Terms Of Use

TERMS OF USE

These Terms of Use are between Big Tree Entertainment Private Limited (“Company”, “Bigtree”, “we”, “our”, “us) and persons/users of Bigtree’s products, services and/or website (“You”).
These Terms of Use, along with the Privacy Policy accessible here (“Agreement”) governs your use of Bigtree’s website accessible at ‘daily.social’ (“Website”) along with any and all mobile applications and services such as software, data feeds, email newsletters and associated services provided to you on, from, or through such Website and mobile applications (“Services”) and Content (as more particularly defined hereinafter) appearing on the said Website through the Services. For the purposes of this Agreement, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services, including the User Content (as defined below).

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website accessible at ‘daily.social’.

1. ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use (along with our Privacy Policy) very carefully. By accessing or using the Website and/or the Services and/or by downloading or uploading or viewing Content from or to the Website, you represent that you have read the Terms of Use and Privacy Policy and agree to be bound by the same and all terms incorporated by reference. You further represent and warrant that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 13 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Website. If you do not agree with all of the use requirements and restrictions described herein, do not use and/or access the Website or our Services.

This Agreement does not alter in any way the terms or conditions of any other

agreement you may have with the Company. If you are using the Website on

behalf of any entity, you represent and warrant that you are authorized to

accept the terms and conditions set forth in this Agreement on such entity’s

behalf, and that such entity agrees to indemnify you and the Company for

violations of this Agreement. By agreeing to these Terms of Use, you also

agree to our Privacy Policy and/or such other additional terms, conditions and

policies referenced herein and/or available by hyperlinks and/or established or

introduced by the Company from time to time.

2. RESTRICTIONS

Your Use of the Website is solely for your own personal use. You expressly

agree and acknowledge that you shall not:

(i) use the Website and/or the Services to copy, reproduce, use or

otherwise deal with any Content available and/or accessible on the

Website;

(ii) use the Content of the Website or any part of it for any commercial

exploitation;

(iii) modify, delete, distribute or re-post any Content available on the

Website, including but not limited to, legal notices, disclaimers or

proprietary notices such as copyright or trademark symbols, logos

etc. that you do not own or have express permission to modify;

(iv) engage in any form of antisocial, disrupting, or destructive acts,

including "flaming," "spamming," "flooding," "trolling," “phishing” and

"griefing" as those terms are commonly understood and used on

the Internet;

(v) use the Website and/or the Services and/or the Content in a way

that might reasonably be expected to cause the Website to be

interrupted, damaged, rendered less efficient or in a manner which

could in any way damage the operation of another user’s computer:

The Services may contain Content specifically provided by us, our partners or

our users and such Content is protected by copyrights, trademarks, service

marks, patents, trade secrets or other proprietary rights and laws. You shall

abide by and maintain all copyright notices, information, and restrictions

contained in any Content accessed through the Services.

You shall not:

(i) take any action that imposes or may impose (as determined by us

at our sole discretion) an unreasonable or disproportionately large

load on our (or our third party providers) infrastructure;

(ii) interfere or attempt to interfere with the proper working of the

Services or any activities conducted on the Services;

(iii) bypass, circumvent or attempt to bypass or circumvent any

measures we may use to prevent or restrict access to the Services

(or other accounts, computer systems or networks connected to the

Services);

(iv) run any form of auto-responder or "spam" on the Services;

(v) use manual or automated software, devices, or other processes to

"crawl" or "spider" any part of the Services and/or reproduce, crawl

of frame the Website on or from any other website and/or mobile

application;

(vi) harvest or scrape any Content from the Services; or

(vii) otherwise take any action in violation of our guidelines and policies.

In the event of any actual or suspected breach by you of the policies of the

Website, your use and/oraccess of the Website will, at our sole disrection, be

terminated immediately.

We also reserve the right to access, read, preserve, and disclose any

information as we reasonably believe is necessary to (i) satisfy any applicable

law, regulation, legal process or governmental request, (ii) enforce this

Agreement, including investigation of potential violations hereof, (iii) detect,

prevent, or otherwise address fraud, security or technical issues, (iv) respond

to user support requests, or (v) protect the rights, property or safety of us, our

users and the public.

