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INDTUBES
TERMS OF USE
Current TOU Version: 1.0
Last Updated: 27 March 2024
Effective from: 27 March 2024
I. ABOUT
INDTUBES App is an Indian video-sharing social networking service owned
by Kolkata-based Rockhouse Entertainment Private Limited (‘App’,
‘INDTUBES’ or ‘we’ or ‘us’ or ‘our’, ‘platform’ subsidiaries, affiliates, parent
company, and sister concerns) of address 5, Garfa Main Road, Ground
Floor, Kolkata- 700078. Under this App we allow our users to showcase
their talents through various form of performances and release such
performance through their account created in INDTUBES app. INDTUBES
offers such other features as modified from time to time and made available
through INDTUBES platform. User can download and install INDTUBES App
into their mobile device and create User Account through OTP (One Time
Password) sent to either through Email or to Mobile Number of User. Login
provisions may also be made available through use of social media accounts
such as Google/Gmail, Facebook, Instagram etc.
INDTUBES App provides platform to its user to showcase their talents
through performance videos. INDTUBES thus have made available to its
users’ provisions to capture/ record-upload-store online, uploading and
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editing of pictures, uploading and editing videos & music, perform similar
functions with pre-captured photos & videos and pre-recorded music,
networking with other users of INDTUBES with provisions for Like, Share,
Comments in such uploaded videos, pictures, music files either one’s own
content or other’s content. INDTUBES have provision to follow or block
users, chatting facility, choose soundtrack played in any such videos,
counting views, number if likes received, number of times the video shared
and like features. INDTUBES also have provisions for reporting
objectionable content of any videos, pictures, music, and if any content
found violating the Content Guidelines mentioned in this Terms of Use or
any provisions of law, then INDTUBES have absolute discretion to remove
the videos from the app and/ or to suspend the user account without any
prior notice. We keep updating features of our App based on user
experiences, suggestions and recommendations received from our technical
support team.
This Terms of Use (TOU) set out the terms of use of INDTUBES App (also
referred as INDTUBES or App or Platform) and forms an Agreement between
INDTUBES and its User (‘you’, ‘your’, ‘User’).
Our Privacy Policy (available at https://indtubes.com/privacy/16.03.2024
Final Privacy Policy.pdf) forms integral part of this TOU. Hence to view, use
or access our App in any manner is governed by both the TOU and Privacy
Policy.
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II. ACCEPTANCE OF TERMS OF USE AND PRIVACY POLICY
You shall read and accept each and every terms of this TOU and also
INDTUBES Privacy Policy before downloading, installing and using the App
in electronic devices (irrespective of whether such electronic devices are
presently available or develop in future). This Terms of Use is also applicable
to visitors of INDTUBES whether or not the visitor is having user Account in
INDTUBES.
By accepting Terms of Use and Privacy Policy, you subject yourself into a
legally enforceable agreement.
Acceptance can be indicated through downloading of INDTUBES App, access
of App, creating User Account, viewing INDTUBES with or without creating
User Account, browsing our Platform or otherwise by using our App in any
manner, means or mode.
We may modify our Terms of Use and Privacy Policy without prior notice to
anyone including our Users, and any use post such amendment and
modification shall constitute consent to our amended / modified versions of
Terms of Use and Privacy Policy. At our discretion, we may give a pop-up
notice through our INDTUBES app notifying users and visitors about
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modification or amended version of Terms of Use and/ or privacy policy as
and when made available in our Platform.
III. ELIGIBILITY
a. Only an individual can be our user. If any organisation interested in
using our services that has to be through Individual/ person who is
authorised by organisation to use the platform. In case of an
organization, company or branch of government, you represent and
warrant that You have the authority to legally bind Your company or
organization and Your company or organization will be bound by the
obligations and restrictions of these terms. Any and all references herein
to 'You' or 'Your' will include your company or organization;
b. Minors, aging below of equal to 18 years, are not permitted or allowed to
use INDTUBES platform unless under guidance of parents or such
person who is legal guardian of the child. User account shall be in the
name of the parent/ guardian. INDTUBES shall not be liable if any
minor deceives INDTUBES and creates user account by providing false
data.
