Providing information to Us is Your choice. You understand that any data, information, content or information that You post, submit or upload to the Website shall be visible to other Users of the Website and will be stored on Company’s servers for the purposes of making the Website available to You. We advise You to be selective about what information You post. Please do not post, submit or upload to the Website any data, information, content or information which would include any Personal Information and Sensitive Personal Data or Information that You do not wish to be made available to the Company or to the public at the large.
The terms "Personal Information" and "Sensitive Personal Data or Information" shall have the meaning ascribed to it under the Act and/or The Information Technology (Reasonable Security Practices and Procedures And Sensitive Personal Data Or Information) Rules, 2011 and/or any other rules under the Act.
1. SENSITIVE PERSONAL DATA OR INFORMATION
THE COMPANY WILL NEVER ASK YOU AND YOU MUST NEVER PROVIDE SENSITIVE PERSONAL DATA OR INFORMATION TO THE COMPANY OR TO ANY PERSON/ENTITY REPRESENTING THE COMPANY. ANY DISCLOSURE OF SENSITIVE PERSONAL DATA OR INFORMATION SHALL BE AT YOUR SOLE RISK AND WITHOUT ANY LIABILITY TO THE COMPANY (INCLUDING ITS DIRECTORS, KEY MANAGERIAL PERSONNEL, OFFICERS AND EMPLOYEES).
YOU MUST NOT DISCLOSE YOUR:
(ii) financial information such as bank account details, credit card details, debit card details, secure pin number, passwords, etc.;
(iii) physical, physiological and mental health condition;
(iv) sexual orientation;
(v) medical records and history;
(vi) biometric information;
(vii) national identification numbers;
(viii) and such other sensitive personal data or information.
1.2. Please note that identity theft and the practice currently known as "phishing" are of great concern to the Company. We do not and will not, at any time, request Your credit card information/debit card information/financial pin numbers and passwords.
2. PERSONAL INFORMATION
2.1. The primary purpose of collection of personal information set out in Clause 2 (i) hereinbelow and other information set out in Clause 2.1 (ii) to (viii) hereinbelow, is to allow You to access and use the Website and various features on or in relation to the Website provided by the Company.
(i) We may obtain information about Your name, email address, date of birth, age, device, device id, contact details, gender, location, pin code, area code, occupation, provided by You either on the Website and/or which may be available to the Company or other Users as a result of You publishing User Material on the Website and/or which may be available to the Company if You access the Website through any linked social media platforms;
(ii) We may also obtain information about You, from any e-mails, letters, communication, etc. that You send to Us.
(iv) We may obtain information about Your IP address, operating system, browser type, browser version, browser configuration, name of internet service provider, and other types of computer and connection related information relevant to identifying Your type of device, geographic location, usage history, etc.
(v) We may also obtain information about how the Website is used by You. Such information may include but shall not be limited to:
(a) User Material that You publicly post or share on the Website;
(b) login information (date and time of login, number of logins, etc.);
(c) destinations/ pages visited within the Website;
(d) advertisements viewed and measurement of advertisement effectiveness;
(e) content viewed;
(f) content shared;
(g) User preferences (eg. program preferences, language, preferred social media, searched items, etc.);
(h) Third-Party Websites visited while on the Website;
(i) service requests; etc.
(vi) We may also obtain information collected by cookies or similar technologies (as described below), through contest and promotions held by the Company, newsletter subscriptions, enrollment for promotions, campaigns, special offers, surveys, feedback, analytics, research, information posted in social communities on the Website, etc. or otherwise shared on the Website.
(vii) We may also obtain information collected as a result of You hosting, displaying, uploading, modifying, publishing, transmitting, updating and sharing User Materials on the Website.
2.2. We may combine Your personal information with information collected from Tracking Technologies and aggregate it with information collected from other Users using the Website to attempt to provide You with the services and a better experience on the Website. You understand, agree and acknowledge that Our collection, storage and processing of Your personal information is for a lawful purpose connected with the functioning of the Website. You hereby consent to the collection, storage, use, disclosure, transfer, processing of the personal information for the purposes set out herein.
