TERMS OF USE
Welcome! This Site/Service is owned and operated by Rediff.com India
Ltd. (“Rediff”, “WE”, “US”, OR “OUR”, “Rediff.com”) and brought to you
(“you” , “member”) subject to the terms and conditions contained
herein. By accessing this service you agree to use this Service in a
manner consistent with and abide by and be bound by the Terms of Use
("Terms"). You further agree and acknowledge that you are legally
eligible to enter into this Agreement.
- Acceptance of terms:
Your use of this service is subject to your compliance with the terms
set forth herein. By accessing this service you consent to be bound by
and abide by these terms and conditions. These terms and conditions
apply to all users of this Site/Service including users who
contribute/share their content on this Site/Service. You are advised to
please read them carefully, before using these services. In the event
if at any time any of the Terms are not acceptable to you, you are
advised not to use this service. These terms are subject to change from
time to time at the sole discretion of Rediff.com. You are advised to
review these Terms from time to time.
- Modification /Termination of Service:
Rediff.com reserves the right to modify and alter the services or any
component or part thereof at any time at its sole discretion without
any notice to you. Rediff.com, in it sole discretion reserves the right
to terminate this Service at any time for any reason without prior
notice and without any liability to you or any third party.
- Membership:
To access this Service you need to register as a member. Membership is
available to anyone who has/acquires a valid Rediff id. Anyone
acquiring a valid Rediff id needs to furnish required information as
prompted by the system/service and undertakes to provide accurate,
complete and updated information. You are solely responsible for the
security and confidentiality of password of your account. You shall be
solely liable for all use of your account, including any unauthorized
use of your account by any third-party. Rediff reserves the right to
terminate the membership without any intimation to you, in the event
the information provided by you is found to be incorrect, inaccurate or
incomplete. Membership is non-transferable. Rediff reserves the right,
in its sole discretion to refuse and/or cancel your registration
without any prior intimation. Any information that you supply to us
will be governed by the terms and conditions of Rediff.com's Privacy Policy which is incorporated herein by reference.
- Service offered
4.1. This platform facilitates you to contribute/upload, tag,
access videos, photos, images, audio files or any combination thereof
(“Content”) owned or created by you or for which you own the
rights/permissions and also search user contributed content.
4.2. The search result displayed on this Site is based on the
automated indexing by Rediff.com’s computer systems of content
uploaded/contributed by the users.
4.3. Rediff.com cannot monitor or verify the search results
displayed through this Service for any objectionable, unlawful, illegal
or unauthorized content and assumes no responsibility for the content
accessed/uploaded through this Service.
4.4. This service also enables you to upload the content once
you are logged into the service by using your account. You will also be
able to send and receive the comments/feedback and participate in
various interactive elements provided within the Service for the
content contributed by you or other users. By uploading the content you
agree to share your content with others and make it available in public
domain and can be accessed by any one from anywhere and Rediff.com is
under no obligation to maintain the confidentiality of the said content
posted by you.
- Members conduct and Intellectual Property Rights:
5.1. You shall be solely responsible for any and all activity happening through your account.
5.2. By posting the content you represent and warrant that you
either own or otherwise control all the rights in the content including
but not limited to the intellectual property rights, right to post,
upload, input or submit the content. You further represent and warrant
that you own or have the necessary licenses, consents, permissions and
rights including intellectual property rights and all proprietary
rights to the said content including any video, audio or other works of
art comprised therein and that you are authorized to upload the said
content.
5.3. You retain the ownership of the content contributed by you
into this Service. However, by posting/ uploading the content you are
granting Rediff.com, its subsidiaries, affiliates, Rediff users a
non-exclusive, royalty free, perpetual, worldwide, transferrable rights
to use the content uploaded/posted by you including without limitation
the right to adapt, copy, embed, link create derivative works based on,
distribute, transmit, cache, archive, index, host, crawl, transcode,
publicly display, publicly perform, reproduce, alter, edit, delete,
format, translate, store, remix, view, sublicense your content, without
compensation to you or any other provider of the content in any media
format or medium through any media channels. You also permit any
user/anyone to access, display, view, the content for personal use.
5.4. Rediff.com does not claims any ownership in the content
posted by you including without limitation the feedback and suggestions
provided.
5.5. You may upload and share your content, share your views,
feedbacks and suggestions – this should not be done at the cost of
hurting the feelings of anyone.
5.6. You agree and undertake that you shall not post/upload any audio/video/images/photos/content/material that is:
5.6.1. copyrighted content owned by a third party unless you
have the express consent, permission, license, authority of the
rightful owner;
5.6.2. violates/infringes any patent, trademark, trade secret,
copyright or any other proprietary or privacy rights of any third party.
