1. Your Acceptance |
This is an agreement between you (i.e. Viewers, Users) and Visitindia.com (Powered by Primosoft, India) stating the terms and conditions that govern your visit to and use of the portal www.visitindia.com/webvideo. By using and/or visiting on this portal (collectively, including all Content available through the www.visitindia.com/webvideo), you signify your assent to these terms and conditions (the "Terms of Use"). You must accept and abide by these “Terms of Use / Disclaimer” as resented to you. If you do not agree to any of these Terms of Use, then we are requesting you that do not use the portal. These Terms of Use apply to all users of the Portal, including users who upload any video content on the Portal. |
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2. Portal Access |
A). The Portal, inter alia, allows you to watch videos, clips from programmes and shows, promos from films and television available in the Portal.
B). You can access the Portal directly in the domain name www.visitindia.com/webvideo or through the primary Portal of the Company www.visitindia.com.
C). You can upload your own videos of any duration upto a maximum size of 30 MB on the Portal.
D). In order to upload your own videos on the Portal, you must be a registered user of the Portal www.visitindia.com.
E). The Company hereby grants you permission to use the Portal as set forth in this Terms of Use, provided that: (i) your use of the Portal as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Portal in any medium without the Company's prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use. |
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3. Intellectual Property Rights |
The content on the Portal, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company. Content on the Portal is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Portal for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Portal or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Portal or the Content therein. |
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4. User Submissions |
A). The Portal may now or in the future permit the submission of videos submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any submissions.
B). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Portal and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Portal and these Terms of Use. For the sake of clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Portal, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Portal and the Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Portal (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Portal a non-exclusive license to access your User Submissions through the Portal, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Portal and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Portal.
C). In connection with User Submissions, you further agree and undertake that you shall not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or offends any religions or communities, or encourages superstition or blind belief or is likely to incite violence or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law and regulations or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
D). The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Portal, and the Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Company reserves the right to remove Content and User Submissions without prior notice. The Company will also terminate a User's access to its Portal, if they are determined to be an infringer. The Company also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
E). You understand that when using the Portal, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your or access to or use of the Portal.
F). Notice and Procedure for making Claims of Copyright Infringement
The Company has adopted the following policy towards copyright infringements:
The Company will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to the Portal.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company written information specified below. Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed.
(i) Physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located on the Portal;
(iv) Your address, telephone number, and e-mail address;
(v) A statement by you that to the best of your knowledge and belief, the use of the copyrighted material that you claim to have been infringed has not been authorized by the copyright owner, its agent, you or the law; and
(vi) A statement by you, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner of the infringed material.
(vii) The notice of any claim for copyright infringement should be sent to the Company at the following address:
Visitindia.com
(Powered by Primosoft, India)
301, 3rd Floor, Diamond Trade Center,
Nr. Janjirwala Square,
Indore – 452002 (MP), India. |
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5. Warranty Disclaimer |
YOU AGREE THAT YOUR USE OF THE PORTAL SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY INCLDUNG ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PORTAL AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT OF THIS PORTAL OR THE CONTENT OF ANY PORTALS LINKED TO THIS PORTAL AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PORTAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PORTAL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PORTAL BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL. |
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6. Limitation of Liability |
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PORTAL, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PORTAL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PORTAL BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Portal is controlled and offered by the Company from its facilities in India and makes no representations that the Portal is appropriate or available for use in other locations. Those who access or use the Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law. |
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7. Indemnity |
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective 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 attorney's fees) arising from: (i) your use of and access to the Portal; (ii) your violation of any term of these Terms of Use (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Portal.
You affirm that you are either 18 years or more of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 14, as the Portal is not intended for children under 14 years of age. |
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8. Assignment |
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. |
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9. General |
You agree that: (i) the Portal shall be deemed solely based in Indore; and (ii) the Portal shall be deemed a passive Portal that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Indore. These Terms of Use shall be governed and construed in accordance with the laws of India. Any claim or dispute between you and the Company that arises in whole or in part from the Portal shall be decided exclusively by a court of competent jurisdiction located in Indore. These Terms of Use, together with any other legal notices published by the Company on the Portal or on its Portal domain name www.visitindia.com, shall constitute the entire agreement between you and the Company concerning the Portal. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Portal following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. |
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