6. USER GENERATED CONTENT
6.1 Our Platform allows Users to post User Generated Content. The Platform may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which You may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to Us or through the Platform, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material. Any content that is publicly posted shall also be treated as a User Generated Content. You understand that any User Generated Content published by You may be viewable by other Users of the Platform and possibly through third-party websites.
6.2 While posting any User Generated Content through any part of the Platform, including the User Generated Content accessible through any of Your linked Third-Party Social Media Service, You represent and warrant that:
6.2.1 Your User Generated Content is not in contravention to Our policies on “Prohibited Activities” as mentioned under Section 9 herein;
6.2.2 You shall not post any User Generated Content which is in violation of Our policy on “Restricted Content” as mentioned under Section 6.4. herein;
6.2.3 The User Generated Content is owned by You or You have the right or sufficient authorization to use it and You grant Us the rights and licence as provided under these Terms;
6.2.4 The posting of Your User Generated Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
6.3 Content Contribution Licence:
6.3.1 By posting User Generated Content, You grant Us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit Your User Generated Content (including, without limitation, Your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your User Generated Content, and to sublicense the licences granted in this Section. Our use and distribution may occur in any media formats and through any media channels.
6.3.2 This licence shall apply to any form of media or technology known presently or developed hereafter, and includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide. You hereby waive all moral rights to Your User Generated Content, and You warrant that moral rights have not otherwise been asserted in Your User Generated Content.
6.3.3 We do not assert any ownership over Your User Generated Content. You retain full ownership of all of Your User Generated Content and any intellectual property rights or other proprietary rights associated with Your User Generated Content. We shall not be liable for any statements or representations made through Your Contributions provided by You in any area on the Platform. You are solely responsible for Your User Generated Content to the Platform and You expressly agree to exonerate Us from any and all responsibility and to refrain from any legal action against Us with respect to Your User Generated Content.
6.4 Restricted Content:
6.4.1 The Company is not responsible for any User Generated Content. You expressly understand and agree that You are solely responsible for the User Generated Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account. You may not transmit any User Generated Content that is illegal, unlawful, offensive, upsetting, intended to disgust, libellous, defamatory, obscene, harassing, hateful, harmful, vexatious, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading or otherwise objectionable.
6.4.2 As You post, publish or make available, any User Generated Content, You represent and warrant that:
6.4.2.1 The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your User Generated Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
6.4.2.2 You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise Us, the Platform, and other Users of the Platform to use Your User Generated Content in any manner contemplated by the Platform and the Terms;
6.4.2.3 You have the written consent, release, and/or permission of each and every identifiable individual person in Your User Generated Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your User Generated Content in any manner contemplated by the Platform and the Terms;
6.4.2.4 Your User Generated Content is not obscene, pornographic, paedophilic or invasive of another’s privacy including bodily privacy;
6.4.2.5 Your User Generated Content is not false, inaccurate, or misleading and does not propagate the spreading of fake news or any information that is patently untrue;
6.4.2.6 Your User Generated Content does not constitute unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, any form of gambling, or other forms of solicitation;
6.4.2.7 Your User Generated Content is not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by Us);
6.4.2.8 Your User Generated Content does not ridicule, mock, disparage, intimidate, or abuse anyone;
6.4.2.9 Your User Generated Content is not intended towards harassing or threatening (in the legal sense of those terms) any other person or to promote enmity or violence against a specific person or class of people on the grounds of religion or caste;
6.4.2.10 Your User Generated Content does not promote any unlawful activity and is not in contravention to any applicable law, regulation, or rule;
6.4.2.11 Your User Generated Content does not violate any applicable law concerning health, safety and overall well-being of minors;
6.4.2.12 Your User Generated Content does not include any offensive opinions or comments that may be considered insulting, defamatory, discriminatory or mean-spirited, including references or commentary, on the basis of gender, religion, caste, race, sexual orientation, gender, national/ethnic origin, physical handicap or other targeted groups;
6.4.2.13 Your User Generated Content does not contain or install any viruses, worms, malware, trojan horses, or other malicious material that is designed or intended to disrupt, interrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person;
6.4.2.14 You shall not attempt to impersonate any person or entity including the Company and its employees or representatives by means of Your User Generated Content;
6.4.2.15 Your User Generated Content does not relate to or encourage money laundering, gambling or any impermissible online game capable of causing User harm; and
6.4.2.16 Your User Generated Content is not provocative or instigating in nature and is not capable of threatening the unity, defence, security or sovereignty of India, friendly relations with foreign states or public order and is not likely to incite the commission of any cognisable offence, prevent investigation for any offence or insult another nation.