You shall not (and shall not permit any third party to) either (a) take any action

or (b) upload, download, post, submit or otherwise distribute or facilitate

distribution of any Content on or through the Services, including without

limitation any User Content, that:

(i) infringes any intellectual property, proprietary rights or

confidentiality obligations of any other person or entity or violates

any law;

(ii) does not belong to you;

(iii) you know is false, misleading, untruthful or inaccurate or that could

damage us or any third party;

(iv) is fraudulent, unlawful or contains or promotes defamatory or illegal

information and activities, images, materials or descriptions;

(v) is unlawful, threatening, abusive, harmful, harassing, defamatory,

blasphemous, tortious, obscene, pornographic, paedophilic,

libellous, invasive of another’s privacy, hateful, or racially,

ethnically objectionable, disparaging, relating or encouraging

money laundering or gambling, or otherwise unlawful and/or

inappropriate in any manner, as determined by us in our sole

discretion;

(vi) causes duress, distress or discomfort to another or is likely to deter

or discourage others from using the Services, as determined by us

in our sole discretion;

(vii) constitutes unauthorized or unsolicited advertising, junk or bulk

messages (“spamming”);

(viii) harms minors in any way;

(ix) contains software viruses or any other computer codes, files, or

programs that are designed or intended to disrupt, damage, limit or

interfere with the proper function of any software, hardware, or

telecommunications equipment or to damage or obtain

unauthorized access to any system, data, password or other

information of ours or of any third party;

(x) impersonates any person or entity, including any of our employees

or representatives;

(xi) includes anyone’s identification documents or sensitive financial

information; or

(xii) threatens the unity, integrity, defence, security or sovereignty of

India, friendly relations with foreign states, or public order or causes

incitement to the commission of any cognisable offence or prevents

investigation of any offence or is insulting to any other nation.

3. AVAILABILITY

We do not guarantee that any Content will be made available in, or through,

the Services. We reserve the right to, but do not have any obligation to, (i)

remove, refuse to distribute, edit, modify or otherwise manipulate any Content

at our sole discretion, at any time, without notice to you and for any reason

(including, but not limited to, upon receipt of claims or allegations from third

parties or authorities relating to such Content or if we are concerned that you

may have violated this Agreement), or for no reason at all, and (ii) to remove

or block any Content from the Services.

We will make reasonable efforts to keep the Services operational. However,

certain technical difficulties, routine site maintenance/upgrades and any other

event outside our control may, from time to time, result in temporary service

interruptions. We also reserve the right at any time and from any time to

modify, suspend or discontinue, temporarily or permanently, the Services or

any part thereof with or without notice. You agree that we shall not be liable to

you or any third party for any of the direct or indirect consequences of any

modification, suspension, discontinuance of or interruption to the Services.

Unless otherwise agreed upon in writing by you and the Company, you may

not use any third party platforms, other than your own website or your own

social media pages, to link to or distribute the Content.

4. USER CONTENT

Some features of the Services may allow you to create, submit, post, embed

or display the Content on or through the Services and all such Content added,

created, uploaded, submitted, distributed and/or posted to the Services by

users shall be referred to as “User Content”. Such User Content, whether

publicly posted or privately transmitted, is the sole responsibility of the person

who originated such User Content.

By submitting or posting User Content, you irrevocably grant us a worldwide,

irrevocable, fully-paid, royalty-free, sub-licensable, transferable license to use,

edit, display, truncate, aggregate, copy, reproduce, process, modify, delete

from, add to, prepare derivative works of, publish and distribute any User

Content and otherwise fully exploit the User Content and all intellectual

property rights associated therewith, throughout the world in any media

formats and any media channel now known of hereinafter devised for any

promotional or commercial purposes, either by us or third parties who partner

with us for syndication, broadcast, distribution, performance or publication of

our Content, during the full term of copyright and all renewals and extensions

thereof, without any obligation to make any payment to you or others or to

give you credit. In the event we decide to give you credit, at our sole

discretion, you further grant us the right to use your name and likeness under

the license contained in this paragraph in association with your User Content

and the promotion and advertising thereof. You also waive any right to inspect

or approve any final product. You also hereby do and shall grant each user of

the Website and/or the Services a perpetual license to access your User

Content through the Website and/or the Services, solely for personal use of

such User Content.

You further represent that all User Content provided by you is accurate,

complete, up-to- date, and in compliance with all applicable laws, rules and

regulations. You acknowledge that all Content, including User Content,

accessed by you using the Services is at your own risk and you will be solely

responsible for any damage or loss to you or any other party resulting

therefrom. We do not guarantee that any Content you access on or through

the Services is or will continue to be accurate.

We may modify or adapt your User Content in order to transmit, display or

distribute it over computer networks and in various media and/or make

changes to your User Content as are necessary to conform and adapt it to

any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any User Content you

provide, and for any consequences thereof, including the use of your User

Content by other users and our third party partners. You understand that your

User Content may be syndicated, broadcast, distributed, or published by our

partners and if you do not have the right to submit User Content for such use,

it may subject you to liability. We will not be responsible or liable for any use

of your User Content by us in accordance with these Terms of Use. We do not

guarantee any confidentiality with respect to any User Content you submit. By

submitting or posting the User Content, you represent and warrant that you

have full and unrestricted rights, power and authority necessary to grant the

rights granted herein to any User Content that you submit.

