Terms & Conditions.jpg

TERMS OF USE

Zinglin Media Private Limited (hereinafter referred to as “ZMPL” or “we” or “us” or “our”, as the context requires, and shall include its successors and assigns) operates a mobile platform application, inter-alia, App or portal called ‘Zinglin’ whereby user generated content can be uploaded, posted, shared or transmitted (such as via a stream) or otherwise made available through the Platform including videos, animations, comments, messages, reviews, photographs, sound recordings and the musical works (whether composed by such user or licensed to such user or of any other nature)  embodied therein and including but not limited to videos that incorporate locally stored sound recordings from a personal music library and ambient noise (“user generated content”, “content”, “User content” or any other similar reference) via our mobile application by users (hereinafter referred to as “you” or any other similar reference) and you may also be granted an opportunity to participate in various contests and promotional activities  on the mobile platform application (“Platform”).

 

For the purpose of this Terms of Use (“Terms”), references to Platform will include usage of our services, applications, products and content by you.

 

As per the prevailing law in India, the Terms are a legally binding agreement governing the relationship between you (i.e., the user) and us. Please read the Terms carefully.

 

We agree to provide you access to our Platform and its products, features, applications, services and software, in return for your commitment to comply with the Terms.

I. ACCEPTANCE

 

By using the Platform, you accept these Terms and agree to be bound by our Terms and acknowledge that any other agreements between us are hereby superseded with respect to the subject matter of these Terms. If you do not agree to and accept these Terms, you must exit the Platform and not use the services etc. available on the Platform. Please note that your usage of our Platform will be subject to our Privacy Policy, Cookies Policy and other terms and conditions set out on the Platform (the terms of which shall be deemed to have been incorporated herein by reference) and all applicable laws and regulations.

 

By using our Platform, you state that:

(a) you are legally capable of entering into a contract as per Indian Contract Act, 1872 or any other law applicable to you;

(b) your account has not been previously disabled for breach of our Terms or Policies; and

(c) you will comply with these Terms and all applicable laws and regulations.

 

If you are accessing or using the Platform on behalf of a business or entity, then (i) “you” and “your” includes you and that business or entity, (ii) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (iii) your business or entity is legally and financially responsible for your access or use of the Platform as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

 

 

II. REVISIONS

 

We may revise these Terms from time to time and without notice. We will also update the “Last Updated” date of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Platform signifies your acceptance to these revised Terms from time to time. If you do not agree to the revised Terms, you must cease from accessing or using the Platform.

 

III. USER ACCOUNT

 

An account must be created with us to access our Platform. Please ensure that you must provide accurate and up-to-date information and update this information from time to time. Please note that we do not charge any cash payment from you to grant you access to our Platform. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at 

Please note that you will be solely responsible (to us and to others) for the activity that occurs under your account. We reserve the right to disable your user account, and remove or disable any content you upload or share, or any comment or review you post at any time, or if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair or affect the goodwill or business or operations of the Platform or infringe or violate any third party rights, or violate any applicable laws or regulations.

 

Please note that we will be sharing the information you provide us with third parties including who help us provide, improve, protect, and promote the Platform. Please refer our Privacy Policy regarding measures we take to ensure security of your account information.

 

Please contact us at care.zinglin@ufomoviez.com if you want us to deactivate and delete your account. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information thereon.

 

IV. USE OF PLATFORM

 

With a view to ensure that our Platform is safe, secure and in accordance with law, please ensure that you will not

1) Access or use the Platform if you are not fully able and legally competent to agree to these Terms;

2) Carry out any activity during the access or use of our Platform which is unlawful, misleading, discriminatory or fraudulent in any way;

3) Provide false name, address and other details, on the basis of which delivery of the product(s) is to be made to you;

4) Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Platform or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Platform or any derivative works thereof;

5) Distribute, publish, license, transfer, or sell, in whole or in part, any of the features or services offered by the Platform or any derivative works thereof;

