Please read the following terms and conditions carefully before using the Service.
We are Clipahoy.com, an entity that is part of Wilderness Films India Ltd., a public limited company that is registered under the Registrar of Companies, India, at:
1 Factory Road
The offer is conditional on your acceptance of these Terms. By continuing to use the Site, you indicate your acceptance of the Terms, and all related policies and guidelines of Clipahoy, if any, as indicated in these Terms and which are incorporated by reference.
Ring Road South
- 1. 1. You must be at least 18 years old to use Clipahoy. If you are under the age of 18, depending on where you live, you must have a parent or legal guardian's permission to use the Service.
a.Please have him or her read this Agreement with you.
b.Supervision by a parent or legal guardian, should the user be a minor, is advised.
- 2.If you, as a parent or legal guardian have given your consent for the child's use of and registration on the Service, then you are to be bound by these terms.
- 3. You are responsible for monitoring and supervising your child's use of the Service.
a. If your child is using the Service and is under the age of 18 or does not have your permission, please contact us immediately in order for us to try and take immediate steps regarding his/her access.
b. Should you have questions about whether the Service is appropriate for your child, please review our Frequently Asked Questions or contact us for further clarification.
- 4. WARNING: Should you be under the required age to use the Clipahoy Service despite having your parent's or legal guardian's permission to use the Service, some of the content available within the Clipahoy Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and other mature subject matter. If you are under 21, viewer discretion may be required.
TERMS OF SERVICE
Clipahoy provides you with a unique look into the weird and wonderful that India and the larger South Asian region have to offer. Our aim is to capture and explore not only all the cool stuff we know about, but also the cool, interesting stuff that almost nobody knows about! This journey depends on you - dream, travel, learn, get excited and explore our incredible India! Make friends, share thoughts, dream up fabulous trips together and share your experiences with like-minded people.
- 1.Clipahoy reserves the right, at its sole discretion, to modify, discontinue, or terminate the Service at any time, without prior notice. Clipahoy may restrict, deactivate or terminate your access to the Service for any reason we deem fit. Any changes made to the terms of this service will be unannounced and it will be the responsibility of the user to familiarize himself/herself with the terms of the Service regularly. Your continued use of the Service after the time the changes are communicated as set out in this section will indicate your acceptance of the Terms of Service, including those changes.
- 2.Clipahoy reserves the right to revise any portion of these Terms, or any other policies or guidelines governing the use of the Site, at any time, at its sole discretion and without advance notice to you. You, as the user, agree to comply with all policies regarding permitted and prohibited uses of the Site that may be posted by Clipahoy on the Site.
- 3. Any changes will be made effective upon posting of the revised Terms on the site. Your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of such use. You may view the most current version of this policy at http://www.clipahoy.com/clipahoy/site_terms. Your continued use of the Site following our changes will constitute your acceptance of all changes or modifications. Should you disagree to any changes to the Terms, please discontinue use of the Site immediately.
- 4. If you sign up for additional services from Clipahoy, the additional services will be governed by terms associated with those services, which will apply to you in addition to these Terms of Service of Clipahoy. Should there is a conflict between these Terms of Service and terms and conditions provided for the additional services, the latter shall take precedence with respect to the additional services. All additional services offered by Clipahoy is used by the users discretion and he/ she will accept full responsibility for their usage of such service.
- 5. Donations make to the Service, by means of the "donations" button featured on the service, will be treated as confidential. Donations will be administered by The Service at their discretion. The decision of the Service in administering the funds is final.
YOUR CLIPAHOY ACCOUNT AND PROFILE:
- 1. You understand that in order to access our products and services, you may be required to submit certain personal information such as your name, email address, date of birth, gender, current location, etc. By using our service, you agree to provide accurate information and if at any time, such information is found to be inaccurate, Clipahoy reserves the right to terminate your account or refuse you access to our products and service.