You also represent and warrant that the posting of your User Content or

usage of such User Content in accordance with the terms hereof does not

violate any right of any party, including copyrights, privacy rights, publicity

rights, trademarks, contract rights, or any other intellectual property rights.

You further agree that User Content you submit to the Services will not

contain material that is subject to any third party intellectual property rights,

unless you have permission from the rightful owner of the material or you are

otherwise legally entitled to post the material and to grant us the license and

usage rights granted in this Agreement. You further expressly state that you

own or have the necessary right to submit User Content for use in the manner

set out in this Agreement and to grant the rights mentioned hereinabove.

You further agree and acknowledge that once your User Content is displayed

on the Website, we are under no obligation to delete such User Content and

accordingly, it may continue to appear on the Website and/or used indefinitely

by us in any manner deemed fit by us.

By submitting or posting the User Content, you agree that your submission of

the User Content does not in any way implicate you as our employee, agent

or partner. By submitting or posting the User Content, you further forever

release and discharge Bigtree, its affiliates, advertising agency, successors,

assigns and their respective officers, employees, agents from any and all

claims, actions and demands arising out of, or in connection with, the use of

your User Content, your name and biographical data, including, without

limitation, any and all claims for invasion of privacy and libel. This release

shall inure to the benefit of our assigns, licensees and legal representatives.

We will make reasonable efforts to preserve the User Content provided by

you; however, we are in no event responsible or liable for failure to do so and

you are solely responsible for creating and maintaining a backup of your User

Content.

You expressly agree and acknowledge that you shall not hold the Company

responsible and/or liable for any Content and/or User Contet posted on the

Website whether by us, other users and/or yourself.

Further, we hereby expressly reserve our right to reject, refuse to post and/or

delete any User Content for any reasona whatsoever, including, but not

limited to, User Content, in the sole opinion of the Company, being in violation

of this Agreement or being considered to be offensive, illegaly or in violation of

the rights of any person or entity, or being harmful and/or threatening the

safety of others.

You shall, at all times, abide by all applicable local, state, national and

international laws and regulations in connection with the User Content and/or

accessing the Website and its Services.

5. LOGIN

Certain features of the Services such as posting or submitting comments,

information and feedback in the Services requires login through third party ID

(such as Facebook, Twitter and Google). By logging in through third party ID,

you permit us to access certain information from your profile (such as name,

email address etc.) for use by the Services in accordance with our Privacy

Policy.

6. INTELLECTUAL PROPERTY RIGHTS

All right, title and interest in and to the Website and the Services including the

Content in and to the Services are and will remain the exclusive property of

Bigtree and/or third parties (as applicable). The Website and the Services

including the Content are protected by copyright, trademark and other laws of

Republic of India and other countries. You will not acquire any intellectual

property rights in and to Bigtree and/or the Website by your use of the

Services or the Website.

We reserve all rights including those not expressly written in this Agreement.

Content available through the Services may only be viewed for your personal,

non-commercial use only. Except as expressly provided herein, you are not

granted any rights or license to patents, copyrights, trade secrets or

trademarks with respect to the Website, the Services or the Content, and we

reserve all rights not expressly granted hereunder. We do not permit copyright

infringing activities and infringement of intellectual property rights on or

through the Services, including the Content. We request that you will promptly

notify us in writing upon your discovery of any unauthorized use or

infringement of the Services (including the Content) or our patent, copyright,

trade secret, trademarks or other intellectual property rights. You agree that

you will not, and you will not encourage, assist or authorize any other person

to, directly or indirectly, for any reason whatsoever, reverse engineer,

decompile, disassemble, or otherwise tamper with any security components,

usage rules or other protection measures applicable to the Website, the

Services or the Content.

You further agree that you will not, and will not enable others to, except as

expressly permitted hereunder, (i) copy, reproduce, decompile, reverse

engineer, disassemble, decrypt, or attempt to derive the source code of or

underlying ideas or algorithms of any part of the Services (including without

limitation any application), (ii) modify, translate, or otherwise create derivative

works of any part of the Services, (iii) retransmit, distribute, disseminate, sell,

perform, make available to third parties, or exploit for any purposes (including,

without limitation, personal, non-commercial use) the Services or the Content,

or any part thereof, without express prior written consent from us (except as

and only to the extent any foregoing restriction is prohibited by applicable law

or to the extent as may be permitted by licensing terms governing use of

open-sourced components included with the Services).