6) Market, rent or lease any of the features or services offered by the Platform for a fee or charge, or use such features or services to advertise or perform any commercial solicitation;

7) Use the Platform or its features for any commercial or unauthorized purpose, without our prior written consent, including communicating or facilitating any commercial advertisement or solicitation or spamming,;

8) Interfere with or attempt to interfere with the proper working of the Platform, disrupt our website or any networks connected to the Platform, or bypass or attempt to bypass any measures we may use to prevent or restrict access to the Platform;

9) Incorporate any of the features of the Platform or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Platform in our sole discretion;

10) Use automated scripts to collect information from or otherwise interact with the Platform;

11) Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, share, transmit, distribute or otherwise make available emanates from the Platform;

12) Intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

 

13) Use or attempt to use another’s account, service or system without authorization from us, or create a false identity on the Platform;

14) Harass, stalk, threaten, or otherwise violate any legal rights of other individuals;

15) Use cheats, exploits, automation, software, bots, hacks or any unauthorized third party software designed to modify or interfere with the Platform or assist in such activity.

16) Use the Platform in a manner that may create a conflict of interest or undermine the purposes of the Platform, such as uploading infringing or illegal content, trading reviews with other users or writing or soliciting fake reviews;

17) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way, files that contain viruses, Trojans, worms or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers without their written consent;

18) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any material which does or may infringe any copyright, trade mark, trade secret or other intellectual property, proprietary or privacy rights of any other person/ entity or use the intellectual property rights including music tracks, songs etc. of a third party without proper authorization;

19) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law for the time being in force or promotes or provides information about illegal activities.

 

20) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any material that contains advertising, promotion or any solicitation with respect to products or services without our express prior written approval.

21) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any material which is defamatory of any person, obscene, offensive, pornographic, blasphemous, hateful or inflammatory, ethnically objectionable, disparaging, threatening, abusive, grossly harmful, paedophilic, false, misleading, invasive of privacy or publicity rights, impersonating, enticing /harming of minors in any way, vulgar, in an expression of bigotry or hatred based on age, gender, race, religion, caste, class, lifestyle preference, nationality or otherwise harmful, detrimental or prejudicial or relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;

22) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm or any material that contains a threat of any kind, including threats of physical violence;

23) Access or use the Platform if it is illegal or not permitted under the law in your jurisdiction or not permitted under the law to agree to these Terms;

24) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any material that is provocative, defamatory, indecent, libelous, hateful, deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people or any material that is racist or discriminatory, including discrimination on the basis of someone’s race, caste, religion, age, gender, disability or sexuality;

25) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any answers, responses, comments, reviews, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;

26) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any material that is, obscene, illegal, profane, relates to or encourages money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or is anti-national, threatens the unity, integrity, defense, security or sovereignty of India or any other country, 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; or

27) Use the Platform to post, upload, transmit, distribute, store or otherwise make available in any way any material that, in our sole judgment is objectionable or which restricts or inhibits any other person from using the Platform, or which may expose us, the Platform or its users to any harm or liability of any type.

In addition to the above, please ensure that your usage of our Platform is in accordance with Privacy Policy, Cookie Policy, copyright notice and other terms and conditions set out on the Platform and all applicable laws and regulations.

We reserve the right, at any time and without prior notice, to analyze and remove or disable access to content at our discretion for any reason whatsoever, including if we are of the opinion that the content objectionable, is in violation of intellectual property rights of a third party, is in violation of these Terms or our other policies or terms, or otherwise harmful to the Platform or our users.

We reserve the right of admission for access or use of the Platform.  We reserve the right to forthwith terminate your access or use of the Platform and / or remove your content for violation of any terms of the Terms or due to public policy or any other act that may be harmful to the society or against public health or public safety or may affect our reputation or reputation of any third party in any manner whatsoever.

V. INTELLECTUAL PROPERTY RIGHTS

  1. RESTRICTION

You agree and undertake that you will not use the Platform in a manner that is detrimental to or infringes the intellectual property rights including but not limited to songs, music tracks etc. of a third party. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who potentially or otherwise infringes intellectual property rights of other parties using our Platform and remove the content that infringes intellectual property rights of other parties using our Platform.