2.3. WE MAY DISCLOSE YOUR PERSONAL INFORMATION IN THE CIRCUMSTANCES SET OUT BELOW AND YOU HEREBY CONSENT TO THE SAME TO BE SHARED WITH:
(a) any third-party service provider to whom disclosure is necessary to enable Us to provide You with the services which You wish to access on or through the Website;
(b) any third-party service provider to whom disclosure is necessary to enable Us to provide You with the gratification as a result of You participating in any contest, promotional or marketing activity organized by the Company;
(c) any person/entity to whom disclosure is necessary in accordance with applicable law;
(d) any government or statutory authority or court of law or judicial forum to whom disclosure is necessary in accordance with applicable law;
(e) in circumstances We believe necessary or appropriate to respond to valid claims and legal process, to protect the property and rights of the Company, to protect the safety of the public or any person or User, or to prevent or stop any illegal, unethical or legally actionable activity;
(f) any person/entity to whom disclosure is necessary to enable Us to enforce Our rights;
(g) to Our joint ventures, business partners, agents or third parties for the purposes of the services or for any other marketing and promotional activity undertaken by or on behalf of the Company;
(h) any entity that legally acquires the Company or its Website.
We will use reasonable efforts to ensure that third parties who provide services in terms of this Clause 2.3, are under an obligation to maintain confidentiality with respect to the personal information and to use it for the purposes of the services only.
We understand the importance of data security and We want Your browsing experience with Us to be as safe as possible. We have implemented reasonable safeguards and precautions to protect Your personal information.
PLEASE UNDERSTAND THAT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL DATA AGAINST POTENTIAL RISKS AND EXPOSURES, THERE IS NO ABSOLUTE SECURITY IN THE ONLINE/ INTERNET SPHERE. THEREFORE, YOU MUST NOT DISCLOSE ANY INFORMATION ON THE WEBSITE THAT IS SENSITIVE PERSONAL DATA OR INFORMATION. YOU UNDERSTAND THAT THE TRANSMISSION OF INFORMATION OVER THE INTERNET IS NOT COMPLETELY SECURE AND THERE ARE RISKS ASSOCIATED WITH IT. ALTHOUGH WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THE SECURITY OF THE SAME WHILE IT IS BEING TRANSMITTED TO OUR WEBSITE AND ANY TRANSMISSION IS AT YOUR OWN RISK.
3. COOKIES & WEB BEACONS
3.1. BY DEFAULT, YOUR WEB BROWSER WILL ACCEPT COOKIES, HOWEVER THIS CAN BE ALTERED BY YOU. YOU HAVE THE OPTION OF ENABLING OR DISABLING COOKIES IN YOUR WEB BROWSER. IF YOU DO NOT WANT US TO INSTALL COOKIES, YOU MAY CHANGE THE SETTINGS ON YOUR WEB BROWSER TO DISABLE COOKIES. HOWEVER PLEASE NOTE THAT IF YOU DISABLE COOKIES, YOU MAY NOT BE ABLE TO USE ALL OF THE FEATURES OF THE WEBSITE.
3.2. The Website and/or third parties may use "Cookies", "Web Beacons", and other similar tracking technologies (collectively, "Tracking Technologies") to collect information automatically as You browse the Website and the internet. For the purposes of this clause below terms have the meanings as set out below:
"Cookies" (which may be html files, flash files or other technology) are text files that help store user preferences and activity.
"Web beacons" (also known as image tags, gif or web bugs) are small codes used to collect advertising data, such as counting page views, promotion views or advertising responses.
