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