 

    2. OUR RIGHTS

 

All legal right, title, interest and intellectual property in the Platform including all text, images, photographs, illustrations, icons, video clips, audio clips, written, other materials and the Platform Content (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist), belong solely with us. Nothing contained in these Terms should be construed as granting by implication, estoppel, or otherwise, the right to use any of our trade names, trademarks, service marks, logos, domain names, copyright, patent, other distinctive brand features or other intellectual property rights in any manner whatsoever without our express and prior written consent. You agree that you shall not use the trademarks or trade names or deceptively similar marks or derivatives created from such trademarks, trade names or intellectual property rights to pass off products and/or services as those our parent, holding, subsidiaries, associates, affiliates, licensors, successors and assigns etc. We will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution.

   3.CONSENT TO USE

When you post, upload or share any content on our Platform, including but not limited to User Content, such as, video clips uploaded by you, audio recordings containing musical works (including the lyrics) whether composed by you or licensed to you or of any other nature. You hereby grant to us, including but not limited to our holding, parent, subsidiary, associate, affiliate, representative, successors and assigns, an unconditional, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, perpetual, worldwide license to host, use, distribute, modify, adapt, reproduce, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings) and to authorize other users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented. Upon deleting your account, your content may still continue to appear and be available in the public domain. Deleting your account shall not (i) affect our rights and entitlements for any use/ utilization of your content by us at any time prior to the time of your cancellation/ revocation of such license, and (ii) oblige us to take actions requiring any person to stop the usage or utilization of your content in any manner.

 

You further grant us a royalty-free permission to use your username, profile picture, voice and likeness to identify you as the source of any of your content and information about your actions with accounts, ads, and sponsored content. You further grant us royalty free permission to use your data for providing you services on the Platform, contests and other promotional activities, enhancing your experience and improving or enhancing our services on the Platform from time to time. You also grant permission to us, our parent, holding, associates, affiliates, subsidiaries, representatives and agents including third parties authorized by us, to contact you for marketing and promotional activities.

 

You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as followers) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on the Platform, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on our Platform. As with actions on other content and followers of other accounts, actions on sponsored content and followers of sponsored accounts can be seen only by people who have permission to see that content or are followers.

 

Please note that once you upload any content containing musical works (including any videos containing music, video or audio clips of music performances, etc.) onto the Platform, the musical works will become a part of our music library (whether as a whole or in parts) and will be accessible and usable by all users of the Platform. You acknowledge that you have no objections in such musical works or any derivative/ variation thereof being displayed as a part of the Platform’s music library and being used by us or other users of the Platform. You further grant us an unconditional, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, perpetual, worldwide license to host, use, distribute, modify, adapt, reproduce, run, copy, publicly display, translate, and create derivative works of your musical works and to authorize other users of the Platform and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your musical works in any format and on any platform, either now known or hereinafter invented.

 

You hereby expressly waive your rights to claim royalties, credits or any compensation (monetary or otherwise) from us or other users in relation to use of your musical works by us or such users.

 

For the avoidance of doubt, the rights granted in the Terms to us include, but are not limited to, the right to publish on the Platform, reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. Therefore, you hereby grant us the right to use your content i.e.: User Content (defined below) without the obligation to pay royalties you or to any person, entity or third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization  (a “PRO”), a sound recording PRO any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content (defined below).

 

VI. PRODUCTS, DELIVERY, RETURN, EXCHANGE AND CLAIMS

 

We are only a Platform wherein advertisers conduct contests and promotional activities. We do not subscribe or promote views expressed or acts committed in any user generated content nor subscribe, promote or sell products or services of the advertiser(s) and do not guarantee the merchantability, quality, use or accuracy of the products or services or sell the product or services of the advertiser.

