Terms and Conditions | Ownsfare

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OWNSFARE

Terms Of Use

Welcome to Ownsfare

These Terms of Use (or "Terms") govern your use of Ownsfare, except where we expressly state that separate terms (and not these) apply, and provide information about the Ownsfare Service (the "Service"), outlined below. When you create a Ownsfare account or use Ownsfare, you agree to these Terms.

We reserve the right to change, modify or otherwise alter these Terms at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted on the Platform herein. It is Your responsibility to review these Terms periodically for updates/ changes. Your continued use of the Services following the posting of changes/ modifications shall constitute Your acceptance of the revised Terms.

1. GRANT OF RIGHTS

1.1. Subject to Your compliance with these Terms, You shall have the limited, non-exclusive, revocable right to access and use the Platform and the Services it offers purely for personal and non-commercial use. The Service(s) offered to You are constantly evolving and being improved upon, and thus, may change from time to time without prior notice to You. In addition, We may stop (permanently or temporarily) providing the Service(s) to you without any prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.

2. USER ACCOUNT

2.1. In order to access the Platform and use our Service(s), You shall create and register an Account by filling in Our online registration form. The registration form shall include details such as Your name, email id, phone number, and any other such information required. By registering, You agree that all information provided by You is true and accurate and that You will maintain and update this information as and when required. In the event wherein the information disclosed by You is identified as inaccurate/false, We have the right to suspend or terminate Your Account and to refrain from providing You access to any and all current or future use of the Services.

3. ACCEPTABLE USE

3.1. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform and/or Service(s) available to any third party; (b) modify, adapt, or hack the Platform and/or Service(s) or otherwise attempt to gain or gain unauthorized access to the Platform and/or Service(s) or related systems or networks; (c) use the Platform and/or Service(s), store or transmit data in violation of applicable laws and regulations, including but not limited to violation of any person’s privacy rights; (d) use the Platform and/or Service(s) to store or transmit any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (e) use the Platform and/or Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software.

3.2. In the event of a violation of terms under clause 3.1, We shall have the right to take down any User Content in addition to the right to suspend or terminate Your Account and to refrain from providing You with all current or future use of the Service at Our discretion.

3.3. You agree to undertake appropriate steps to ensure that your use of the Services complies with all applicable laws including the local laws in your jurisdiction.

3.4. You understand that the quality of the User Content may vary from device to device, and may be affected by a variety of factors, such as location, speed of Your internet connection, etc. You agree and acknowledge that you are responsible for all internet charges incurred for using the Platform.

4. DISCLAIMERS REGARDING USER CONTENT

4.1. You understand that you are using the Platform and/or Service(s) and accessing the User Content of your volition and that You may be exposed to User Content that might be offensive, harmful, and/or inaccurate. You acknowledge that We neither endorse nor assume any liability for the User Content uploaded or submitted by other Users. You agree and acknowledge that We have no obligation to pre-screen or monitor, or edit the User Content posted by Users through the Services that may be available on the Platform. However, We reserve the right wherein We may elect to pre-screen, monitor, or edit any User Content to the extent required to be in compliance with applicable laws and these Terms.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Except for the rights granted to You under clause 1, all rights, title and interest in and to all intellectual property and/or proprietary rights, title and interest in or related to the Platform and the Service(s), including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us.

5.2. You hereby grant Us a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, prepare derivative works of, display, modify, re-brand, publish, adapt, make available online or electronically transmit, and perform and distribute such User Content to all Users to stream and download and to use the User Content to advertise and promote the Platform and Service(s).

5.3. We shall also have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Service(s) or otherwise use any of Your suggestions, enhancement requests, recommendations, or other feedback. All rights not expressly provided to You herein are reserved.

5.4. We may also curate content (reels and otherwise) from various publicly available sources on the internet in order to provide our users with a variety of content. By doing so, we imply no copyright on the original creator of the content or intend any infringement on any applicable intellectual property rights as per any law around the world. The platform shall not be using the curated content for any of its paid Services. If you happen to be a creator whose original content is being curated by the Platform and would like us to remove it, we request you to write to us at vasukam.connect@gmail.com. However, if you come across someone else that is using your original content without your consent or inappropriately, immediately write to us and we shall take action as per the policy.

