Here at Offbeet Media Group we take your personal data seriously.
By visiting and accessing our Site (as defined below) you are consenting, agreeing and undertaking to be bound by the following legal and binding agreement between you, the user (“User”) of the Services (as defined below), and Offbeet Media &Communications LLP, an LLP incorporated under the provisions of the LLP Act, 2008 as applicable, having its registered office at A-1/10 DLF Phase 1 Gurgaon Haryana 122002 (“OMG”) setting out the terms and conditions governing your use (“Terms” or “Terms and Conditions”) of the Site. If you do not agree to the Terms and Conditions, you are not entitled to avail of / use the Services and any use thereafter shall be unauthorized.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”), the rules framed there under and applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
OMG provides an online website www.101india.com(“Site”) as an interactive digital platform for its viewers and any associated mobile sites, applications (“Apps”) to inter alia view articles, videos, images etc. and listen to podcasts etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by OMG (“Content”) in connection with its business, provided on the Site (collectively with Content, referred to as “Services”). Content will made available to the User through different modes, including via video on demand basis for viewing at the User’s discretion . Please note that the availability of, and User’s ability to access the Site, the Content or some part of Services, is subject to OMG’s sole discretion and not all Content or Services will be available to all Users.
The User hereby agrees and acknowledges that he/she is accessing this Site and availing of the Services, at his/her own risk, choice and initiative and the User agrees and undertakes to ensure that use of the Site and the Services complies with all applicable laws including the local laws in the User’s jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc. The User agrees and acknowledges that OMG may monitor or use certain technologies including logging of the User’s IP address to ascertain and verify the User’s geographical location. To facilitate the User’s viewership and access, the Services have been packaged by OMG through different models. Content or Services may be accessible free of charge which may include advertisements or commercials or via subscription or a pay-per-view model with or without advertisements/commercials or with a combination of the foregoing on the Site or via an application accessible on the User’s mobile phones, tablets and/or other IP based connected devices. Please see details on the Site and the particular Content viewed. Subject to compatibility and connectivity, the User may be able to access the Services including Content through mobile phones, tablets and other IP based connected devices.
Participation in any contest and or game on the Site conducted by OMG or viewing of certain Content may be subject to further terms and conditions as may be notified by OMG from time to time on the Site or otherwise.
When the User avails the Services or sends any data, information or communication to OMG, the User agrees and understands that he/she is communicating with OMG through electronic records and the User consents to receive communications via electronic records from OMG periodically and as and when required. OMG will communicate with the User by email or any push or other message or electronic records on the email address and or mobile number available with OMG which will be deemed adequate service of notice / electronic record.
The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of OMG.
Access and Use of the Services
Upon acceptance of these Terms, OMG grants the User a non-exclusive limited, revocable, permission to use the Services on the Site for personal, non-commercial purposes during the period of such use for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions.
By agreeing to use/avail the Services, the User:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
– Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the Services;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including OMG’s servers, networks or accounts;
– Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
– Delete or revise any information provided by or pertaining to any other user of the Services.
• Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Site;
– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If the User does so, he/she acknowledges that he/she will have caused substantial harm to OMG, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, the User agrees to pay OMG, INR 500 (Indian Rupees Five Hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that OMG may have against the User in law or equity;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent;
– Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without OMG’s prior written consent;
– Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by OMG;
– Access the Site/application/Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
– Use the Services to advertise or promote competing services;
– Use the Services in a manner inconsistent with any and all applicable law;
– Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
User may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) only reviews or comments (collectively, ” User Material”). As it concerns User Material, without prejudice to his/her obligation to otherwise comply with applicable laws during the course of using the Services, User agrees to comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services.
User agrees that OMG shall have the right but have not the obligation, to monitor, restrict and remove User Material in its sole discretion. User acknowledges that OMG reserves the right to investigate and take appropriate legal action against anyone who, in OMG’s sole discretion, violates these Terms, including, but not limited to, terminating their account and/or reporting such User Material, conduct, or activity, to law enforcement authorities. In addition to the restrictions set forth above, User agrees to adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:
(a) belongs to another person and to which User does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, 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 whatsoever;
(c) harms minors in any way;
(d) infringes any patent, trademark, design, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(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, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. User also represents and warrants that the Posting of User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
User acknowledges that the User Material is not confidential and that he/she has no expectation of privacy in it.
By posting the User Material, User grants OMG a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any property, in perpetuity, in any media formats and on any platform now known or hereinafter created. The license granted hereby to OMG is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, OMG is free to use any ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. OMG’s use of such User Material shall not require any further notice of attribution to the User and such use shall be without requirement of any permission from or any payment to the User or any other person or entity. User hereby agrees and confirms that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.
In no event does OMG assume any responsibility or liability whatsoever for any User Material, and User agrees to waive any legal or equitable rights or remedies that he/she may have against OMG with respect to such User Material.
If User has any complaints relating to any third party User Material uploaded on the Site, then the User may contact: [email protected]. The User’s email must bear his/her digital signature or a signed written complaint, should include the following information:
I. Details of the objectionable User Material;
II.Details of the basis of the objection;
III.What relief is being requested;
IV.All other relevant information required by OMG to assess the complaint.
Part of this Site/Service could contain advertising and other material submitted to OMG by third parties and/or links to third party sites and third party content. Although display of advertisements on the Site on request is subject to OMG’s terms and conditions, OMG expressly disclaims any liability arising out of the usage or viewing of these products or services advertised on the Site or the (third party) content made available / hosted on the third party sites. Any dealings of the User with advertisers found while using the Services are between the User and the advertiser, and the User agrees that OMG is not liable for any loss or claim that the User may have against an advertiser.
User agrees and acknowledges that OMG does not endorse or sponsor such third party sites, content, advertising or other material. This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of OMG, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Site. While using this Site for information purposes or otherwise, users acknowledge and accept the above disclaimer.
OMG is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with OMG. By using the Services, the User acknowledges and agrees that OMG is not responsible or liable to him/her for any content or other materials hosted and served from any website or destination other than the Site.
User assumes all risk of errors and/or omissions inthe Site, including the transmission or translation of information. The User also assumes full responsibility for implementing sufficient procedures and checks to satisfy his/her requirements for the accuracy and suitability of the Site, including the information, and for maintaining any means, which User may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under these Terms.
If the User has any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
User agrees that use of the Services and the access to the Site is at his/her own risk. The Services and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, OMG does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
OMG, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the User’s access to the Site and use of the Services including, but not limited to, any errors or omissions in the Services, or any loss or damage of any kind incurred as a result of the use of the same, even if advised of their possibility. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, OMG’s liability shall be limited to the extent permitted by law.
User agrees to defend, indemnify and hold harmless OMG, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from his/her: (i) use of and access to the Services; (ii) violation of these Terms; (iii) violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) breach of any applicable laws; and (v) unauthorized, improper, illegal or wrongful use of his/her registered account on the Site by any person, including a third party, whether or not authorized or permitted by the User. This indemnification obligation will survive the expiry or termination of these Terms and the User’s use of the Services.
The relationship between User and OMG and these Terms are governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of the User’s use of the Services. Notwithstanding the foregoing, User agrees that (i) OMG has the right to bring any proceedings before any court/forum of competent jurisdiction and User irrevocably submits to the jurisdiction of such courts or forum and (ii) any proceeding brought by the User shall be exclusively before the courts at Gurgaon, India.
If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions hereof, and the remaining provisions given full force and effect.
User acknowledges that his/her representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.