 

The advertiser is solely responsible for the conduct of contests and promotional activities and delivery of the products directly to you as participant / winner of the contest and any other promotional activities.  In addition to the Terms herein, you agree to be governed by the terms and conditions of the contests and any other promotional activities including conditions as may be applicable for delivery of the products etc. by the advertiser(s) or any party authorized by the advertiser(s).

 

The advertiser is solely responsible for the merchantability, quality, use, accuracy, performance and proper condition of the products or services and you shall solely and exclusively claim for return or replacement, if available,  non-delivery or otherwise, from the advertiser only.

 

If the aforesaid terms are not agreeable, you should not participate in the contest or any other promotional activity.

 

VII. CONTENT

  1. PLATFORM CONTENT

 

We are only a Platform for user generated content and do not subscribe or promote the views, act or any other material provided by you. You should refrain from using any material on content which is illegal or infringing intellectual property rights or proprietary rights of any person or is otherwise impermissible and we reserve our right to take strictest action against any such act which may affect us, any user or any third party. You or your licensor will only use owned or licensed content on the Platform. All content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, format, layout and music on the Platform, and all intellectual property rights related thereto (the “Platform Content”), are either owned by us or licensed to us.

 

The Platform offers ZingPoints (or any other points by whatever name called) that can be received by performing various activities on the Platform and can be used to participate in contests and other promotional activities. The Platform will also allow the user to participate using ZingPoints and redeem ZingPoints to appear on the cinema screen and participate in contests and other promotional activities including ‘raffles’ for winning products.

 

Use of the Platform Content or materials on the Platform for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or our licensors’ prior written consent, as applicable. Our licensors and we reserve all rights not expressly granted in and to the Platform and the Platform Content.

 

The Platform may contain content relating to advertisements or sponsored content. Your access or use of the Platform, temporary or otherwise, is a necessary consideration for the rights granted to us.

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Platform, including, through the sale of advertising, sponsorships, and promotions of our Platform. Except as specifically permitted by us in these Terms or in another agreement you enter into with us, and notwithstanding anything contained in any Terms otherwise, you will have no right to share in any such revenue or goodwill, whatsoever.

 

You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, and notwithstanding anything contained in any Terms otherwise, you (a) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Platform, including in any User Content created by you, and (b) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Platform or on any third party service.

 

2. LIMITED LICENSE OF PLATFORM CONTENT

 

Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sub licensable, revocable, worldwide license to access and use the Platform, including to download the Platform on a permitted device, and to access the Platform Content solely for your personal, non-commercial use through your use of the features and services offered on our Platform and solely in compliance with these Terms and other policies.

 

We reserve all rights and interests not expressly granted herein in, in relation to and arising out of the Platform and the Platform Content. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.

For the sake of clarity, it is hereby mentioned that no rights with respect to sound recordings made available on the Platform and the musical works embodied therein are being licensed to you other than as expressly set out herein.

 

You acknowledge and agree that the content, advertising, contests and/or any promotional activities on our Platform is provided for general information and when you view content provided by others on the Platform, you are doing so at your own risk and consequences.

 

We expressly state that no content, advertising, contests and/or any promotional activities on the Platform is intended to amount to advice on which you should rely and you must obtain professional advice before taking, or refraining from, any action on the basis of the content on our Platform.

 

We make no representations, warranties or guarantees, whether express or implied, in respect of any products being offered and in respect of the accuracy, or completeness of any Platform Content (including User Content).

 

The links displayed on our Platform belong to third parties and have been provided for your information only. You acknowledge that we have no control over the contents of those sites or resources and such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

3. USER GENERATED CONTENT

You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including User Content). We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or endorse any opinions expressed thereof. You understand that by using the Platform, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the user who posted such content.

 

Users of the Platform 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 that combine and intersperse User Content generated by more than one user.  Users of the Platform may also overlay music; graphics, stickers and other elements provided by the Platform (“Platform Elements”) onto the User Content and transmit this User Content through the Platform.