You further agree not to make use of the Content in a manner that would

infringe the copyright therein. Any attempt to do so is a violation of our rights.

You agree to abide by the rules and policies established from time to time by

us. Such rules and policies will be applied generally in a nondiscriminatory

manner to users of the Services, and may include, for example, required or

automated updates, modifications, and/or reinstallations of mobile

applications and obtaining available patches to address security,

interoperability, and/or performance issues. You also acknowledge and agree

that any feedback, comments or suggestions you may provide regarding the

Services is entirely voluntary and we will be free to use such feedback,

comments or suggestions as we see fit and without any obligation or

compensation to you.

7. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your copyright work has been copied and posted in the

Services in a way that constitutes copyright infringement, please provide us

with the following information:

(i) a physical or electronic signature of the copyright owner or a person

authorized to act on their behalf;

(ii) identification of the copyrighted work claimed to have been

infringed;

(iii) identification of the material that is claimed to be infringing or to be

the subject of infringing activity and that is to be removed or access

to which is to be disabled, and information reasonably sufficient to

permit us to locate the material;

(iv) your contact information, including your address, telephone

number, and an email address;

(v) 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; and

(vi) a statement that the information in the notification is accurate, and,

under penalty of perjury, that you are authorized to act on behalf of

the copyright owner, by sending an email to [email protected].

We will take appropriate action as mandated under applicable laws, including

the Information Technology Act, 2000 (including the Rules framed

thereunder). We will remove the said Content upon receipt of a infringement

claim if we believe in good faith that it is likely that the said Content is

infringing intellectual property right of any third party.

8. DISCLAIMER REGARDING THIRD PARTY LINKS

Our Services may include links to other websites and mobile applications that

are owned and operated by third parties. These third party websites and

mobile applications may contain information which some people consider

inappropriate or offensive. You acknowledge that these third party websites

and mobile applications are beyond our control, and we are not responsible

and/or liable for the availability of, or the content located on or through, any

third-party websites and mobile applications and/or the functions, accuract,

legality, approrpiateness and/or any other aspect of such websites or

resources. The inclusion of any such link does not imply our endorsement or

any association between us and their operators. You further acknowledge and

agree that we shall not be responsible or liable, directly or indirectly, for any

damage or loss caused or alleged to be caused by or in connection with the

use of or reliance on any such content, goods or services available on or

through any such website or resource.

You should contact the administrator for those third-party websites and mobile

applications if you have any concerns regarding such links or the content

located on such websites and mobile applications. Your use of those third-

party websites and mobile applications is undertaken at your own risk, and is

subject to the terms of use and privacy policies of each website and mobile

application. We include third party links or references merely as a

convenience to our users, and we do not endorse nor assume any liability for

the third party websites and mobile applications, services, or products.

9. DISCLAIMER REGARDING CONTENT

Our Services may include Content, including User Content, which may be

offensive, harmful, objectionable, indecent, unlawful, inaccurate or

inappropriate. We do not endorse any Content, and the same does not reflect

our opinions or policies. We may, but are not required to, monitor Content,

restrict and/or remove Content that we determine at our sole discretion is

inappropriate or for any other reason. Under no circumstances do we assume

any responsibility or liability whatsoever for any Content, including but not

limited to any errors or omissions in any Content or any loss or damage of any

kind incurred as a result of the use of any Content made available via the

Services, and you agree to waive any legal or equitable rights or remedies

you may have against us with respect to such Content. Any use or reliance on

any Content by you through the Services is at your own risk.

10. DISCLAIMER OF WARRANTIES

You expressly agree that use of and access to the Services or any Content is

at your sole risk. The Services are provided on an “as is” and an “as available”

basis. We do not make, and hereby disclaim, any representations or

warranties regarding the Website and/or the Services along with any Content

offered through the Services or any portion thereof, express, implied or

statutory, including (without limitation) implied warranties of merchantability,

fitness for a particular purpose, title, non-infringement of third party rights, or

any warranties arising by course of dealing or custom of trade. We make no

representation or warranty and disclaim all responsibility and liability for: (i)

the completeness, accuracy, availability, timeliness, security or reliability of

the Services 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 Services or

any Content; (iii) the deletion of, or the failure to store or to transmit, any

Content and other communications maintained by the Services; (iv) whether

the Services will meet your requirements or be available on an uninterrupted,

secure, error-free, virus-free, or otherwise secure basis..

