ClipAwesome: Terms of Service

Updated on May 19, 2016

1. GENERAL

Please read these terms and conditions carefully before using or accessing our Website (www.clipawesome.com) or the ClipAwesome Mobile/tablet application (App). If you do not agree with these terms, please stop using our services (Website or App).

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it 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 Service for access or usage of website www.clipawesome.com / ClipAwesome App.

The privacy policy is available here

2. COMPANY

The website at www.clipawesome.com / ClipAwesome App (hereinafter referred to as "Website"/ “App”) is owned by Makesto Infotech Private Limited (hereinafter referred to as “Company”), having registered address at Old no 19, Flat 15, P. S. Sivaswami Salai, Mylapore, Chennai 600004.

If you need clarifications or suggestions on these Terms of Service and the Privacy Policy, you can contact the Company by:

3. OVERVIEW

For the purpose of these Terms of Service (“Terms of Service”/”Agreement”), the terms “Your”, “User”, “You” shall refer to you, the user of our services. The term "We", "Us", "Our", “Company” shall mean Makesto Infotech Private Limited.

The Company provides services through a Website, Mobile application (App), Application programming interfaces (APIs), that allow creation, distribution, finding and viewing of videos, comments, and video stories (collectively referred to as “Services”).

By using or accessing Our Services, You accept and agree to be bound by this Agreement as well as the “Privacy Policy”. If You are using the service on behalf of another entity, You represent that You have the authority to accept these terms on such entity’s behalf and that the entity agrees to indemnify Us for any violation of this agreement. If You not agree to all these terms, please stop using Our services.

We reserve the right to modify the Terms of Service at any time. We will record the last modified date of this document. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, it is deemed as consent by You to the so amended policies.

4. SERVICES

The Website/App provides services to enable You to create/share/find/view videos and comments. The App allows You to:

By using this Website/App, You also allow Us to display advertisements on the Website as well as the App, as well as charge users for specific services in the App. You also grant Us a perpetual right to inspect stories published by You for appropriateness, and remove stories that are deemed to be inappropriate by Us.

5. ACCOUNT

You can create an Account by providing Us Your name on your mobile device or tablet or computer. In the future, we could also collect username, email address, password and other information associated with your account. Please see Our Privacy Policy to see how Your personal information is used by Us.

Creating an account is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia includes insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the services offered on this website/ App, You may do so through Your legal guardian and Makesto Infotech Private Limited reserves the right to terminate Your account on knowledge of You being a minor and using the membership of the site.

Further, You are solely responsible for protecting the confidentiality of Your name and any activity under the account will be deemed to have been done by You. In the event You provide Us with false and inaccurate details or Makesto Infotech Private Limited has a reasonable reason to believe that false and inaccurate information has been furnished, We hold the rights to permanently suspend Your account.

6. COMMUNICATION

By registering for an account with us, it is deemed that You have consented to receiving communication through Push Notifications and any messages within the Website/App from Us at any time for clarification, marketing and promotional purposes. We will not give out Your contact information to third parties not connected with our Website/App.

You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

In case You wish such communications to cease, kindly send Us an email at info@clipawesome.com.

7. LIMITED LICENSE TO USE

We grant You a personal, worldwide, royalty-free, non-exclusive, non-assignable, non-transferable, and revocable license to use Our software and Services strictly in accordance with these terms. If You are in violation of these terms, that would be deemed grounds for termination of Your account and license, as well as subjecting You to possible civil and criminal action.

8. CHARGES

The charges for using the App will be governed by the charges while installing the App from an App Store (such as Apple App Store and Google Play Store). We reserve the right to amend charges for services in the future.

9. USER GENERATED CONTENT

All stories and the images, artwork, text, voice-recordings, videos used in them (collectively, “Content”) is third-party user generated content. We are just an intermediary of this third-party content and have no control on what gets published. You understand that by using Our Services, You will be exposed to Content generated by a diverse set of sources, and that ClipAwesome/Makesto Infotech Private Limited is not responsible for the accuracy, appropriateness, usefulness, safety or intellectual property rights of the Content. Further, You acknowledge that You indemnify Us from any consequences of using this Service to the fullest extent of the law.

You own the rights to any Content that You post on ClipAwesome. By posting the Content on ClipAwesome, You agree to grant Us a worldwide, non-exclusive, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, and display the Content. This may include promoting and redistributing part or all of the Content in any media format with partner companies or services. You understand and acknowledge that We will not pay You or otherwise compensate for the content You post on ClipAwesome. You also agree to indemnify Us for any copyright violations with respect to Content that You post on ClipAwesome.

Further, note that the Content You post on ClipAwesome may contain Personal Information (such as videos, images, drawings, photographs, voice recordings, text). This content can be uploaded only when You have an account and hence, We assume that the information is posted by an adult (above the age of 18). You understand and acknowledge that this Content You post can be viewed by any user of ClipAwesome. If the Content is posted on behalf of another entity, You acknowledge that You have the legal consent of such entity to post this information.

To clarify further, if a story contains Content from a minor, You acknowledge that either 1) You are the parent or the legal guardian of the minor and that You understand and acknowledge that this Content can contain Personal Information, or 2) You have the legal verifiable consent of the minor’s parents or legal guardian, and You agree to indemnify Makesto Infotech Private Limited from any consequences of using this Service to the fullest extent of the law.

In order to add participants to a story, we allow You to share a hyperlink / deeplink to the story on other services such as SMS, email etc. You agree that we have no control whatsoever on how the hyperlink is transmitted, and who gets to access the hyperlink. It is solely your responsibility to ensure that the hyperlink is received by the intended recipients only, and we are not responsible for maintaining confidentiality of the hyperlink.

10. USER OBLIGATIONS

You are a restricted user of this website/ App.

10.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website/ App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website/ App is not permitted.

10.2 You agree not to access (or attempt to access) the Website/ App and/or the materials or Services by any means other than through the interface that is provided by the website/ App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website/ App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website/ App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website/ App. You acknowledge and agree that by accessing or using the Website/ App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website/ App. Further, You may report such offensive content.

10.3 In places where this website/ App allows You to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

You shall not engage in advertising to, or in solicitation of, other Users of the Website/ App to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website/ App or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website/ App. It shall be a violation of these Terms of Service to use any information obtained from the Website/ App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages, emails or video which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website/ App) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Website/ App. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE/ APP AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website/ App. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

11. DISCLAIMER OF WARRANTIES AND LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITE, APP, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/ APP IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MAKESTO INFOTECH PRIVATE LIMITED MAKES NO WARRANTY THAT

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MAKESTO INFOTECH PRIVATE LIMITED ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE/ APP IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. MAKESTO INFOTECH PRIVATE LIMITED ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/ APP INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/ APP, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL MAKESTO INFOTECH PRIVATE LIMITED, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTUOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/ APP, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. HOSTING OF THIRD PARTY INFORMATION

The website hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but We are not responsible for the information so furnished. You agree to not hold Us liable for the falsification of any such provided information.

If You have queries or complaints regarding content that You find inappropriate or offensive, or if they infringe on copyrights, please write to Us with relevant details at info@clipawesome.com.

14. COMPLIANCE WITH LAWS

All users shall comply with all the applicable laws (including without limitation to Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by the Reserve Bank of India from time to time, Customs Act, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using Payment Facility and the website/ App.

15. DISPUTES AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

15.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

15.2 Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Chennai, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Chennai.

16. CONTACT US

If you have any questions about this Agreement, the practices of Makesto Infotech Private Limited, or your experience with the Service and ClipAwesome app, you can e-mail us at info@clipawesome.com.