6.4.3 The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any User Generated Content is inappropriate and in violation of Our Terms and accordingly refuse or remove any such User Generated Content. Furthermore, the Company reserves the right to:
6.4.3.1 Edit, redact or make changes to Your User Generated Content;
6.4.3.2 Re-categorize any of Your User Generated Content to place them in more appropriate locations of the Platform; and
6.4.3.3 Pre-screen or delete any User Generated Content at any time and for any reason, without notice.
6.4.4 As the Company cannot control all content posted by Users and/or third parties on the Platform, You agree to use the Platform at Your own risk and You understand that by using the Platform, You may be exposed to material that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any such material, including any errors or omissions in any User Generated Content, or any loss or damage of any kind incurred by You as a result of Your use of any User Generated Content.
6.4.5 The User expressly agrees to indemnify and reimburse the Company in case of any and all losses suffered by the Company due to the User’s breach of or non-compliance with (a) Section 6 herein, (b) any third party’s intellectual property rights, or (c) any applicable law.
6.5 Reporting Mechanism:
6.5.1 Although the Company does not assume any responsibility for User Generated Content on the account of impracticality and lack of adequate and effective technological resources, Users may exercise their option to report any User Generated Content which are suspected to be against the Terms. The reports submitted by Users are considered very seriously by the Company and each of them is scrutinised manually. Appropriate action is taken against the reported Users and User Generated Content which are concluded to be in violation of the Terms.
6.5.2 In case You wish to report an infringement of a copyright owned or controlled by You, caused due to any User Generated Content available on or through Our Platform or Services, please refer to Section 8 herein to understand Our policies on “Copyright Infringement”.
6.6 Content Backup:
6.6.1 The Company performs routine, periodic backups for all User Generated Content as well as for data relating to Your usage of the Platform, for the purpose of managing the overall performance of the Platform. However, the possibility of loss or corruption of data may not be overlooked. The User understands and agrees that loss or corruption may occur, without limitation, in situations where the data is corrupt or lost prior to backup, or due to changes to the data during the performance of a backup. The Company does not guarantee the absolute availability of all User Generated Content at all times.
6.6.2 In case of loss or corruption, the Company shall employ reasonable efforts towards troubleshooting any known or discovered issues that may affect the backup process. The Company shall also attempt to extend its support to the Users, as and when required. However, the User hereby acknowledges that the Company has no liability relating to the integrity of lost, corrupted or recovered data or towards its failure to successfully restore any User Generated Content to an usable state. The User agrees to waive any right of action against the Company arising from any loss or corruption of data.
6.6.3 The responsibility to maintain all of the data transmitted by the User lies with the User and the User hereby agrees to maintain all of its User Generated Content at a location independent of the Company’s Platform.
6.7 Guidelines for Reviews:
6.7.1 Certain areas of the Platform or the Services may allow the User to leave reviews or ratings. When posting a review, the User must comply with the following conditions:
6.7.1.1 The User should have first-hand experience with the person, entity, product or any other digital product they are reviewing or rating.
6.7.1.2 The User shall not be affiliated with any competing organisations when posting negative reviews.
6.7.1.3 The User may not organise a campaign encouraging others to post reviews or ratings, whether positive or negative.
6.7.1.4 The contents of the review or rating shall not contain any “Restricted Content” as mentioned under Section 6.4. herein.
6.7.1.5 The reviews or ratings shall not otherwise contravene any of the Terms mentioned herein.
6.7.2 The Company reserves the right to accept, reject or remove any reviews or ratings at their sole discretion.
6.7.3 Though the Company does not have any obligation to screen or delete reviews, Users have the option to report any reviews or ratings which they may find objectionable or inaccurate.
6.7.4 It is understood by the User that reviews and ratings are not endorsed by the Company and they do not necessarily represent the Company’s opinions or views of any of their Affiliates or partners.
6.7.5 The User hereby agrees to waive any right of action against the Company in relation to any review or for any claims, liabilities or losses resulting from any reviews.
6.7.6 By posting a review, the User hereby grants the Company a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews and ratings.
12. SOCIAL MEDIA