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 "TEASER" and the website ("Platform") owned and
operated by FG Media & Safety Technologies Pvt Ltd ("Company"). 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, an
electronic record under the Act, 2000, the rules thereunder, and the amended provisions pertaining to electronic
records under various Indian statutes.
Eligibility and Access
- 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.
- 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.
- 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
Privacy
Any information that you provide to the Company is subject to the Privacy Policy, which governs the
collection and use of your information.
User Account, Passwords and Security
- 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.
- You shall ensure and confirm that the Account information provided by you is complete, accurate and upto-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.
- 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).
- 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.
- 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.
Acceptable Use
- 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
- In connection with the use of the Service and Platform, you agree that you will not:
- violate any law, regulation, or court order;
- violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or
other legal rights of any third party;
- 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, pedophilic or otherwise objectionable (including nudity),
blasphemous, invasive of another's privacy, or relating or encouraging money laundering or gambling;
- harms minors in anyway;
- send advertising or commercial communications, including spam, or any other unsolicited or
unauthorized communications;
- 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;
- 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;
- 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;
- stalk, harass, threaten, or harm any third party;
- impersonate any third party;
- participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
- use any means to scrape or crawl any part of the Platform;
- access, tamper with the Content, computer systems, or the technical delivery systems of the Platform or
its service providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or
authentication measures;
- 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);
- 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;
- access the Platform to obtain information to build a similar or competitive application, or service;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying
code used as part of the Platform;
- 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;
- Advocate, encourage, or assist any third party in doing any of the foregoing.
- 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
Content
- 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.
- 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.
- 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, sub licensable (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.
- You represent and warrant that:
- 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;
- your agreement to these Terms does not violate any agreement that you may have with any third party;
- 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.
- 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.
- 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.
Disclaimer regarding Content and Third-Party Interactions
- Any use or reliance on any Content available on the Service is at your own risk.
- 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
- 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.
- 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.
- 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
- 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.
- Subject to clause , 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.
Take Down Policy
- If you believe any Content violates your intellectual property, you must promptly notify the Company in
writing at legal@mitron.tv.
- 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:
- the intellectual property that you believe is being infringed;
- the Content that you think is infringing and include sufficient information about where the material is
located on the Platform;
- 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;
- your contact details, such as you address, telephone number, and/or email;
- 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;
- 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;
- 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
- your physical or electronic signature
- 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.
License to Use the Service
- 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.
- You may access the Service only in geographic locations within India
- 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.
- 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.
- 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.
Proprietary Rights of the Company
- 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.
- 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.
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.
Suspension and Termination
- 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.
- 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.
- 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.
Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of the Company Entities
Availability on "AS-IS" basis
- 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.
- 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 errorfree basis or whether any errors or defects will be corrected.
- 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.
- 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.
- 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
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.
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.
General Terms
- 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.
- 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.
- 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
Grievance Redressal:
- Any complaints arising from the use of the Service may be addressed to the following:
Office Address : No 107, 2nd Main Road , MLA Layout,RT Nagar ,Bengaluru, Karnataka 560032
- The Officer shall within 24hrs 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.