c. A User, who intentionally or otherwise chooses to use our App in spite of
being minor, shall be deemed to be doing it under guidance, monitoring
and supervision of her/ his parent, guardian, legal caretaker or person
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having her legal custody. INDTUBES cannot be held responsible in any
manner in any respect;
d. You undertake that your account has not been previously disabled for
breach of our Terms of Use or Privacy Policy or our any such terms or
conditions by whatever name be it called;
IV. USER ACCOUNT
User is an individual who have created account called User Account in our
INDTUBES platform by filling the details in the User Account creation form
followed by OTP (One Time Password) verification of Email and Mobile
Number.
V. TERMS AND CONDITIONS OF USE
a. You confirm that you are eligible to create user account in INDTUBES;
b. You confirm that all the details/ information including but not limited
to name, address, gender, age, email id, phone number all are correct
and complete. You undertake to keep your account up to date by
incorporating necessary change(s) in any details;
c. You particularly confirm that the email id and mobile number belongs
to you and have been assigned to you by the concerned company
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and/ or that you are having necessary legal rights to use such email
id and mobile number;
d. We may verify correctness of any/ all information provided by you to
us for any legal purpose or for providing you a particular service. You
undertake cooperate with INDTUBES at all time;
e. You understand that only after creating user account successfully
with INDTUBES you will be able to upload, edit, share, like and to
apply & use other like features (made available from time to time) on
videos, pictures, music and / or on any content;
f. You undertake to abide by Content Guideline of our Privacy Policy and
of this TOU and Privacy Policy overall;
g. You under to abide by laws of India whether expressly mentioned in
the Terms of Use and/ or in the Privacy policy or not;
h. You are obligated to operate your account responsibly in accordance
with the TOU and Privacy Policy of INDTUBES including such
modified version made available by INDTUBES from time to time; and
such other terms and conditions as notified by INDTUBES for any
particular service(s);
i. You are responsible to keep your account ID and password, mobile
phone or such electronic device where you will be receiving OTP
confidential and secure and away from any unauthorised use;
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j. You are responsible for all activity done through your user account,
and unless it is proved otherwise through valid evidence or by
appropriate court order, you shall be liable for all consequence;
k. In case of any violation noted or reported against any content
uploaded through Your User Account or shared by You or otherwise,
we reserve the right to disable/ suspend your User Account, and
remove or disable any content you upload or share through your User
Account, at any time, without giving you prior notice;
l. We reserve right to absolutely ban your User Account, without citing
any reason for it;
m. Any use of your User Account to do any activities to violate TOU,
Privacy Policy, Content Guidelines, illegal activities, violates anyone
privacy & integrity, which is against public moral, contain violence,
promoting pornography, infringe anyone else’s any rights including
intellectual property rights, or be in conflict with any of our interest
(whether commercial or otherwise), or anything otherwise which have
caused or have probability to cause harm or damage to us or to any of
our user or cause impairment of our Services or violates any third
party’s legitimate legal rights and for such like activities against the
interest of us, then your User Account may be deactivated or
restricted in any manner including deactivation of any particular
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feature of User Account or we may take down or block the offending
content or any content (whether yours or not) at our sole discretion;
n. You are responsible to ensure uninterrupted internet connection to
your mobile device to access, use, and browse our Platform;
o. We may have partially or completely shut down our Platform for some
time for any maintenance purpose or genuine reason, and nor we will
be paying any compensation or damages to you neither you can make
any claim for one any;
p. You undertake and agree not to infringe anyone else’s rights including
intellectual property rights through content of your User Account;
q. As a user you are obligated to report any content which violates any
terms of use or privacy policy or content guideline or any law;
r. Your content may be reviewed by INDTUBES team to check for any
violation of Content Guidelines. Any violation of Content Guidelines
may lead to removal of the content from INDTUBES platform
VI. OWNERSHIP AND RIGHTS
a. You hereby understand, agree, undertake and confirm that all rights,
title and interests in the INDTUBES App, the trademark INDTUBES,