The information and materials in the User Content, including User Content that includes Platform Elements, have not been verified or approved by us. The views expressed by other users on the Platform, advertisers or any third party do not represent our views or values.

 

Whenever you access or use a feature that allows you to post, upload, share or transmit User Content through the Platform (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Platform, you must comply with the standards set out at “Use of Platform” above or other applicable provisions set out in these Terms. You may also choose to post, upload, share or transmit your User Content, including User Content that includes Platform Elements, on sites or platforms hosted by third parties. If so, please ensure compliance with our Terms and the policies or terms of such third parties. Please ensure that you comply with the laws of your jurisdiction, do not infringe rights of any person, entity or third party, and comply with the terms and conditions provided by any person, entity or third party.

 

You undertake to indemnify us and keep indemnified us, including directors, employees, officials, agents, representatives, our parent, holding, subsidiaries, associates, affiliates, agent, representatives and advisors, and including successors and assigns, whether existing or in future, from and against any legal proceedings and including but not limited to any liabilities, costs, claims, damages, losses, expenses (including attorney’s fees), compensation etc., which we may be liable for or incur or suffer in the event that the User Content posted, shared, transmitted or broadcasted on the third party’s platform does not comply with the Terms or their policies, violate the law of your jurisdiction or infringe our rights or rights of user, person, entity or third party.

 

4. USER CONTENT NOT CONFIDENTIAL

 

We assume that all User Content is of non-confidential and non-proprietary nature. You undertake not to upload, transmit or broadcast any User Content on or through the Platform that you consider to be of confidential or proprietary nature. By submitting the User Content through the Platform, you agree and represent that you own or have rights in the User Content and/ or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to post, upload, transmit, broadcast or submit it to the Platform and to transmit it from the Platform to other third party platforms, and/or adopt any third party content.

 

If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Platform unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Platform. The above shall be applicable to all other intellectual property rights.

 

5. MUSICAL WORKS

 

You agree and acknowledge that you do not have an objection in relation to the licenses granted to us in respect of the musical works (including the lyrics) composed or authored by you and the right granted to us to modify or make derivations/ variations of such musical works. You further confirm that you have granted permission to other users to use the aforesaid musical works once they become a part of the music library available on our Platform.

 

Please be aware of and please inform your PRO of the royalty-free license you have granted to us in your User Content vide these Terms, in case you are a composer or author of a musical work and are affiliated with a PRO. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations.

 

If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or ensure that such music publisher enters into these Terms with us.

 

Being an author of a musical work does not give you the right to grant us the licenses in these Terms. If you are a recording artist for a record label, then you are solely responsible for ensuring that your use of the Platform is in compliance with any contractual obligations that your record label may have subjected you to, for instance, claim of the record label over new recordings created through the Platform.

 

You undertake to indemnify us and keep indemnified us, including directors, employees, officials, agents, representatives, our parent, holding, subsidiaries, associates, affiliates, agents, representatives and advisors, and including successors and assigns, whether existing or in future, from and against any legal proceedings and including but not limited to any liabilities, costs, claims, damages, losses, expenses (including attorney’s fees), compensation etc., which we may be liable for or incur or suffer in the event that the User Content posted, shared, transmitted or broadcasted on the third party’s platform does not comply with the Terms or their policies, violate the law of your jurisdiction or infringe our rights or rights of user, person, entity or third party.

 

6. THROUGH-TO-THE-AUDIENCE RIGHTS

 

All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Platform.

 

7. WAIVER OF RIGHTS TO USER CONTENT

 

You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including but not limited to any right under the provisions of Section 30A of the Copyright Act, 1957 or other applicable law. You grant this waiver in our favour and in the favour of our group companies, affiliates and successors and assigns, whether existing or in future.

 

You waive any rights to prior inspection or approval of any marketing, promotional or any other materials related to any User Content that you post on the Platform. You also waive any and all rights of privacy, publicity, use, license fee or otherwise, or any other rights of a similar nature in connection with your User Content, or any portion thereof.