5.6.3. false, misleading, unlawful or with the intent to
defraud, harass, abuse, intimidate, accuse, impersonate or harm the
feelings of anyone;
5.6.4. illegal, obscene, pornographic, vulgar, provocative,
defamatory, indecent, libelous, racist, hateful, threatening,
impersonating, enticing of minors, infringing of intellectual property
rights, proprietary rights of any third party, invasive of privacy or
public rights or any other third party rights or otherwise injurious or
objectionable, elicit response relating to illegal activity, contain
viruses is an expression of bigotry or hatred based on age, gender,
race, religion, caste, class, lifestyle preference, and nationality;
5.6.5. promotes or provides any instructional information about illegal activities;
5.6.6. Upload or post any content/material that contain software
viruses or codes or programs that would interrupt, destroy or limit the
functionality of this Site/Service or any software, network, servers,
hardware or any other related equipment.
5.6.7. violate any applicable laws or regulations.
5.7. Certain of the names, logos, and other materials, graphics
and content (except all the content submitted by the you/other Users)
on this site constitute the trademarks, proprietary trademarks and
trade names of the Rediff.com and the respective third parties or are
the copyrighted work owned by Rediff.com and the respective third
parties as per the notices displayed therein respectively. You are
prohibited to use any such marks.
5.8. The information/content provided on this site is intended
for personal non-commercial use. You agree and undertake not to use,
copy, reproduce, distribute, display, broadcast, sale, license or
otherwise exploit for any purpose any content without the prior written
consent of the respective rightful owners. In the event you
copy/download or remove print of any content you must retain all
proprietary, copyright and security notices contained therein and shall
not circumvent, disable or remove any of the aforesaid notices.
5.9. Use of this Site/Service is permitted solely for your
personal and non-commercial purpose. You agree not to solicit for any
commercial purposes any users of the Website with respect to the
content submitted on this Site. You agree that you will not alter,
modify, reverse engineer, copy, mirror the Website or any part thereof
or use this service for any purpose, a purpose that is unlawful or
prohibited including without limitation unauthorized framing of or
linking of the Website.
5.10. You shall not use/launch any automated system including
but not limited to robots, spiders, offline readers, etc. that access
this Site/Services for spamming.
5.11. You understand and acknowledge that the content posted on
this Site can be copied by use of spiders and made available by such
third party search engines solely for the purpose of providing publicly
the searchable indices of the content but not caches or achieves of
such content.
5.12. You must use the Service in a manner consistent with any
and all applicable local, state, Indian and International law and such
other applicable laws, rules and regulations. Illegal and/or
unauthorized use of the Service, including unauthorized framing of or
linking to the Rediff Site will be investigated, and appropriate legal
action will be taken, including without limitation, civil, criminal and
injunctive redress.
5.13. You expressly agree and undertake that you shall be solely
responsible for your conduct and access to this Website/service
including but not limited to the consequences of posting/uploading of
the content. and you expressly relieve Rediff.com from any loss, claim,
liability and damages that may arise in connection with your use of
this Service.
- Rediff.com reserves the following rights:
6.1. Rediff.com is under no obligation to monitor or review the
user contributed content. Rediff.com assumes no responsibility for the
content, no obligation to modify or remove any inappropriate
messages/content and no responsibility for the conduct of any user of
this service. However, Rediff.com reserves the right to review the
content posted and to remove any content in its sole discretion.
6.2. Rediff reserves the right to moderate the content uploaded
by you or any other user for any obscene/vulgar/pornographic images,
videos, photographs, pictures, material or content.
6.3. In the event that Rediff.com receives a complaint that the
contents posted by you infringe intellectual property rights or are
otherwise unlawful, Rediff.com shall request written substantiation of
the complaint from the complaining party. As such, Rediff.com will
require substantiation of proof of ownership in the form of a
trademark, service mark, patent or copyright registration and will take
such steps that it believes to be appropriate under the circumstances.
6.4. Rediff.com does not permit or authorize infringement of
intellectual property rights and reserves the right to remove the
content without any prior intimation, upon proper notification that
such member uploaded content infringes the intellectual property rights
including the copyright of the rightful owner.
6.5. Rediff.com reserves the right to terminate your access to
the services at any time without any notice, without any liability, for
any reason whatsoever, including if Rediff.com believes that you have
violated or acted inconsistently with the spirit of these Terms.
However, the provisions of Sections 5, 6, 7, 8, 9, 11 and 13 shall
survive any such termination.
6.6. Rediff.com reserves the right to release current or past
member information that Rediff.com believes is in violation of the
terms of service or privacy guidelines, or used to commit unlawful
acts, or if the information is subpoenaed, or a request is received
from the law enforcement agencies or a court order and/or if Rediff.com
deems it necessary and/or appropriate.
6.7. Rediff.com reserves the right to terminate your rights to
use the service immediately, notwithstanding penal provisions under the
Indian cyber laws or any other allied laws enacted by the Government of
India or any other statutory, legislative or regulatory authority
authorized in this regard from time to time.
6.8. Member understands the Service is advertising supported and
you grant Rediff.com the right to disclose the aggregate Registration
Data to third parties in connection with marketing the Services.
Furthermore, Rediff.com may itself use the members individual
Registration Data to provide targeting of advertisements and other
Service offers.