software, copyright in presentation and arrangement, design, features
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etc are our proprietary and retained by us. We through this Terms of
Use only permit you to use our Platform subject to terms and
conditions of use. Permission to use granted by INDTUBES to you to
use INDTUBES proprietary is non-transferable, revocable, non-
exclusive, non-assignable, non-licensable, non-sublicensible
permission;
b. We do not charge any amount for your use of our Platform, and is
provided absolutely free for your enjoyment, to showcase your talent,
platform to communicate with others, exposure to viewers and
audience, provide for probability of generating income outside the
Platform by showcasing your talent & creativity or any skills to public;
c. You understand, agree to and confirm that you by using or browsing
our INDTUBES App or Platform grant us irrevocable, licensable, sub-
licensable, assignable license to use any / all content of your User
Account, generate revenues, or otherwise exploit the content to have
both non-commercial & commercial benefits through sales of our
Services to you, through incorporating advertisement into the
content, accept sponsorships, promotions, marketing including
content marketing and promotional partnerships off the Platform on
any other media and usage data, either by us independently or along
with any third party;
d. You understand, agree and confirm that you do not have any right to
ask for any share in any such revenue, goodwill or value whatsoever
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in any manner. You cannot exercise any right to receive income share
from your content against INDTUBES;
e. You, however, may do the following act to make monetary benefits
out of your content by doing one or more of the acts like promotion,
sponsorships, affiliate marketing, collaboration and in like manner. By
promoting yourself through our INDTUBES. You can your creative
skills and attract large number of followers in our INDTUBES, thereby
increasing probability of getting contacted by brands for promoting
their products through content creation of their products and publish
through your User Account. Alternatively, you can also get sponsors
for your content creation. In similar manner you can engage yourself
into affiliate marketing, branding and collaboration, become
influencer;
f. You undertake and confirm not to do any act which is unlawful,
misleading, discriminatory or fraudulent in any way; or is an
unauthorized copies of else’s work which you have modify, adapt,
translate, reverse engineer, disassemble, decompile or create any
derivative works of it or any content included therein distribute,
license, transfer, or sell, in whole or in part, anyone else’s work or its
derivative; do not upload or share any commercials or solicitation or
spamming otherwise than through your content videos;
g. INDTUBES offers the provision of voice comment by any user on any
content posted in your account. However, you have every right either
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to remove any offensive/ unwanted voice comment and can also block
the user who had made such voice comment.
h. You undertake not to interfere with or attempt to interfere with the
proper working of our Platform in any manner including disrupting
the App, bypass or dodge protective measure, hacking, upload content
with links or files containing viruses, Trojans, worms, logic bombs or
other material that is malicious or technologically harmful;
i. At all point of time your content shall abide the Content Guidelines;
j. INDTUBES is not responsible in any manner whatsoever for content
uploaded by you in violation of anyone else’s right or which is illegal in
nature;
k. Users may be permitted to upload, post or transmit (such as via a
stream) or otherwise make available content through INDTUBES
content such as photographs, user videos, sound recordings and the
musical works embodied therein, including videos that incorporate
locally stored sound recordings from one own files stored in the device
or in cloud. Users may also extract all or any portion of User Content
created by another user to produce additional User Content, including
collaborative User Content with other users, however all such content
have to be in terms of content guidelines of our privacy policy;
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l. If you are using some one’s creation in your content you must take
appropriate permission from such owner; or otherwise if ever reported,
INDTUBES may take down the content. You shall be entirely liable for
any claim and/ or damages made by such other person whose content
or creation you have used;
m. INDTUBES do not take responsibilities or liabilities of any content
upload in the platform;
n. INDTUBES have mechanism to filter out and prevent uploading of
offensive, indecent pornographic videos. For this INDTUBES uses
third party services;
o. You further grant us a royalty-free license to use your username,
image, voice, and likeness to identify you as the source of any of your
User Content.