 

Subject to applicable law, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post, upload, share or display through the Platform.

 

You agree and acknowledge that we have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, of their right to privacy or violation of any law.

 

Our authorized third parties, and we reserve the right to cut, crop, edit, or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, suspend, block or delete any User Content (a) that we consider to violate these Terms, or (b) in response to complaints from other users or third parties, with or without notice to and without any liability towards you. We recommend that you save copies of any User Content that you post to the Platform on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content.

 

You have the right to determine whether User Content is to be uploaded publicly or privately. To restrict access to your User Content, you should visit the privacy setting available within the Platform.

 

We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content or any published by us or by authorized third parties.

 

We reserve the right to disable or terminate the accounts of users who repeatedly infringe copyrights, intellectual property rights of others or violation of law.

 

If you wish to complain about information and materials uploaded by other users please contact us at care.zinglin@ufomoviez.com.

 

VIII. FEEDBACK

 

We appreciate feedback, comments, and suggestions that we receive from the users. If you choose to make any suggestions by sending our employees or us any ideas for improvements, modifications, enhancements, content, refinements, or other materials, you agree that:

 

  1. We are under no obligation to review, consider, or implement your feedback or suggestions, or to return to you all or part of such feedback for any reason;

  2. Your feedback is non-confidential in nature, and we are not under any obligation to keep any feedback/ suggestions confidential or to refrain from using or disclosing it in any way; and

  3. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, communicate to the public, make available, publicly display, and otherwise use and exploit such feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody such feedback/ suggestions, whether in whole or in part, and whether as provided or as modified;

  4.  We are under no obligation to provide you compensation or credit of any kind, for providing such feedback or suggestions.

IX. FORCE MAJEURE

 

We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for, including and not limited to,  any loss or damages caused thereby where the same is occasioned by any cause whatsoever that it beyond our control including but not limited to an act of God, war, civil disturbance, strikes, labour unrest, Governmental or parliamentary restrictions/ quarantine, change of law or any regulations, prohibitions or enactment’s of any kind, embargo, an epidemic or a pandemic, import or export regulations, exchange control regulations, accident, server outage, internet or Platform downtime or interruption.

 

X. INDEMNITY

You undertake to indemnify us and keep indemnified us, including directors, employees, officials, agents, representatives, our parent, holding, subsidiaries, associates, affiliates, agents, representatives, advisors, and including successors and assigns, whether existing or in future, from and against any legal proceedings and including but not limited to any liabilities, costs, claims, damages, losses, expenses (including attorney’s fees), compensation etc., which we may be liable for or incur or suffer, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms including but not limited to, uploading such content that infringes the intellectual property rights of third parties.

.

XI. EXCLUSION OF WARRANTIES

Nothing in these Terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer. You expressly agree that use of the Platform is at your sole risk and consequences. The Platform, its features, services, content, contests, raffles, promotional activities and products (as applicable) are provided on an ‘as is’ basis and we make no warranty or representation to you with respect to them.

 

Notwithstanding anything contained or displayed on the Platform, you agree and acknowledge that we do not represent, recommend, advocate, promote or endorse (directly or indirectly) the sale, use, or supply of any of the products, brands or business interests displayed on the Platform. Further, you agree that we do not make any representations or warranties in relation to the quality, accuracy, or merchantability of the products, brands or business interest listed or provided on the Platform and we are merely facilitator in respect of the promotional activity.

In addition, we do not represent or warrant to you that:

 

  1. Use of the Platform will meet your requirements;

  2. Use of the Platform will be uninterrupted, timely, secure or free from error; 

  3. Any information obtained by you as a result of your use of the Platform will be accurate or reliable; and

  4. Defects in the operation or functionality of any software provided to you as part of the Platform will be corrected.

 

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Platform except to the extent that they are expressly set out in these Terms. Please note that we reserve the right to change, suspend, withdraw or restrict the availability of all or any part of our Platform for business and operational reasons at any time, without notice.