- 2. When you sign up to become a Clipahoy member, you will be asked to choose a user name and a password for your Clipahoy profile. Clipahoy may assign a password to you, for immediate use, which you may change should you wish to. You take full responsible for maintaining the confidentiality of your password and all information requested on your Clipahoy Profile. You agree not to use the Clipahoy profile or password of another member. You agree to notify us immediately should you suspect any unauthorized entry/use of your Clipahoy profile or access to your password.
- 3. Every individual is limited to only one Clipahoy profile unless authorization is received in writing, from Clipahoy. Multiple Clipahoy accounts held by the same individual may result in access to membership being revoked. Accounts may NOT be created or used with the primary intention to promote a product. Should Clipahoy be made aware of any such cases, the membership and access of the user in question may be revoked.
- 4. The Terms of Service shall remain in full effect while you make use of these Services. You may choose to delete your Clipahoy profile and end your account at any time and for any reason by following the instructions at the Clipahoy settings. We reserve the right to restrict, deactivate or terminate your account for any reason we see fit. The user understands that termination of the Service and your Clipahoy profile, may result in deletion of your Clipahoy profile information from our live databases without the ability to reactivate or restore features of the account. Our servers may maintain such information for archival, legal or research purposes. We will not accept liability to you for any restriction or termination of your Clipahoy profile and related deletion (or retention, as stated above) of your information.
- 5. The Services offered are for your non-commercial use only. You may not use Clipahoy to promote a product or service. Clipahoy does not guarantee traffic, viewers or interest to any particular website or from any individual, company or entity. You may not modify, reproduce, distribute, publish, license or create derivative works from the Service. The selling of any information or software associated with the Service is prohibited. In addition, you may not use the Service in any manner that could damage, disable, overburden, or impair the Service. Your activity in the Service should not interfere with any other party's use, participation and enjoyment of the Service. You may not use any third-party APIs, software, tools or scripts to access the website or the underlying technology.
CLIPAHOY CONTENT AND OWNERSHIP:
The Service contains different types of content: Clipahoy Content, Third Party Content and User Content. "Content" refers to any and all postings, e-mails, messages, recommendations, comments, text, files, images, photos, video, sounds, works of authorship, feedback, bug reports, or other materials. Each type of Content that you encounter has different rules and restrictions, as set forth below:
- i. As between Clipahoy and you, Clipahoy owns and controls all right, title and interest in the Services and in the wildfilmsindia.com owned Content that it has placed on and within the Services, including its logos, trademarks and all other Intellectual Property Rights that falls under its jurisdiction ("Clipahoy Content").
- ii. Content from other Users, advertisers and third parties may be made available to you through the Service as you interact with and "shared" as part of the Services ("Third Party Content"). You may add or recommend such Third Party Content to the Clipahoy Services and to other Users by using the "Clip" or "Like" feature and you may share Third Party Content with others through e-mail, messaging or through your social network using the share feature.
a. a. We do not filter or otherwise exercise control over such Third Party Content. Accordingly, you agree that the Service takes no responsibility for any such Third Party Content, including advertising and/or information about third-party products or services. We do not guarantee that information indicated or related to the accuracy, currency, suitability, quality or legality of the product or service referred to in such Third Party Content. In addition, we accept no responsibility for unintended, inappropriate, objectionable, inaccurate, misleading or unlawful Third Party Content.
- iii. By choosing your preferences, you can curate certain categories of content you prefer to access. Clipahoy, however, cannot guarantee that you will only access types and categories of Content as per your preferences. Clipahoy is not responsible for Third Party Content that contains, spreads or delivers viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, malware or any other harmful content or code. You, as the user, take full responsibility for installing, maintaining and using effective anti-virus and spyware prevention technologies.
- iv. iv. We do not claim ownership of any content that you post on, deliver to, or otherwise make available to the Service, whether through your Clipahoy Profile, your comments or other features of the Service which may allow you to post your own Content ("User Content"). By posting User Content, you hereby grant the Service an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute your User Content in any and all media or distribution method (currently known or later developed) throughout the world. The licenses granted under this section will survive the termination or expiration of these Terms of Service for any reason.