VII. INTELLECTUAL PROPERTY RIGHTS AND LICENSE
a. Your use of the INDTUBES is, and at all times shall be, governed by
and subject to the laws regarding copyright, trademark, patent, and
trade secret and use of intellectual property, this Terms of Use and
Privacy Policy. You shall abide by laws regarding copyright, trademark,
patent, and trade secret ownership and use of intellectual property, and
You shall be solely responsible for any violations of any laws and for
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any infringements of any intellectual property rights caused by Your
use of the Platform through Your device;
b. We reserve the right and discretion, with or without notice, at any time
and to block access to and/or terminate the accounts of any user who
infringes or is alleged to infringe any intellectual property rights;
c. INDTUBES App, trademark INDTUBES, layout, features, database,
data, information, representation, services, reports, text, graphics,
logos, icons, and images is the exclusive property of Rockhouse
Entertainment Private Limited. You are permitted to use the platform
subject to terms and conditions stated herein and in Privacy Policy and
such other terms and condition of services;
d. With regard to your own content, you grant us license of the content
which You may upload, post or transmit (such as via a stream) or
otherwise make available content through the Services including,
without limitation, any text, photographs, videos, sound recordings. By
using our platform, you hereby grant us an unconditional irrevocable,
non-exclusive, royalty-free, fully transferable, perpetual worldwide
license to use, adapt, of, publish and/or transmit, and/or distribute
and to authorize other users of the services and other third parties to
view, access, use, download, adapt, of, publish and/or transmit your
user content in any format and on any platform;
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e. You hereby grant INDTUBES a worldwide, royalty-free, perpetual, non-
exclusive, irrevocable, non-transferable, assignable, sub-licensable,
right and license to access, make personal use of the content and
unlimited license to make copies of, reproduce, adapt, make derivative
works of, commercially exploit, communicate to the public, broadcast,
and make available your content and the content made available by you
on the Platform;
f. You understand and agree that INDTUBES has an exclusive,
worldwide, royalty-free, perpetual, unlimited and unrestricted license to
make copies of, communicate to the public, broadcast, and make
available your content and the content made available by you on the
Platform and off the Platform (via third party platforms/media) for both
commercial and non-commercial purposes;
g. You understand and agree that INDTUBES reserves the right to
distribute the User Content to its business associates, affiliates, third
parties and to any other entities that it deems necessary at its own
discretion;
h. By posting content on the INDTUBES, you confirm that You are the
owner of all content and underlying works contained therein, or are
authorised by the owner to make the Content available through the
Platform.
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VIII. THIRD PARTY SERVICE
a. To make INDTUBES more relevant for the purpose of showcasing
performers talent, we are making available to our user a collection of
songs and music from which User is free to choose the background
music of their performance(s).
b. INDTUBES is providing such facility by joining hands with Gsharp
Media Private Limited (‘Hoopr’) wherein latter is the owner of all the
songs and music made available through their interface integrated
with INDTUBES.
c. INDTUBES have not provided provision for User to download any
music/ songs of Hoopr. User shall not make any attempt to download
or do such act not expressly permitted under this Terms of Use with
Hoopr’s songs & music through any unauthorised access INDTUBES
app and/ or by manipulating app’s functionality, in any manner.
d. Users shall not make any derivative work of Hoopr’s songs or music,
the Content/Works including but not limited to remix, remake, cover
versions etc.
e. Apart from songs and music licensed by Hoopr to INDTUBES, User
may use their own musical creation with or without lyrics and can use
it in their performances.
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f. Also songs in which copyright no longer subsist may be used by the
user in their performances.
g. If user uses any third party songs and/ music or any dialogues or any
enactment or copy performances of someone else and such other like
creations/ content, then such user shall be solely responsible to
ensure, that the user is having necessary right permission/ license to
use such third party content/ creation and shall indemnify
INDTUBES from any claims made due to user’s such use of the third
party content/ creation.
h. All acts done by the user shall comply with provisions all laws of India
including intellectual property laws.
i. User shall be entirely liable for any act done in violation of the terms
and conditions, and INDTUBES reserves right to suspend the account
of the User and claim damages from the defaulting user.
IX. CONFIDENTIALITY
You hereby undertake not to disclose any confidential information about
INDTUBES which may be shared with you or you get exposed to during your
use of INDTUBES App.