11. INDEMNITY

You agree to defend, indemnify and hold us and our directors, employees,

agents and/or affiliates harmless against any losses, expenses, costs or

damages (including our reasonable attorneys’ fees, expert fees’ and other

reasonable costs of litigation or proceedings) arising from, incurred as a result

of, or in any manner related to any claim or action based upon (a) your breach

of, or failure to comply with, the terms and conditions of this Agreement and/or

(b) your use of the Services. We may, in our discretion, participate in the

defense of any such claim or action and any negotiations for its settlement or

compromise. No settlement which may adversely affect our rights or

obligations shall be made without our prior written approval. We reserve the

right, at our sole discretion, to elect to assume exclusive defense and control

of any such claim or action.

12. LIMITATION OF LIABILITY

In no event shall we, nor our directors, employees, agents, partners,

licensors, suppliers, partners, affiliates or third-party service providers shall be

liable to you or any third party for any direct, indirect, incidental, special,

exemplary, punitive or consequential damages, or any other form of damages

in any manner arising out of or in connection with this Agreement or your use

of the Services or any Content, regardless of the form of action or the basis of

the claim or whether or not we have been advised of the possibility of such

damages

13. CHOICE OF LAW AND CONSENT TO JURISDICTION

This Agreement is governed by the laws of India, without regard to its conflicts

of law provisions; and you hereby consent to the exclusive jurisdiction of

courts in Mumbai, India with respect to all disputes arising out of or relating to

the Services.

14. TERMINATION/CANCELLATION

We may terminate your access to all or any part of the Services at any time,

with or without cause, with or without notice, effective immediately. All

provisions of this Agreement which by their nature should survive termination

shall survive termination, including, without limitation, licenses of User

Content, ownership provisions, warranty disclaimers, indemnity and limitations

of liability.

15. OTHER IMPORTANT PROVISIONS

Use of the Services is unauthorized in any jurisdiction that does not give effect

to all provisions of these terms and conditions. You shall not use the Services

in any manner contrary to local, state or national law. We expressly disclaim

any and all responsibility or liability for any action by you that is contrary to

such law(s) by you and reserves the right to terminate your access to the

Services immediately upon notice of your failure to comply with any such

local, state or national law. Our performance of this Agreement is subject to

existing laws and legal process, and nothing contained in this Agreement is in

derogation of our right to comply with governmental, court and law

enforcement requests or requirements relating to your use of the Services or

information provided to or gathered by us with respect to such use.

You acknowledge and agree that nothing in this Agreement constitutes an

employment agreement or creates or acknowledges an employment

relationship between you and us or makes us partners, joint venturers or

otherwise participants in a joint undertaking. Our relationship shall at all times

be one of independent contractors.

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 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.

Notices by you to us hereunder shall be invalid unless made in writing (email

or signed document) to the mailing address listed on daily.social or to [email protected]. Notices by us to you may be made in any manner we

deem appropriate in our sole discretion.

You must keep any information you obtain relating to our software confidential

and will not use such information for any purpose that is not specifically

provided for in this Agreement or authorized by us in writing.

No failure or delay on our part in enforcing any provision, exercising any

option or requiring performance, shall be construed to be a waiver of that or

any other right in connection with this Agreement and shall in no way affect

our right to later enforce or exercise it.

You may not assign your rights under this Agreement without our prior written

permission and any attempt by you to do so shall be void from inception. We

may freely transfer, assign or delegate this Agreement or its rights and duties

under this Agreement. Subject to the foregoing, this Agreement will be binding

upon and will inure to the benefit of the parties and their respective

representatives, heirs, administrators, successors and permitted assigns.

This Agreement, together with our Privacy Policy and any other rules,

regulations, procedures and policies which we refer to and which are hereby

incorporated herein by this reference, constitutes the entire agreement

between you and us with respect to the Services and it supersedes all prior or

contemporaneous communications and proposals, whether electronic, oral or

written, between you and us with respect to the Services.

Any provision which must survive in order to allow us to enforce its meaning

shall survive the termination of this Agreement.

A printed version of this Agreement and of any notice given in electronic form

shall be admissible in judicial or administrative proceedings based upon or

relating to this Agreement to the same extent and subject to the same

conditions as other business documents and records originally generated and

maintained in printed form.

The English language version of this Agreement shall be controlling in all

respects and shall prevail in case of any inconsistencies with translated

versions, if any.

16. CHANGES TO THIS AGREEMENT

We reserve the right to change or amend the terms of this Agreement at any

time. It is your responsibility to check this agreement on a regular basis,

including, without limitation, prior to using the Website and/or the Services.

Your continued use of the Website and/or Services constitutes your

acceptance of the revised terms.i

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