3.3. We use Tracking Technologies to help tailor Our content, understand Website and internet usage, improve or customize the content, offerings or advertisements on this Website, personalize Your experience on this Website (for example, to recognize You by name when You return to the Website), save Your password in password-protected areas, save Your online game or video player settings, allow Users to move between associated websites without logging into each website, help us offer You programs or services that may be of interest to You, deliver relevant advertising, maintain and administer the Website, etc. These Tracking Technologies collect "click stream" data and other additional information regarding Your visits to the Website, such as Your visits to the Website's webpages, use of Our features, or preferences and may also collect Your IP address or some other identifier unique to the device You use to access the Website ("Identifier"). Your Identifier is automatically assigned to the device You use to access the Website. By visiting the Website, whether as a registered user or otherwise, You acknowledge, understand and hereby agree that You are giving us Your consent to track Your activities and Your use of the Website through these Tracking Technologies.
3.4. The Website may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties including Adtech, Google and others (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on the Website, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Website ("Targeting Services"). These Third Party Advertising Service Providers may enable Us to display advertisements based on Your visits to the Website and other websites You have visited. Targeting Services enable Us to, among other things, help deliver advertisements or other content to You for services that You might be interested in, to conduct research regarding the usefulness of certain advertisements to You, etc.
3.5. The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on Your device if You choose to have Tracking Technologies enabled in Your browser (or, for flash cookies, if You have not removed them) and/or they may otherwise have access to information about You.
4. THIRD-PARTY WEBSITES
4.1. This Website may contain links to other websites owned and operated by third parties which are not under the control of the Company ("Third-Party Websites").
4.2. THE WEBSITE MAY CONTAIN LINKS TO OTHER THIRD-PARTY WEBSITES WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY. ANY WEBSITE YOU VISIT BY A LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE WEBSITE. THE CONTENT OF, INCLUDING MATERIALS AND INFORMATION CONTAINED ON, ANY THIRD PARTY WEBSITE TO WHICH YOU LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD PARTY WEBSITE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD PARTY LISTED IN THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. THE COMPANY IS NOT RESPONSIBLE FOR ANY SUCH THIRD-PARTY WEBSITE, ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY SUCH THIRD PARTY WEBSITES, NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD PARTY WEBSITES, AND HEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR THE SAME. THE INCLUSION OF ANY LINKS DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD-PARTY, OF THE QUALITY OF ANY PRODUCT OR SERVICE, ADVICE, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD PARTY WEBSITE. THE COMPANY AND WEBSITE SHALL NOT BE LIABLE, ACCOUNTABLE OR RESPONSIBLE FOR YOUR PERSONAL INFORMATION AND/OR SENSITIVE PERSONAL DATA OR INFORMATION BEING USED OR MISUSED BY SUCH THIRD-PARTY WEBSITE.
4.3. YOUR ACCESS AND USAGE OF ANY THIRD-PARTY WEBSITES IS ENTIRELY AT YOUR OWN RISK. THE COMPANY SHALL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY WEBSITE.
5.1. If You do not consent to any part of the privacy terms herein or wish to withdraw consent to process Your information then You may stop using the Website and ask Us to remove the Your information from Our records by writing to firstname.lastname@example.org. However if You so withdraw, We might be unable to provide certain services.
5.2. You may also request to know or edit information about yourself stored with Us by writing to Us at email@example.com.
5.3. You have full control regarding which emails You want to receive. If You decide at any time that You no longer wish to receive such emails from Us, please write to Us instructing an Opt-Out. Please note that once We receive Your request, it may take an additional period of time for Your opt-out to become effective.
5.4. If You have any further questions, queries, complaints or claims with respect to the Website, then such correspondence should be directed to the grievance officer at firstname.lastname@example.org or alternatively You can write to:
Grievance Officer – Teen Nick India
Viacom 18 Media Private Limited,
Zion Bizworld, Subhash Road-A,
Vile Parle (East), Mumbai 400057, India
This user agreement is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This user agreement is generated by a computer system and does not require any physical or digital signatures.
"User" refers to you, the person visiting, accessing and/or using the Website by means of any communication device.
"Viacom18" refers to Viacom 18 Media Private Limited, a company incorporated under the Indian Companies Act, 1956, having Corporate Identity No. U92100MH1995PTC095508 and having its registered office address at Zion Biz World, Subhash Road 'A', Vile Parle East, Mumbai 400057, India, which is the owner of all rights in this Website.