X. Content Guidelines
We do not support any type of illegal, immoral, and harmful content or
activity and on getting detected by any means we remove to take down the
content from our App and upon commission of repeated act we may even
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ban that user from using our App. Your creative freedom must not be the
reason of else’s pain and shall not violate law. We set out NON EXHAUSTIVE
list of guidelines which you must follow while making or uploading content
through our App or while commenting or using other’s content:
a. Your content, comment, or any activity through our App shall abide
by any and all laws of India, shall not be against social and moral
principles, public interest, public safety and security. Your content,
comment, activity shall not threaten Sovereignty, unity, integrity,
defence, security or sovereignty of India, affect relations with foreign
States, or organisations.
b. You cannot post or engage with content that is insulting to Countries
including India, spread hate speech, agitate mass, disturb public
tranquillity, public order, harmful to individual, target any individual
or community or religion, caste, creed, etc.
c. No content containing sexual -images, sexual videos, representation of
any sexual act whether forced or consensual, nudity, obscene
representation of anything or person, exposing private parts of body of
any living being, revengeful content, private pictures, pictures taken
in confidence so as not to disclose by any means, revengeful release of
private intimate pictures, natural or unnatural intercourse or sexual
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gestures, molestation shall be uploaded in the App. With consent or
without consent is immaterial.
d. No content/ comment or data shall be uploaded or released or
circulated which exploits or endangers any individual.
e. No content/ comment shall contain anything which is related to child
pornography or sexual activity related to or involving child, or in any
manner so as to affect the child mentally and/ or physically.
f. Our App should not be used as platform to harass, bully, cause
distress to, bring shame to anyone, causing emotional / psychological
torture, degrade, destroy moral confidence, black mail, extortion, plan
to do illegal act, scheming against any person or property, any / all
criminal activities.
g. All content uploaded through our App are intellectual property of
respective creators and / or users, and user who uploads content
gives irrevocable royalty free license to INDTUBES to make use of the
content in any manner.
h. User while uploading content through your user account you shall
ensure that you are the legitimate Intellectual property right holder on
such content and shall ensure that such content do not violate
anyone else’s’ (whether a User of INDTUBES or not) rights into it. If
any content is ever reported to be violating IP rights of someone else,
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we will be taking down the content as per guidelines and laws
applicable, and any aggrieved user can take action as per applicable
laws for restoring the content.
i. If you use anyone else’s content, you should give credits to the person
whose content you are using. However, if ever such person whose
content you are using objects to you use, then you shall immediately
remove such content.
j. Content that communicates or otherwise exhibits suicides, suicidal
tendencies; self-inflicted injury, abuse, stunt, dangerous activities,
mimicking dangerous stunt or any stunt, superhuman activity.
k.
You as user shall also be responsible not to share or otherwise
support any content which is violating the Content Guidelines and
to report the content to us through the grievance officer details
mentioned.
l. You shall not knowingly upload, share or otherwise deal with any
content which contains computer viruses, malware, spread spam link
or spam content or any other computer program aiming to disrupt
functionality of mobile device or aim to commit data theft and data
breach.
m. You shall abstain and refrain from uploading or sharing or otherwise
dealing with content through our App which is misleading, false, fake,
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infringing into other’s right, violating Content Guidelines, instigating,
aim to disrupt public tranquillity, peace and law & order, breaches
security, link to scam, dupe users to make payments, cybercrime,
manipulative content, criminal activities and like things which are
illegal, unlawful.
n. We do not have control on what content you as user will upload but
once reported any violation of Content Guideline and / or any
provision of law; we take suitable action against the reported content
including imposing ban on repeated offender.
o. All content shall be reviewed by INDTUBES team and in case of any
violation of Content Guidelines, such violating content will be
removed. By using INDTUBES App, you give your consent and no
objection to such review and / or removal where required.
p. INDTUBES offers feature enabling user to post voice comment in the
content. However, owner of the account through which the content
has been posted will be having every right to remove any voice
comment and also to block user making the voice comment.
