shall not host, display, upload, modify, publish, transmit, update or share any information that is grossly harmful, disparaging, relating or encouraging money laundering or gambling, invasive of another’s privacy, racial, ethnically objectionable, impersonates another person; that which contains software viruses or any other computer code, filed or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India.

USE OF THE SERVICES

We hereby grant you permission to access and use the Services as set forth in these Terms, provided that:

  1. You follow the eligibility requirements that Services is subject to. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, and if you are not of the age of majority where you reside, you will only use the Services with parental or legal guardian consent (following their review of this Agreement); and (d) your use of the Services does not violate any Applicable Law. You may not create an Account for anyone other than yourself without the other person's permission. Your Account will be deleted and your Membership may be terminated without warning, if we believe that you have misrepresented your age or identity to us in a manner that violates this Agreement or is unlawful.
  2. You agree not to distribute in any medium any part of the Services or the Content without our prior written authorization:
  3. the sale of access to the Service;
  4. the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  5. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from the Services appears on the same page and is of sufficient value to be the basis for such sales
  6. In your use of the Services, you will comply with all applicable laws. We reserve the right to discontinue any aspect of the Service at any time. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Further, we may deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and to the maximum extent permitted by applicable law, without liability.

USE OF THE CONTENT

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:

  1. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent, as well as the prior written consent of the copyright owner of the Content, as may be required in accordance with applicable laws.
  2. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  3. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless us, our owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

INTELLECTUAL PROPERTY POLICY

We respect the intellectual property of others, and requires that our Members do so as well. Therefore, you hereby agree and warrant that you shall not host, display, upload, modify, publish, transmit, update or share any Content that infringes upon the copyright, patent, design or other proprietary or intellectual property rights of a third person. Any such infringing Content is subject to the removal or blocking in accordance with clause 11 below.

We operate a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party and we will terminate user access to the Services, if a user has been determined to be a repeat infringer. A repeat infringer is a Member who has been notified of infringing activity more than twice.

The Content on the Services, and the trade marks, service marks and logos ("Marks") on the Service, are owned by or licensed to us and you do not gain any right or license or ownership over the same.

REMOVAL OF CONTENT OR RESTRICTING OR BLOCKING ACCESS TO CONTENT

If you believe that any material as posted or communicated through the Services are grossly harmful, harassing, defamatory, obscene, pornographic, libelous, infringes any copyright, trade mark, patent or other proprietary rights protected work, deceives or misleads, harms minors in any way or otherwise unlawful in any manner whatsoever, you may submit a notice for removal, which shall specifically identify the Content in question.

In case the notice for removal relates to violation of intellectual property rights, shall, in addition, shall contain which shall specifically contain the following information:

  1. Your name;
  2. Your contact details, including physical and email address, telephone number;
  3. The specific works on which you hold intellectual property rights. Please submit proof of such rights, if any.
  4. Please specify, for each Content that is infringing, the exact manner in which it infringes the intellectual property right in question.

Please note that you specifically agree if any such notice in this clause has been issued pertaining to your Content, i.e. Content you provided or uploaded, we will not seek your opinion in the matter and we reserve the right to remove the Content or block access to such Content as we deem fit. You specifically provide your consent to the same.

Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.

The following contact information should be used to notify us under this clause: WeMedia Team: content@wemedia.co.in.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APP’S CONTENT OR THE CONTENT OF ANY OTHER LINKED SITES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION ON LIABILITY

IN NO EVENT SHALL WE BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

AVAILABILITY

We control and offer our services from our facilities in WeMedia Platform. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless, us, our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any violation of applicable law.

This defence and indemnification obligation will survive these Terms and your use of the Services.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

CHOICE OF LAW

You agree that the Services shall be deemed solely based in the Terms of Service; You agree that the laws of India will apply to these Terms of Service. These Terms, together with the Privacy Policy https://sites.google.com/view/buzzpolicy and any other legal notices published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. If the remainder of the provision is not affected, we reserve the right to make lawful and reasonable variations to this Agreement which may be necessary in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the provision (or part) in question that is deemed to be unlawful, void or unenforceable.

TERMINATION POLICY

We will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

We reserve the right to decide whether Content violates these Terms for any reason, including for copyright infringement, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms.

To contact us regarding any questions about this Agreement, please contact content@wemedia.co.in.