Updated effective from December 21st, 2017
This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
This Site / Application / Services is / are operated / provided by Venvidi Media Private Limited.
These terms and conditions (‘User Terms’) apply to Your visit and use, of the Site whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to You on or through the Site, the Service and the Application. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By clicking on the ‘SIGN UP’ button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWWEN YOU AND FITURB IN RESPECT OF THE USE AND SERVICES OF THE SITE.
By accepting these User Terms, you also allow Fiturb to send you promotional emails and SMS alerts from time to time.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
i. ‘Account’ shall mean the account created by the User on the Application for availing the Services provided by Fiturb.
ii. ‘Applicable Laws’ shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
iii. ‘Application’ shall mean the mobile application ‘Fiturb’ updated from time to time.
iv. ‘User / You’ means a person who has an Account on the Application.
v. ‘Force Majeure Event’ shall mean any event arising due to any cause beyond the reasonable control of VM.
vi. ‘VM’ or ‘us’ or ‘we’ or ‘our’ shall mean Venvidi Media Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its corporate office at No.118, RSR Colony, Immadihalli, Whitefield, Bangalore-66.
vii. ‘Registration Data’ shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by VM from the User from time to time for registration on the Application.
viii. ‘Site’ shall mean the Application Fiturb and the website www.fiturb.io operated by VM or any other software that enables the use of the Application or such other URL as may be specifically provided by VM.
ix. ‘T&Cs’ and ‘User Terms’ shall mean these User terms and conditions.
2.1. You will be ‘Eligible’ to use the Site only when You fulfil all of the following conditions:
i. You have attained at least 18 (eighteen) years of age.
ii. You are competent to enter into a contract under the Applicable Laws.
If You reside in a jurisdiction that restricts the use of the Site because of age, or restricts the ability to enter into contracts such as this User Terms due to age, You must abide by such age limits.
3. REGISTRATION AND ACCOUNT
3.1. Fiturb users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
i. You will not provide any false personal information on Fiturb, or create an account for anyone other than yourself without permission.
ii. You will not create more than one personal account.
iii. If we disable your account, you will not create another one without our permission.
iv. You will not use Fiturb if you are a convicted sex offender.
v. You will keep your contact information accurate and up-to-date.
vi. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
3.2. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
3.3. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
3.4. It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device.
4. SHARING YOUR CONTENT AND INFORMATION
You own all of the content and information you post on Fiturb. In addition:
4.1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Fiturb (IP License). This IP license ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
4.2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
4.3. You agree that you are solely responsible for (and that Fiturb has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Site and for the consequences of your actions (including any loss or damage which Fiturb may suffer) by doing so.
4.4. You agree to resolve directly and exclusively with third party any disputes you may have about Content that they have posted or transmitted via Fiturb. In this regard, you understand that Fiturb does not monitor or control the Content posted by others, and instead simply provides a service by allowing users to access information that has been made available.
We do our best to keep Fiturb safe, but we cannot guarantee it. We need your help to keep Fiturb safe, which includes the following commitments by you:
5.1. You will not post unauthorised commercial communications (such as spam) on Fiturb.
5.2. You will not collect users’ content or information, or otherwise access Fiturb, using automated means (such as harvesting bots, robots, spiders or scrapers) without our prior permission.
5.3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Fiturb.
5.4. You will not upload viruses or other malicious code.
5.5. You will not solicit login information or access an account belonging to someone else.
5.6. You will not bully, intimidate or harass any user.
5.7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence or any kind of objectionable content .We don’t tolerate any kind of objectionable content or abusive users and will be automatically terminated or revoked of license from using Fiturb application.
5.8. You will not use Fiturb to do anything unlawful, misleading, malicious or discriminatory.
5.9. You will not do anything that could disable, overburden, or impair the proper working or appearance of Fiturb, such as a denial of service attack or interference with page rendering or other Fiturb functionality.
5.10. You will not facilitate or encourage any violations of this Statement or our policies.
5.11. ALL RISKS WHEN USING FITURB, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS, INCLUDING MEETING OTHER MATCHES REMAIN WITH YOU. YOU ARE EXPECTED TO USE YOUR BEST JUDGEMENT IN EXPERIENCING ANY OF THE BENEFITS / REQUIREMENTS OF FITURB. YOU AGREE THAT YOU MUST INDEPENDENTLY EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU DO THE NECESSARY DUE DILIGENCE BEFORE RELYING ON ANY CONTENT CREATED BY USERS, INCLUDING REGISTERED USERS, OF FITURB, TRANSMITTED THROUGH FITURB, OR SUBMITTED TO FITURB. YOU ARE ALSO AGREEING TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING OR INTERACTING WITH INDIVIDUALS THROUGH THE SITE. YOU SHALL ALL TIMES BE RESPONSIBLE FOR ALL OUTCOMES OF MEETING / SHARING INFORMATION AND / OR BEING IN A SHORT OR A LONG TERM RELATIONSHIP THROUGH THE SITE. IT IS ACCEPTED AND UNDERSTOOD BY YOU THAT AT ALL TIMES YOU SHALL USE YOUR JUDGEMENT AND DISCRETION IN USING THE SITE OR PROCEEDING WITH A MATCH AND / OR DECIDING TO BE IN A RELATIONSHIP WITH A MATCH HRE FROM.
6. PROTECTING OTHER PEOPLE’S RIGHTS
We respect other people’s rights and expect you to do the same.