INDTUBES will not be interfering as to why any user has been
blocked, it is purely discretion of the user who has posted the content.
q. Any event/ act done by the user using INDTUBES app which is
against the terms of use or against any provisions of law, then such
User account may be suspended and any/ all videos which are found
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to be objectionable may be removed by INDTUBES. However,
suspension of such user account or removal of objectionable videos
may not absolve the user from the liability of the act done and shall
continue to be accountable under provisions of laws.
XI. REPRESENTATIONS AND WARRANTIES
a. OTHER THAN AS EXPRESSLY STATED IN THIS TERMS OR AS REQUIRED
BY LAW, THE SERVICE IS PROVIDED “AS IS” AND VERSE DOES NOT
MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE
SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT:
(A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE
SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY,
RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C)
THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE
SERVICE;
b. The content accessible by You may belong to third parties. INDTUBES
assumes no responsibility for such Content;
c. During your use of INDTUBES App, you may encounter behaviour from
other user which violates our Terms of Use, Privacy Policy, Content
Guidelines, and illegal act. Once identified INDTUBES is obliged to take
strict action against such other user who is/ are at default. INDTUBES
condemns such act. However, you cannot ask for compensation or
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damages or otherwise impose liability or responsibility on INDTUBES for
any such act. INDTUBES cannot be made liable in any manner;
d. INDTUBES App in spite of our best effort may be subjected to loss,
destruction, damage, any unauthorized access to or use of our secure
servers and/or any and all personal information and/or financial
information stored therein, corruption, data leak or release, attack, any
interruption or cessation of transmission to or from the Platform, any bugs,
viruses, Trojan horses, or the like which may be transmitted to or through
the Platform by any third party, and/or any errors or omissions in any
Content or for any loss or damage of any kind incurred as a result of the
use of any of the Content accessible via the Platform. INDTUBES cannot be
held liable for any such situation or event;
e. We do not give any guarantees, representations, or warranties that Content
accessible through the Platform by the User or the links provided by third
parties will be free of viruses or similar contamination or destructive
features. If you click on any such link or content, you do so entirely at your
own risk and responsibilities. INDTUBES also do not guarantee accuracy of
any content;
f. INDTUBES though may publish advertisement through any of your content
but INDTUBES do not verify authenticity of any such advertisements or
promises or offers given through such advertisement. User who relies on
such advertisement to take any service or goods from such advertisement
may do so in their own risk and responsibility;
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g. INDTUBES makes no guarantees, representations, or warranties that use or
results of the App will be accurate, timely, reliable, uninterrupted, or
without errors. Without prior notice, INDTUBES may modify, suspend, or
discontinue any part or the entire App or any feature or your use of the
App. INDTUBES under such circumstance shall not be liable to you or any
third party.
XII. INDEMNITY
a. You hereby agree to indemnify, defend and hold INDTUBES and its
affiliates and their officers, directors and employees, harmless from and
against any and all damages, liabilities, costs and expenses, including
attorney’s fees and expenses, arising out of, incident to, or resulting
directly or indirectly from Your use of the Platform. Notwithstanding its
reasonable efforts, INDTUBES takes no responsibility or control for the
Content accessed by you through the INDTUBES platform.
b. By posting content on the INDTUBES, you confirm that You are the
owner of all content and underlying works contained therein, or are
authorised by the owner to make the Content available through the
Platform. You indemnify INDTUBES without any limitation of any of
infringement, claims, and damages by anyone.
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XIII. NO LIABILITY
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL INDTUBES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES,
FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION,
FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS
OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF
GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND
FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR
INABILITY TO USE THE PLATFORM AND ANY LOSS OR DAMAGE
ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF
THIRD PARTY THAT IS BEYOND THE CONTROL OF INDTUBES and
INDTUBES SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT
DAMAGE FOR ANY DATA PROVIDED BY THE USER OR ANY
VIOLATION OF THIRD-PARTY RIGHTS OF WHATSOEVER NATURE,
ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR
INABILITY TO USE THE PLATFORM.
b. If any user violates the Content Guidelines of INDTUBES and for such
violation if any damage happens to any other user or to any third party,
then it shall not be liability INDTUBES in any manner to make good to the
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loss or the damage caused to such person. Only User himself/ herself
shall be responsible to the fullest.
c. In no event liability of INDTUBES / Rockhouse Entertainment Private
Limited shall be more than Rs.1,000/- (Rupees One Thousand Only) and
shall apply to any and all claims of liability including warranty, tort,
negligence, contract, law and any type of damage, claim of damages.