- Notice of Infringement:
If you are the rightful owner of the content, and have the reason to
believe that any content that has been uploaded/contributed through
this Service is in infringement of your rights, then either you or any
person/entity authorized by you can intimate the same to Rediff.com in
the following manner:
7.1. A physical or an electronic request identifying the content alleged to be in infringement of rights of the rightful owner;
7.2. Identification and description of the content that is to be removed or access to which is to be disabled;
7.3. A declaration cum undertaking that you are the rightful
owner of the content and that your agent is duly constituted and
authorized and has all the requisite powers to act for and on your
behalf and that the information in the notification is true, complete
and accurate and that Rediff.com shall not be liable for any loss or
damage or claim for relying upon the said notification.
7.4. Contact information including address, telephone number,
email address, etc. where you or your agent can be contacted if
required.
You can Notify Rediff.com at:
Product Manager
Rediff.com India Ltd.
Address: Mahalaxmi Engineering Estate, L. J. First Cross Road, Mahim (W), Mumbai 400 016 (India)
Tel: 91 22 2444 9144
Fax: 91 22 2445 5346
Email id: feedbackishare@rediff.co.in
- Indemnity
You agree to indemnify and hold harmless Rediff.com, its affiliates,
its employees, directors, officers, agents, and their successors and
assigns from and against any and all civil, criminal and other
liabilities, damages, losses, costs and expenses, including attorney's
fees, caused by or arising from or in connection with the contents
posted/uploaded by you including any claim of libel, defamation,
violation of rights of privacy or publicity, loss of service by other
members, violation of these terms and conditions and infringement of
intellectual property or other rights including but not limited to
proprietary rights.
- Disclaimer and limitation of liability:
Members expressly agree and acknowledge that the use of the service is
at their sole risk. The service is provided on an "as is" and "as
available" basis. Rediff.com expressly disclaims all warranties of any
kind, whether express or implied. Rediff.com makes no warranty that the
services will meet the member's requirements, or the services will be
uninterrupted, timely, secure, or error free; nor does Rediff.com make
any warranty as to the results that may be obtained through the service
or that defects in the software will be corrected. Member understands
and agrees that any content and/or data downloaded or otherwise
obtained through the use of the service is done at the member's own
discretion and risk and member will be solely responsible for any
damage to their computer systems or loss of data or loss to any
property that results from the use of this Site or Service. Rediff.com
makes no warranty regarding any transactions entered into through the
service. No advice or information, whether oral or written, which the
member obtains from Rediff.com or through the service shall create any
warranty not expressly made herein.
Rediff.com does not endorse in anyway any content/ materials or
the expression of the members. Rediff.com shall neither be responsible
nor liable for any consequential damages arising on account of the
member relying on the contents. Rediff.com shall not be liable for any
direct, indirect, incidental, special, punitive or consequential loss,
damages or for interrupted communications, lost data or lost profits
arising out of or in connection with this service, even if Rediff.com
has been advised of the possibility of damages, or inability to use the
Rediff sites/services or related services, the provision of or failure
to provide services, or for any information, software, products,
services and related graphics obtained through the Rediff
sites/services, or otherwise arising out of the use of the Rediff
sites/services, whether based on contract, tort, negligence, strict
liability or otherwise, even if Rediff.com or any of its suppliers has
been advised of the possibility of damages. Rediff.com does not endorse
in anyway any advertisers/ contents of advertisers on its web pages
including this Service. Please therefore verify the veracity of all
information/content on your own before undertaking reliance and
actioning thereupon. Rediff.com shall not be responsible nor liable for
any consequential damages arising on account of your relying on the
contents posted through the Services or any advertisement.
Rediff.com has made this service available to you as a matter of
convenience. Rediff.com expressly disclaims any claim or liability
arising out of your accessibility to this service, including but not
limited to posting/uploading of any content that is obscene, vulgar or
pornographic, or altering or distorting the content available under
this service in an obscene, vulgar or pornographic manner or violating
any rights including the intellectual property rights of any third
party.
Some jurisdictions do not allow the limitation of liability so some of the above limitations may not apply to you.
- Privacy Policy:
All information provided by you or
collected by Rediff.com during your access to this service is governed
by our Privacy Policy which is hereby incorporated into these Terms by
this reference.
- Notices and communication
You consent to receive the notices and communication from the Service by email or posting on this Website.
- Miscellaneous:
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed to be
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this
agreement along with the Rediff.com Privacy Policy and disclaimer
constitutes and forms the entire agreement between the user and
Rediff.com with respect to these services and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Rediff.com with respect to the
sites/services. Rediff.com's failure to act with respect to a breach by
you or others does not waive its right to act with respect to
subsequent or similar breaches.
- Jurisdiction:
This agreement is governed and construed in accordance with the Laws of
Union of India. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all
disputes arising out of or relating to the use of the Rediff
sites/services. Use of the Rediff sites/services is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree
to indemnify and hold Rediff.com, its subsidiaries, affiliates,
officers, directors, employees, and representatives harmless from any
claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or arising out of your use of or
conduct on the Rediff sites/services.
Rediff.com's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this
agreement is in derogation of Rediff's right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Rediff sites/services or information
provided to or gathered by Rediff.com with respect to such use.
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