6.1. You will not post content or take any action on VM and Fiturb that infringes or violates someone else’s rights or otherwise violates the law.
6.2. We can remove any content or information you post on Fiturb if we believe that it violates this Statement or our policies.
6.3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
6.4. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our prior written permission.
6.6. You will not post anyone’s identification documents or sensitive financial information of Fiturb.
6.7. You will not tag users or send email invitations to non-users without their consent.
7. FORCE MAJEURE
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
By accepting these User Terms, You agree that You shall defend, indemnify and hold Fiturb, VM, their affiliates, their licensors and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorney’s fees and costs) arising out of or in connection with: (a) Your violations or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party or (c) Your use or misuse of the Application.
9.1. The information, recommendations and/or Services provided to You on or through the Site and the Application are for general information purposes only and does not constitute advice. VM will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the content of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
9.2. VM should not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Application.
9.3. VM does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
9.4. VM shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and / or email ID registered with Fiturb. VM will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You.
9.5. IN NO EVENT SHALL VM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
9.6. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF R. 1,000/- (Rupees One Thousand only)
9.7. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of VM shall be the minimum permitted under the Applicable Law.
10. APPLICABLE LICENSE
10.1. Subject to Your compliance with these User Terms, VM grants You a limited, revocable, non-exclusive, non-transferable and non sub licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
10.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site in any way; (ii) modify or make derivative works based upon the Application; (iii) create Internet ‘links’ to the Service or ‘frame’ or ‘mirror’ any Site in any other server o wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and / or performance of the Service or Site.
10.3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorised access to the Site, the Application or Service or its related sytems or networks.
10.4. VM will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. VM may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that VM has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. VM reserves the right, at any time and without prior notice, to remove or disable access to any content that VM, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
11. CONTENT POSTED BY CUSTOMERS
11.1. VM accepts posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site (‘Posted Content’) by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. VM shall not in any manner be responsible for or endorse the Posted Content.
11.2. You agree that when posting Posted Content, You will not:
(i) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
(ii) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
(iii) Upload files that contain viruses, corrupted files. Or any other similar software or programs that may damage the operation of another’s computer.
(iv) Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
(v) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(vi) Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
(vii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(viii) Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
(ix) Restrict or inhibit any other user from using and enjoying the Site.
(x) Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
(xi) Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
(xii) Threaten 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.
(xiii) Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
12. INTELLECTUAL PROPERTY OWNERSHIP
12.1. VM alone shall own all right, title and interest, including all related intellectual property rights, in and to
(i) The Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
(ii) Text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
(iii) Other information provided by You or any other party relating to the Site, Application or the Service.
The third party trademarks may appear on this Site / Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
12.2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by VM. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site / Application.
12.3. You may use information on the Site purposely made available by VM for downloading from the Site, provided that You:
(i) Do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
(ii) Use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
(iii) Do not make any additional representations or warranties relating to such information.
13.1. If permitted by VM, You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of Your site by Us. You must not use on Your site or in any other manner any VM trademarks or service marks or any Content belonging to VM and appearing on the Site, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Site without our prior written consent.
14. TERM AN TERMINATION OF LICENSE AGREEMENT
14.1. Unless terminated in accordance with this Clause 14, the agreement between VM and You is perpetual in nature upon downloading the Application.
14.2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
14.3. VM is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You: (a) violate or breach any term of these User Terms, or (b) in the opinion of VM, misuse the Application or the Service. VM is not obliged to give notice of the termination of the agreement in advance. After termination VM give notice thereof in accordance with these User Terms.
14.4. Termination of this agreement will not prejudice accrued rights of either VM or You.
14.5. Clauses 8 (Indemnification), 9 (Liability), 10 (Applicable License), 11 (Content posted on Site / Application), 12 (Intellectual Property Ownership), 14 (Term and Termination), 19 (Notice) and 21 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry / termination of these User Terms in accordance with their terms.
15. INVALIDITY OF ONE OR MORE PROVISIONS
15.1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and VM, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
17.1. You agree that Fiturb is merely and electronic platform for Social Networking and does not guarantee or provide assurance in respect of the behaviour, actions or data of the users posted on the Site.
17.2. We do not authorise anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
17.3. VM and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the Information contained upon the Site (whether arising from VM or any other person’s negligence or otherwise).
17.4. This Site, Application and all content on the Site and the Application are provided on an ‘as is’ basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and / or Application, that Your access of the Site and / or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and / or Application, and that VM shall not be liable for any damages of any kind related to Your access and use of this Site and / or Application.
17.5. All images, audio, video and text in the Site and / or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and / or coincidental.
18. MODIFICATION OF THE SERVICE AND USER TERMS
18.1. VM reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
18.2. VM shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when VM last modified the User Terms by referring to the ‘Last Updated’ legend above. It shall be Your responsibility to check these User Terms periodically for changes. VM may require You to provide Your consent to the updated User Terms in a specifies manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available oon the Site at the time of such use.
19.1. VM may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in VM’s account information.
19.2. You may contact VM by electronic mail at Our email address firstname.lastname@example.org or by written communication sent by regular mail to Our address No.118, RSR Colony, Immadihalli, Whitefield, Bangalore-66.
20.1. You shall not assign Your rights under these User Terms without prior written approval of VM. VM can assign its rights under the User Terms to any affiliate.
21. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, ‘Disputes’) the parties shall attempt to settle the same amicable, through negotiation and consultation at such offices of VM as VM may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by VM and You. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by VM and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.