WELCOME TO MYYINDIA

MyyIndia.com is owned and operated by MYYTAKE. These Terms of Service apply to your access to and use of MyyIndia.com (the “Site”), and the related services (collectively with the Site and the related services are referred to as the “Services”).

MyyIndia.com encourages you to discover, upload, view and share photos, videos and other content. Services provides a platform for people nationally and internationally to view and upload content, materials, connect, inform and inspire and acts as a platform for original content creators and advertisers.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES OR CLICKING THAT YOU AGREE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

A. LEGAL CONDITIONS

Your use of the Services is expressly conditioned upon your agreement to these Terms of Service. If you do not consent to these Terms of Service, you are not permitted to use any of the Services.

These Terms of Service, Data Privacy Policy (available on MyyIndia.com) together constitute a binding agreement between you and MyyIndia (“Agreement”). The Data Privacy Policy is read with and incorporated into these Terms of Service and collectively govern your use of the Services.

If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Use and Agreement.

By accepting the Agreement, you affirm that you are 18 years of age or above and are fully competent to enter into the Agreement, and to abide by and comply with the Agreement.

B. CONTENT ON THE SERVICES

The Services may enable you to upload and transmit materials, documents, photos and videos to the Site or other portions of the Services and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit photos, videos, text, music, messages, information, comments, labels, tags, descriptions, categorizations or other content or materials (collectively, the “Content”).

Content is the responsibility of the person or entity that provides it to the Services. MyyIndia is under no obligation to host or serve Content. You retain ownership rights, title or interest in your Content. However, you agree to grant certain rights to MyyIndia. By providing Content to the Services, you grant to MyyIndia a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it). MyyIndia may only use that Content in connection with the Services for the purpose of promoting and redistributing part or all of the Services.

The licenses granted by you continue for a commercially reasonable period of time i.e. 36 months and/or as allowed under law after you remove or delete your Content from the Services. You understand and agree, however, that MyyIndia may retain in perpetuity, but not display, distribute, or perform, server copies of your Content that have been removed or deleted.

Removal of Content

You may remove your Content from the Service at any time. If you see any Content which you believe violates any of the guidelines or the applicable law, you can report it to MyyIndia. Please refer to MyyIndia’s Takedown Policy (Clause H) for the same.

If we reasonably believe that any Content may cause harm to MyyIndia, our users, or third parties, MyyIndia reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by MyyIndia in order to comply with certain legal obligations and is not retrievable without a valid court order.

We will normally notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for MyyIndia or our Affiliates; (b) would compromise an investigation or operation of the Services; or (c) would cause harm to any user, other third party, MyyIndia or our Affiliates.

Consequently, MyyIndia encourages you to maintain your own backup of your Content. In other words, MyyIndia is not a backup service. MyyIndia will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.

C. PERMISSIONS AND RESTRICTIONS

You may use the Services as made available to you for your personal and non-commercial use, as long as you comply with the Agreement and applicable law. However, using the Services does not give you ownership of or rights to any aspect of the Services, including user names or any other Content posted by others or by MyyIndia.

The following restrictions apply to your use of the Services. You are not allowed to:

  1. access, copy, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Services or any Content except with prior written permission from MyyIndia and, if applicable, the respective rights holders;
  2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Services (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Services or Content;
  3. access or copy the Services using any manual or automated means including but not limited to robot, spider, crawler, scraper, etc. or interface to access the Services or extract other user’s information;
  4. access or copy the Content using any manual or automated means including but not limited to robot, spider, crawler, scraper, etc. or interface to access the Content or extract other user’s information;
  5. use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  6. attempt to circumvent any content-filtering techniques employed by us, or attempt to access areas or features of the Services that you are not authorized to access.
  7. use or attempt to use another user’s account, username, or password without their permission.
  8. solicit login credentials from another user.
  9. use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  10. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  11. use the Services to view or listen to Content other than for personal, non-commercial use; or
  12. use the Services to sell any advertising, sponsorships, or promotions placed on, around, or within the Services or Content, other than those specifically allowed in writing by MyyIndia.