6. SUSPENSION AND TERMINATION

6.1. These Terms will continue to apply until Your Account is terminated by either You or Us. We reserve the right to terminate, suspend or restrict Your Account or Your use of the Platform at any time, without notice if We identify that You have violated these Terms or applicable laws.

6.2. Following the termination of Your Account either by You or by Us, You may contact Us for the deletion of your information.

7. DATA COLLECTION AND PRIVACY

7.1. You agree and understand that We collect, store and use any information that You provide to Us, subject to Our Privacy Policy. By agreeing to these Terms, You hereby agree to Our Privacy Policy, which may be updated by Us from time to time.

8. DISCLAIMER OF WARRANTIES

8.1. THE PLATFORM AND THE SERVICE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

8.2. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE ACCESS TO THE PLATFORM AND ITS SERVICES, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND OUR CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.

9. LIMITATION OF LIABILITY

9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE PLATFORM AND/OR THE SERVICE(S), WILL BE LIMITED TO INR (INDIAN RUPEES) 100 (ONE HUNDRED).

9.2. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. INDEMNIFICATION

10.1. You hereby agree to defend, indemnify and hold harmless Us, our Affiliates, licensors, third party partners, officers, directors, employees, and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from (i) Your use of and access of the Platform and its Service; (ii) Your User Content contributed to the Platform (iii) Your violation of these Terms; (iv) Your violation of any third party rights (v) Your violation of any applicable laws. This indemnification obligation will survive the expiry or termination of these Terms and Your use of the Service.

11. MISCELLANEOUS

11.1. Entire Agreement: The Terms and Our Privacy Policy are the entire and exclusive agreement between Us and You regarding the Platform and the Services and these Terms supersede and replace any prior agreements between Us and You regarding the Platform and its Services.

11.2. Severability; No Waiver: If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of these Terms shall remain in effect. Our non-exercise of any right under or provision of these Terms does not constitute a waiver of that right or provision of these Terms.

11.3. Relationship of the Parties: The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship among the Parties.

11.4. Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses 5 (Intellectual Property Rights), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Miscellaneous) and 12 (Definitions) shall survive the termination/expiry of these Terms. Termination shall not limit either party’s liability for obligations accrued as of or prior to such termination or for any breach of These Terms.

11.5. Notices and Consent to Electronic Communications: All notices from Us under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or to the contact mailing address provided by You while subscribing to the Service(s); or (ii) electronic mail to the e-mail address provided to Your Account. Our address for notice is vasukam.connect@gmail.com by electronic mail. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.

11.6. Governing Law and Dispute Resolution: These Terms shall be governed by the laws of India, without regard to any conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts at Bulandshahr, India. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (including any amendments thereof). The seat shall be in Bulandshahr, India and the language used shall be English. The dispute shall be resolved by a sole arbitrator who shall be mutually appointed by the Parties. The Parties may agree to hold and conduct the arbitration proceedings by virtual participation through video call or voice call.

12. DEFINITIONS

12.1. Account: means any accounts or instances created by or on behalf of User for access and use of the Platform and its Service(s).

12.2. API: means the application programming interfaces developed, enabled by or licensed to Us that permits access to certain functionality provided by the Service(s).

12.3. Documentation: means any written or electronic documentation, images, video, text, or sounds specifying the functionalities of the Service(s) provided or made available by Us to Users through the Service(s) or otherwise

12.4. Platform: refers to the mobile application called Vasukam's “Ownsfare” (which is an online short video format, user-based community seeking to share content), through which Service(s) to the Users are provided.

12.5. Fenmo or Trotbee Private Limited Content: includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features, message boards, chat, and other original content of Ours that a User may view or access through the Platform.

12.6. Service(s): mean the services provided by Us which includes features provided on the Platform that allows users of the Platform to interact with each other, Ownsfare Content and shall include any updates, modifications, or improvements to the Service(s), including individually and collectively, the Software, the API and any Documentation.

12.7. Software: means software provided by Us (either by download or access through the internet) that allows a User to use any functionality in connection with the Service(s).

12.8. User Content: means the content posted, uploaded, transmitted, shared, stored, or downloaded by the User and includes texts, photos, graphics, sounds, videos, audio-visual combinations, and all other forms of content shared amongst other Users.

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