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User Agreement

User Agreement
Last updated January 28, 2023
 

INTRODUCTION

Welcome to Vaaday Media! This user agreement (the "Agreement") governs your use of our website, mobile application, and any other online or offline services we provide (collectively, the "Service(s)"). By accessing or using the Service, you agree to be bound by the terms and conditions set forth in this Agreement.If you do not agree to be bound by this Agreement, you may not use the Service(s).
 

DEFINITIONS"User" means any individual or entity that accesses or uses the Service(s). "Company" means Vaaday Media. "Content" means any text, images, graphics, audio, video, or other materials that are made available through the Service(s). "Intellectual Property" means any and all patents, trademarks, copyrights, trade secrets, and other intellectual property rights associated with the Service(s) and any related materials. "Personal Information" means any information that identifies or can be used to identify an individual user, such as name, email address, or phone number. "Third-Party Content" means any content, products, or services provided by third-party providers through the Service(s).
 

ACCEPTANCE OF TERMS

You acknowledge that you have read and understood this Agreement, and agree to be legally bound by its terms and conditions. You represent and warrant that you are at least 17 years of age and have the legal capacity to enter into this Agreement.

If you violate any of the terms and conditions of this Agreement, your access to the Service(s) may be terminated immediately without notice. In addition, you acknowledge that Vaaday Media may take any legal action necessary to enforce its rights under this Agreement.

You agree that Vaaday Media may modify this Agreement from time to time in its sole discretion, and that your continued use of the Service(s) after any such modification constitutes your acceptance of the modified Agreement. It is your responsibility to review this Agreement regularly to ensure that you are aware of any changes.

USER OBLIGATIONS AND RESPONSIBILITIES

As a user of the Service(s), you agree to comply with all applicable laws and regulations in India and England, including but not limited to laws related to intellectual property rights, online conduct, and data protection. You acknowledge that you are solely responsible for your use of the Service(s) and any Content that you upload, post, or transmit through the Service(s) .

You agree not to use the Service(s) for any illegal, harmful, or offensive purpose, including but not limited to:

  • Uploading, posting, or transmitting any content that is illegal, harmful, or offensive, including but not limited to content that is defamatory, obscene, or threatening;

  • Using the Service(s) to engage in any activity that is illegal, harmful, or offensive, including but not limited to hacking, phishing, or spamming;

  • Sharing or distributing any content or materials that are owned by third parties, unless you have obtained the necessary consent to do so; or

  • Interfering with the proper functioning of the Service(s) or any network or system associated with the Service(s).

You agree not to access or use the Service(s) in any way that could damage, disable, overburden, or impair the Service(s) or any server or network connected to the Service(s) . You also agree not to attempt to gain unauthorized access to any portion of the Service(s) or any Content that is not intended for your use.

You acknowledge that Vaaday Media may remove any Content that violates these obligations and responsibilities, and that Vaaday Media may terminate your access to the Service(s) at any time if you violate this Agreement.

You also acknowledge that any personal data or information that you provide to the Service(s) will be subject to applicable data protection laws in India and England. You agree to provide accurate and complete information and to keep your personal data up-to-date.
 

USER AGREEMENT: OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY

This User Agreement ("Agreement") is a legally binding contract between the user ("User") and [Company Name] ("Company") governing the use of the Company's service(s) or platform ("Service(s)").

Ownership of Content and Intellectual Property:

  1. The User acknowledges and agrees that all content and intellectual property on the Service(s), including but not limited to text, graphics, images, logos, trademarks, service marks, audio clips, video clips, and software, are the property of the Company or its licensors and are protected by Indian and international intellectual property laws.

  2. The User agrees not to copy, reproduce, modify, distribute, display, or create derivative works based on any content or intellectual property on the Service(s) without the prior written consent of the Company or its licensors.

  3. The User further agrees not to use any content or intellectual property on the Service(s) for any commercial purpose or in any manner that infringes the intellectual property rights of the Company or its licensors.

  4. The Company reserves the right to remove any content posted by the User that violates the intellectual property rights of the Company or its licensors.

  5. The User acknowledges and agrees that any suggestions, ideas, feedback, or other information provided by the User to the Company regarding the Service(s) or its content shall become the property of the Company, and the Company shall have the right to use such information in any manner without any obligation to the User.

  6. The User acknowledges and agrees that any use of the Service(s) or its content not expressly permitted by this Agreement is a breach of this Agreement and may violate Indian and international intellectual property laws.

  7. The User agrees to indemnify and hold the Company and its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or in connection with any breach by the User of this Agreement or the intellectual property rights of the Company or its licensors.

By using the Service, the User acknowledges that he/she has read and understood this Agreement, and agrees to be bound by its terms and conditions. If the User does not agree to the terms and conditions of this Agreement, he/she should immediately cease using the Service.

This Agreement shall be governed by and construed in accordance with the laws of India, and any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Hyderabad,India


PRIVACY POLICY:

Our company respects the privacy of our users and is committed to protecting their personal information. This section of the user agreement outlines our policies regarding the collection, use, and sharing of user data.