XIV. SEVERABILITY
If any term or clause in this Agreement becomes invalid or illegal or
unenforceable, such term or clause shall be deemed to have been severed
from this Agreement and the remaining term or clause of this Agreement
shall continue being uninfluenced by such severance to the extent possible.
XV. TERMINATION
You may terminate this Terms of Use Agreement at any time by deactivating
your User Account and ceasing all use of the INDTUBES Platform. However,
deactivating your User Account from INDTUBES will not delete content
previously uploaded by you though your User Account. Your content will
continue to be available through INDTUBES. Also INDTUBES will be
retaining your information and data including content for legal purpose,
safety and security.
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Even after deactivation of User Account you shall continue to be governed by
this Terms of Use regarding your already uploaded content and for any
activities done when the user account was active. You continue to be
responsible for any act done through the user account when the account
was active.
We reserve all right to disable, temporarily suspend or terminate your user
account, take down or remove any content of your uploaded content at any
time without any prior notice. Such action may be taken by us when we
receive any complaint against you or you violate our Terms of Use or Privacy
Policy or do anything which is illegal, against public order and morality,
have capacity to do harm to any third party or any user of our Platform.
All provisions of the Agreement which survive termination of this Terms of
Use agreement shall continue to given parties to this agreement with by
subject to such warranty disclaimers, governing law, and limitations of
liability.
XVI. WAIVER
Failure to enforce any rights by INDTUBES shall not be considered as any
waiver of such rights by INDTUBES.
XVII. FORCE MAJEURE AND ACT OF THIRD PARTIES
If the performance of any part of this Terms of Service or Privacy Policy or
such other terms and conditions by INDTUBES may be excused on account
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of Force Majeure events including but not limited to act of God, public
enemy, epidemic, pandemic, revolt, strikes, riot, terrorist attack, fire, flood,
war, typhoon and any regulation of the government or order of any
competent statutory or judicial authority or of any government, or any other
cause which are beyond our reasonable control, or act of any third party
beyond our control.
XVIII. GRIEVANCE REDRESSAL IN INDTUBES
a. All grievance including violation of Terms of Use, Privacy Policy, Content
guideline, violation of law User shall be reported to the Grievance Officer
b. If the content which is reported or against which grievance is submitted
to the grievance officer, violates anyone’s intellectual property rights
including but not limited to patent, trademark, copyright, design, trade
secrets, or which violates Content Guidelines then upon submitting
required proof of ownership, INDTUBES may take down the content from
the platform.
XIX. DISUPTE REDRESAL MECHANISM
When the dispute is between INDTUBES and you, we try our best to resolve
the dispute and grievance in amicable manner through conciliation. If not
resolved through conciliation, we shall be resolving our disputes through the
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process of Arbitration. Arbitration shall be conducted either through sole
arbitrator jointly and consensually appointed by parties from the list of
arbitrators provided by INDTUBES or shall be conducted by a panel of 3
member appointed as per law. Venue shall be at office of INDTUBES at
Kolkata. With regard to the procedure of arbitration, standard procedure set
out under the Arbitration and Conciliation Act, 1996 shall be made
applicable.
XX. NOTICE
Any Notice to INDTUBES may be given to
Mr. Soumen Chowdhury
The Grievance Officer
Notices to INDTUBES may be treated as valid service provided that such
receipt is acknowledged by INDTUBES.
XXI. GOVERNING LAW AND JURISDICTION
Terms of Use is governed by laws of India.
High Court, Calcutta and courts subordinate to it shall have the jurisdiction
over anything in connection with or arising out of this Privacy Policy and
Terms of Use
.
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