- v. You are solely responsible for any and all User Content that you post on the Service and for your interactions with other Users. You should only post User Content to the Service that you own and that you are comfortable sharing with others under the terms and conditions set forth herein. You may not post photographs or videos of another individual without his/her permission to do so. Other users of the Service will be able to view any and all Content you post to the Service, subject to your limited ability to restrict access to your Content by changing your account preferences and settings.
- vi. You represent and warrant that:
a. You, the User, own the User Content posted by you, on the Service, or otherwise have the right to grant the licenses set forth in these Terms of Service
b. Your User Content and the use of it by Clipahoy as permitted by the license granted in these Terms of Service does not infringe upon the privacy rights, publicity rights, Intellectual Property Rights, or other rights of any person.
- vii. Restrictions on Content:
a.Except for the Content owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under these Terms of Service, you agree not to (1) modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services; (2) rent, lease, loan or sell access to the Service; or (3) decompile, reverse engineer or copy any Content (other than the Content you post) or the Service. (4) You also agree to not remove, obscure or alter Clipahoy's copyright notice, logos, wildfilmsindia content watermark, trademarks or other proprietary rights notices affixed to or contained within the Service. You will not interfere with, disrupt or create an undue burden on the Service, networks or services connected to the Service.
b. Prohibited/Objectionable Content: You agree that you will not post and that you will not recommend through the Service any Prohibited Content. "Prohibited Content" includes, without limitation, content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming"; (iv) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (v) infringes the Intellectual Property Rights of another person; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under fifteen (15); (vii) contains viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware, malware or other harmful content or code; or (viii) otherwise violates applicable law, the terms of these Terms of Service or potentially creates liability for Clipahoy or wildfilmsindia. Any such posting, hosting or recommending of Prohibited Content are subject to termination.
Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Service, and may lead to the deletion of your Clipahoy profile.
We reserve the right to remove any content (including websites) that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. We also reserve the right to remove Content that we determine in our sole discretion is primarily intended to promote a product or service. We have the right to investigate, should we wish to, or review any Content, including websites, and modify or delete any Content that in our sole judgment violates these Terms of Service or which is Prohibited Content. Or content that may otherwise violate the rights of, harm or threaten the safety of any other User or any other person, or create potential liability for the Service or any of its Users.
INTELLECTUAL PROPERTY OWNERSHIP:
You acknowledge that Clipahoy owns all right, title and interest in and to the Service, including and without limitation, all underlying software and technology and all Intellectual Property Rights in relation to the Service, other than as described in Sections 10(b) and (c) of these Terms of Service.
"Intellectual Property Rights" means any and all intellectual property rights existing from time to time in any part of the world under applicable law, including without limitation applicable patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter, in effect worldwide.
Clipahoy grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided to you as part of the Service for the sole purpose of your use of the Service to the extent permitted under these Terms of Service.
Clipahoy respects the Intellectual Property Rights of creators. If you believe that your work has been copied, posted or included within the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) A description of the copyrighted work that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the Service;
(iv) Your full name and contact details including: address, telephone number, and e-mail address;
(v) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Attention: Copyright Agent
1, Factory Road
New Delhi, India 110029
Telephone: +91 11 26198255, 26198954, 26163766, 26100336.
We reserve the right to remove Content alleged to be infringing in our sole discretion and without notice. It is our policy to terminate membership privileges of any Clipahoy member who is repeatedly accused of infringing copyrights.You understand and hereby accept that Clipahoy makes no specific promises on the products and services provided and we do not guarantee that our products and services shall be available at all times, secure, timely, error-free, and /or shall satisfy your needs or requirements. Your use of our products and services is at your own risk and liability and we disclaim all warranties, whether express or implied.
1. LEGAL OBLIGATIONS
In order to cooperate with legitimate governmental or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of Clipahoy or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being illegal, unethical or legally actionable, we may access and disclose any information and content we consider necessary or appropriate, including, without limitation, Clipahoy profile information (i.e. name, e-mail address, etc.), IP address, traffic information, usage history and posted Content.