 

XII. LIMITATION OF LIABILITY

 

Please note that the Platform is strictly for domestic and private use and you agree not to use our Platform for any commercial or business purposes.

 

Your use of the Platform is at your own risk. Neither us nor our parent, holding, subsidiaries, associates, affiliates, agents and representatives, or any of their respective officers, directors, employees, representatives, advisors and agents, including successors and assigns, will be liable to you for (a) any loss of profit (whether incurred directly or indirectly); (b) any loss of goodwill or reputation; (c) any loss of opportunity; (d) any loss of data suffered by you; or (e) any special, indirect or consequential losses which may be incurred by you.

Without prejudice to the aforesaid, you agree that the maximum amount payable by us under any circumstances shall not exceed Rs. 100/- (all inclusive).

 

Without prejudice to the foregoing, we shall not be liable for (including without limitation), any loss or damage that may be incurred by you as a result of:

 

  1. reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform;

  2. any changes which we may make to the Platform, or for any permanent or temporary cessation in the provision of the Platform (or any features thereof);

  3. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Platform;

  4. any action or conduct of another user;

  5. your failure to provide us with accurate account information; or

  6. your failure to keep your password or account details secure and confidential.

  7. any malware, virus, trojan or software affecting your device.

 

You agree that these limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

 

You are responsible for any mobile charges that may apply to your use of our Platform, including text-messaging and data charges and these will depend upon your service provider. In case of any doubt, please consult your service provider prior to using the Platform.

 

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Platform, is directly between you and such third party, and you irrevocably release us and our parent, subsidiaries, associates, affiliates, agent and representatives, or any of their respective officers, directors, employees, representatives, advisors and agents, including successors and assigns,  from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

XIII. OTHER TERMS

 

1. APPLICABLE LAW AND JURISDICTION 

 

This Privacy Policy shall be construed, interpreted and governed exclusively by laws of India, without reference to any conflict of laws. You agree that the courts in Mumbai shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Platform.

Subject to the aforesaid, any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration as per the provisions of the Arbitration and Conciliation Act, 1996, and any amended to it from time to time. The venue and seat of such arbitration shall be Mumbai. The Tribunal shall consist of sole arbitrator and the language of the arbitration shall be English. Each party shall bear its own costs and expenses.

 

2. OPEN SOURCE

 

The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Policy.

 

3. ASSIGNMENT:

We have sole and absolute right to assign these Terms and these Terms shall inure to our successors and assigns.

 

4. ENTIRE AGREEMENT

 

These Terms constitute the whole legal agreement and understanding between you and us and govern your use of the Platform and completely replace any prior agreements between you and us in relation to the Platform.

 

5. LINKS

 

You may establish link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Platform in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Use of Platform” above. We reserve the right to withdraw linking permission without notice.

 

6. AGE LIMIT

 

The Platform is only for people who are 18 years of age and more. By using the Platform, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Platform, we will terminate that user’s account.

 

7. NO WAIVER

 

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

 

8. SECURITY

 

We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs to access our Platform. You should use your own virus protection software.

 

9. SEVERABILITY

 

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

 

XIV. GRIEVANCE OFFICER FOR INDIA

A complaint or other issue faced by a user of our Platform may be submitted through email at care.zinglin@ufomoviez.com or by Registered Post A.D. and courier at: “Zinglin”, C/o Zinglin Media Private Limited, Valuable Technopark, Plot No. 53/1, Road No.7, Marol MIDC, Andheri East, Mumbai 400 093, Maharashtra, India. Tel No. +91-022-4030 5060. The complaint should provide: (a) username of the relevant account holder (b) specific content/video that is of concern and (c) reason(s) and supporting document(s) for such a takedown request. However, for copyright infringement please notify immediately using the link of copyright notice with the details as stated therein.

  • Facebook
  • twitter
  • Instagram

Be part of the Zinglin community. Get your Zing on!

© Copyright 2020. All Rights Reserved. Zinglin Media Private Limited.