All references to "You" and "Your" shall mean the User. All references to "Viacom18", "Company", "We", "Us" and "Our" shall mean Viacom18.
1. ACCESS TO THE WEBSITE
1.1. This Website is offered and made available only to Users above the age of 18 years (or above 21 years where a guardian is appointed as per the Majority Act of 1875) ("Age of Majority").
1.5. Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject to the Company’s sole discretion. The Company may at its sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access of the Website shall be in compliance with all applicable laws (as amended from time-to-time). You understand that Your access of the Website and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Website and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
2. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
2.1. "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Company whether registered or unregistered and all renewals and extensions.
2.2. All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, and all other elements, data, information and materials ("Materials") are the property of the Company and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the world. The Company retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
2.3. The Website including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
2.4. You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
2.5. The Website may contain games, recipes and articles on parenting.
All the games on the Website are just for you to play with. You can't sell them, give them to anyone, or pretend you made them. You can't do anything except play with them.
We may from time-to-time include recipes on the Website. Experimenting such recipes is at your own risk. You understand that cooking and/or kitchen work can be dangerous. We disclaim all liability and shall not be responsible in the event of any cuts, burns, accident, injuries, food allergies, allergic reactions, loss of life or limb, etc. You and Your parents shall be solely responsible to ensure your safety from fire, electrical appliances, glass, cooking appliances, etc.
We may from time-to-time include on the Website, articles related to parenting. This does not tantamount to a client, advisory, fiduciary or professional services relationship between You and Us. Your use of any information available on the Website does not tantamount to an advice or recommendation by Us and You are required to exercise Your own judgment regarding the same.
The Company may at its sole discretion change any and all contents of the Website.
3. USER MATERIAL
3.1. The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-visuals, User’s opinion, recommendation, advice, view, etc. ("User Material"). The User Material does not reflect the views of the Company. In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Website.
3.2. By submitting a User Material, You grant the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from the Company.
3.3. The Company will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that the Company may its sole discretion determine, at any time. Although the Company may endeavour to periodically monitor the User Material posted on the Website, the Company will not be responsible for the same.
3.4. In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company.
3.5. By posting User Material on the Website, You undertake, represent and warrant to the Company that: (a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not -- defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law.
3.6. You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, derogatory, 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 in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;
(e) violates any applicable national or international laws, regulations, rules and/or guidelines;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, national interest ,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/country;
(j) is offensive or has menacing character;
(k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
(l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
3.7. You further undertaker that You shall not use the Website to:
(a) violate the privacy right or personal right or confidential information of any person;
(b) commit an act which could be construed as an act of cyber terrorism;
(c) collect, store and/or identify private/personal information of any user or person;
(d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
(e) stalk or otherwise harass another person or user;
(f) upload, post or e-mail any content that You do not have a right to transmit under any law or under contract;
(g) upload, post or e-mail any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
(h) upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain-letters or any other form of solicitation;
(i) upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website;
(j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including the Company’s servers, networks or accounts;
(k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
(l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website;
(m) delete or revise any information provided by or pertaining to any other user of the Website;
(n) promote and/or generate revenue for Yourself and/or any third-party business activity;
(o) carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations;
(p) post unauthorized commercial communications and including advertisements; and/or
(q) manipulate or morph or alter or exploit any other User’s User Material.
3.9. If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You.
3.10. You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.
4. CONTESTS AND PROMOTIONS
5. DISCLAIMER AND LIMITATION OF LIABILITY
BY ACCESSING AND/OR USING THE WEBSITE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL.
THE WEBSITE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS:
(a) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, COMPATIBILITY AND/OR SECURITY;
(b) ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE AND DO NOT WARRANT THAT THE WEBSITE, THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE OR ANY CONNECTED WEBSITES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;
(c) ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON; AND
(d) DO NOT WARRANT THAT THE WEBSITE, OR ANY CONNECTED WEBSITE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE.