Collection of Information: We may collect personal information from users in a variety of ways, including when they register on our platform, fill out a form, subscribe to a newsletter, or interact with our platform in other ways. This information may include their name, email address, phone number, and other personal details.

Use of Information: We use the information collected from users for a variety of purposes, including to improve our platform, to personalize the user experience, and to send occasional emails or newsletters. We may also use this information to contact users in case of technical issues or other important updates.

Sharing of Information: We do not sell, trade, or rent user information to outside parties. We may share user information with trusted third-party partners who assist us in operating our platform, conducting our business, or servicing our users, but only to the extent necessary to provide these services.

Compliance with Applicable Laws: Our company complies with all applicable privacy laws and regulations. We are committed to protecting the personal information of our users and will take all reasonable steps to ensure that user data is secure and protected.

By using our platform, users consent to our privacy policy and agree to the collection, use, and sharing of their personal information as outlined in this policy 

 

LIMITATIONS OF LIABILITY 

  1. Use of Service or Platform: By using our service or platform, you agree that the company and its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the service or platform.

  2. Scope of Liability: To the maximum extent permitted by law, the company and its affiliates, officers, directors, employees, and agents shall not be liable for any damages, losses, or expenses incurred by you in connection with the use of the service or platform, including but not limited to, any direct, indirect, incidental, special, or consequential damages, loss of profits, loss of data, or other intangible losses, even if the company has been advised of the possibility of such damages.

  3. Basis of Liability: In no event shall the company's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you, if any, for accessing the service or platform.

  4. Indemnification: You agree to indemnify and hold harmless the company and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the service or platform, including but not limited to, any breach by you of the terms of this user agreement.

  5. Force Majeure: The company shall not be liable for any failure to perform its obligations under this user agreement if such failure arises from any cause beyond its reasonable control, including but not limited to, acts of God, war, riot, terrorism, labor disputes, or natural disasters.

  6. No Warranties: The service or platform is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.


    DISPUTE RESOLUTION AND JURISDICTION 

  • Any dispute or claim arising out of or in connection with this User Agreement, including any question regarding its existence, validity, or termination, shall be governed by and construed in accordance with the laws of India and England, without giving effect to any choice of law or conflict of law provisions.

  • In the event of any dispute or claim arising out of or in connection with this User Agreement, the parties shall attempt to resolve the dispute or claim through negotiation. If the parties are unable to resolve the dispute or claim through negotiation within hundred (100) days after receipt of a written notice of dispute from one party to the other, the parties agree to submit the dispute or claim to mediation in accordance with the Indian Arbitration and Conciliation Act, 1996.

  • If the dispute or claim is not resolved through mediation within one hundred and Fifty (150) days after the mediator's appointment, or if either party refuses to participate in mediation, the dispute or claim shall be finally resolved by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English and shall take place in [City], India.

  • The parties agree that any arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties further agree that the prevailing party in any arbitration shall be entitled to recover its reasonable attorneys' fees and expenses incurred in connection with the arbitration.

  • Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

  • The parties hereby submit to the jurisdiction of the courts of India and England for any legal action arising out of or in connection with this User Agreement. The parties hereby waive any objection to the laying of venue in any such court and any claim that such forum is an inconvenient forum.

  • This Dispute Resolution and Jurisdiction clause shall survive the termination of this User Agreement.


    TERMINATION AND SUSPENSION OF ACCESS

  • The Company reserves the right to terminate or suspend your access to the service(s) or platform at any time, with or without cause, and with or without notice. The following circumstances may result in termination or suspension of your access:

  • Violation of the user agreement or any applicable laws or regulations.

  • Misuse or abuse of the service(s) or platform, including engaging in any activity that disrupts or interferes with the operation of the service(s) or platform.

  • Failure to pay any fees or charges associated with the service(s) or platform.

  • Any attempt to access or use the service(s) or platform for any illegal or unauthorized purpose.

  • Any conduct that the Company, in its sole discretion, determines to be harmful to its business interests or reputation.

  • In the event of termination or suspension, you will immediately lose access to the service or platform, and any content or data associated with your account may be deleted or otherwise unavailable. The Company shall not be liable to you or any third party for any damages, losses, or expenses incurred as a result of such termination or suspension.


    MISCELLANEOUS PROVISIONS

  • Governing Law: This user agreement shall be governed by and construed in accordance with the laws of India and Hyderabad.

  • Severability: If any provision of this user agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

  • Amendments: The company reserves the right to amend, modify, or change this user agreement at any time without prior notice. It is the responsibility of the user to periodically review the user agreement to stay informed of any changes.

  • Entire Agreement: This user agreement constitutes the entire agreement between the user and the company with respect to the use of the service(s) or platform, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.

  • Waiver: The failure of the company to enforce any right or provision of this user agreement shall not be deemed a waiver of such right or provision.

  • By accessing and using the service or platform, you agree to be bound by the terms and conditions of this user agreement, including the Miscellaneous Provisions outlined above.

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