The Services are provided "as is" and on an "as available" basis, with no warranties whatsoever. Clipahoy explicitly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights.
Clipahoy disclaims any warranties regarding the security, reliability, timeliness, availability, quality and performance of the Content and the Services. Clipahoy disclaims any responsibility for any harm resulting from your viewing and participation of the Content and use of the Service. You understand and agree that you view the Content and use the Service at your own discretion and risk and that you will be solely responsible for any injury to you, damages to your computer system or loss of data that results from your viewing of the Content and use of the Service. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. There may also be other rights that vary from state to state, country to country and jurisdiction to jurisdiction. Under no circumstances shall Clipahoy be liable to any User on account of that User's use or misuse of the Content or the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if Clipahoy has been advised of the possibility of such damages).
This limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Content or Service, from inability to use the Content or Service, or from the interruption, suspension, or termination of the Content or Service (including such damages incurred by third parties). Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Your interaction with other Users on the Service, with advertisers or other third parties, including any payment or delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User, advertiser or third party. You agree that Clipahoy will not be held responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party's use or disclosure of your personal information that you make available to them. Should there be a dispute between you and any third party (including any User), we are under no obligation to become involved. You also agree not to involve the Service unless we request otherwise in writing; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
You agree to defend, indemnify and hold Clipahoy, its parent company's officers, directors, employees, agents and associates harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Content or Service or your violation of these Terms of Service.
You hereby release us, our officers, parent company, employees, investors, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death and property damage, that is either directly or indirectly related to or arises from
(i) Any interaction you have with other Users, or
(ii) Your participation in any of our online or offline events.
4. THIRD PARTY SERVICES AND PARTNERS
The Service may contain links to third party websites, applications and/or services ("Third Party Services") (i) placed by us as a service to those interested in this information; or (ii) posted by other Users. We may also place links or enable interoperability to Partner Communities or use other means that allow you to connect the Clipahoy Service to Partner Communities to give you more possibilities. You use all such links to Third Party Services and Partner Communities at your own risk. Such links that are provided by us are provided only as a convenience and such links to Third Party Services or Partner Communities do not imply our endorsement, adoption or sponsorship of or affiliation with such Third Party Service or Partner Community. We accept no responsibility for reviewing changes or updates to or the quality, content, policies, nature or reliability of these Third Party Services or Partner Communities or links from those third parties back to the Services. It is the responsibility of the user to review applicable terms and policies, including privacy and data gathering practices, for any Third Party Services or
Partner communities that individuals wish to engage with, should be done with the necessary and appropriate care with regards to personal information being shared, released or made available with the activation of such an account, before proceeding with any interaction with a Third Party Service or Partner Community.
If you wish to comment on the Clipahoy Service or wish to share ideas on how we can improve, please contact us. You acknowledge and agree that if you submit any comments or ideas to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments and ideas, for any purpose. The licenses granted under this Section shall survive the termination or expiration of these Terms of Service.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
7. LAW AND JURISDICTION:
If you have any questions or concerns about the Service or these Terms of Service, we encourage you to first contact us directly by using the "Contact Us" page located on the site.
These Terms of Service shall be governed in all respects by the laws of India without giving effect to any conflicts of laws or principles that require the application of the law of a different jurisdiction. The user agrees that any claim or dispute you may have against Clipahoy or Wilderness Films India Ltd. must be resolved by a court located in New Delhi, India, except as otherwise agreed by the parties or as in the arbitration option. The user agrees to submit to the personal jurisdiction of the courts located within Delhi for the purpose of litigating all such claims or disputes.
8. OTHER PROVISIONS
If, for any reason a court of competent jurisdiction finds any provision or portion of this Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. This Terms of Service constitutes the entire agreement between the parties with respect to the subject matter and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Clipahoy.
Effective Date: March 1, 2014