(i) EVERY EFFORT IS MADE TO KEEP THE WEBSITE RUNNING SMOOTHLY. HOWEVER, THE COMPANY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING UNAVAILABLE DUE TO ANY REASONS.
(ii) THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE WEBSITE OR ANY CONNECTED WEBSITE RESTS SOLELY WITH YOU.
(iii) THE WEBSITE MAY CONTAIN LINKS TO OTHER THIRD-PARTY WEBSITES WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY. ANY WEBSITE YOU VISIT BY A LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE WEBSITE. THE CONTENT OF, INCLUDING MATERIALS AND INFORMATION CONTAINED ON, ANY THIRD PARTY WEBSITE TO WHICH YOU LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD PARTY WEBSITE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD PARTY LISTED IN THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD-PARTY CONTENT THAT MAY BE ACCESSED VIA THE WEBSITE, NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD PARTY WEBSITES, AND HEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR SUCH CONTENT. THE INCLUSION OF ANY LINKS DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD-PARTY, OF THE QUALITY OF ANY PRODUCT OR SERVICE, ADVICE, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD PARTY WEBSITE.
(iv) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND/OR MATERIALS AND/OR USER MATERIAL AND/OR ANY CONNECTED THIRD PARTY WEBSITE INCLUDING WITHOUT LIMITATION:
(a) INDIRECT OR CONSEQUENTIAL LOSS;
(b) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
(c) INCIDENTAL, DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES;
(d) LOSS OF OR DAMAGE TO DATA;
(e) LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
(f) WASTED OR LOST MANAGEMENT TIME;
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
(v) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES’ LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
7. THIRD PARTY WEBSITES
7.1. This Website may contain links to other websites owned and operated by third parties who are not related to the Company ("Third-Party Websites"). Third-Party Websites are not under the control of the Company and the Company shall not be responsible for the content of any Third-Party Websites or any hyperlink contained in a Third-Party Websites and makes no representation or warranty with respect to the content of any such Third-Party Websites.
7.3. The Website may contain third party advertisements, promotions, etc. (that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser, its products or services or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertiser and its products and/or services. The Company accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.
8. NOTICE & TAKE DOWN PROCESS
8.1. The Company does not endorse or promote any data, information, content or material published on the Website including User Material, and expressly disclaims any and all liability in connection with the same.
8.2. If You believe that the Website contains any data, information, content or material that could be in violation of Clause 3.6 and/or in violation of Clause 3.7 above and/or in violation of any applicable provision of the Act or rules thereunder, You may notify the Company of the same by sending an email notification at email@example.com. By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act, Information Technology (Intermediaries Guidelines) Rules, 2011, etc. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
8.3. The Company shall take-down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) would be committed if the said data, information, content or material is not deleted from the Website.
8.4. The Company further reserves the right (without the obligation of doing so) to take-down any data, information, content or material, without notice to User and without any liability either to the Company or its directors, key managerial personnel, officers, employees, that the Company in its sole discretion determines to be in violation of Clause 3.6 and/or in violation of Clause 3.7 above and/or in violation of any applicable provision of the Act or rules thereunder.
If You have any questions, queries or complaints with respect to the Website, then such correspondence should be directed to the grievance officer at firstname.lastname@example.org or alternatively You can write to:
Grievance Officer – Teen Nick India
Viacom 18 Media Private Limited,
Zion Bizworld, Subhash Road-A,
Vile Parle (East), Mumbai 400057, India
11.1. The fastest and easiest way to notify the Company of any grievance is by sending an email notification to Our grievance officer at email@example.com.
11.6. You agree that the Company shall be under no liability whatsoever to You in the event of non-availability of the Website or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Website maintenance, server maintenance, or any other cause whatsoever beyond the control of the Company.
11.7. Unless otherwise specified, the Website is presented solely for the purpose of entertainment and promoting programs. The Company makes no representation that the Website is appropriate or available for use in locations other than India. Those who choose to access the Website from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.