The following restrictions apply to your submissions, and display of Content on MyyIndia Services. You are not allowed submit, post and display on the Services of MyyIndia:

  1. Content that are defamatory, malicious, obscene, intimidating, unlawful, offensive, discriminatory, harassing or threatening or hate propaganda;
  2. Content that are abusive, harassing, threatening, impersonating or intimidating other MyyIndia users;
  3. Content that promotes violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease;
  4. Content that are threatening or promotes terrorism or violent extremism;
  5. Content that violates any law or regulation;
  6. Content that attempts to target MyyIndia or any of its users/affiliates;
  7. Content that is false or misleading, or promotes or encourages suicide or self-harm;
  8. Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  10. Content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence;
  11. Content that violates any law or contractual or fiduciary relationships or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  12. Content that is sexually explicit, obscene or content which violates privacy rights;
  13. Content containing sensitive personal information;
  14. Content that might disturb the reputation and goodwill of the Services of MyyIndia and its employees/ affiliates/other users.

D. CHANGES TO THE SERVICES

MyyIndia is constantly changing and improving the Services. We may also need to alter or discontinue the Services, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems or for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of MyyIndia. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Services that will have an adverse impact on the use of our Services. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Services, prevent abuse, or comply with legal requirements.

E. ACCOUNT SECURITY

You are solely responsible to maintain the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.

Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any Content contained in public areas of the Services is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.

MyyIndia use commercially reasonable security measures to protect your Content. We cannot, however, guarantee absolute security of your account, your Content or the data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorized parties from illegally accessing the Services or their contents. MyyIndia is not responsible or liable for any third-party access to or use of the Content you post or your data. You agree to immediately notify us of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the data, Content and any other information you provide to us.

F. ACCOUNT SUSPENSION & TERMINATION

You may stop using the Services at any time by unsubscribing and removing your content. MyyIndia may suspend or terminate your use of the Services, your account, or your account’s access to all or part of the Services if you materially or repeatedly breach these Terms of Service and/or acts, deeds and conduct creates liability or harm to any user, other third party, MyyIndia or its directors, stakeholders, Affiliates, etc.

G. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the materials on the Site, other than the user’s Content that you licensed under Clause B of the Terms of Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to MyyIndia, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Site may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to MyyIndia. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the platform are 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. MyyIndia reserves all rights not expressly granted herein to the Site and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Materials 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 Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Site, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

H. TAKEDOWN POLICY

MyyIndia respects the intellectual property and personal rights of others, and we expect you to do the same. MyyIndia’s Terms of Service do not allow posting, sharing, or sending any content that violates or infringes someone else’s personality, copyrights, trademarks or other intellectual property rights.

Copyright
Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea but does not protect underlying ideas or facts.

Copyright Infringement
We do not allow any content that infringes copyright. Any use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation. In some cases, you may be required to provide evidence to prove that you are entitled to use copyrighted content of others.

Removal of Content; Suspension or Termination of Account
Any user content that infringes other person’s copyright may be removed. Your account may be suspended or terminated for multiple copyright violations in connection with your use of the MyyIndia Services, or other violations of the Terms of Service.

Copyright Infringement Notification
If you believe that your copyright-protected work was posted on MyyIndia’s Site, or otherwise hosted by MyyIndia without authorization, you may submit a copyright infringement notification.

The notification must include the following:

a. An email address, physical address and a phone number so that we and the uploader of your work can contact you.

b. A clear and complete description of your work that you believe has been infringed.

c. The URL or other identifying location of the allegedly infringing work.

d. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

e. A statement made under penalty of perjury that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

f. The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.

Submit the above information to us:

By Email: [email protected]; or [email protected]

By Mail: Please submit the above information to our registered office at Block I- 1632, 3rd Floor, Chittaranjan Park, New Delhi, 110019, India.

All information submitted in your copyright infringement notification may be forwarded to the uploader of the content or otherwise made public in any way by MyyIndia or a third party.

Before submitting a notification, please be aware of that intentionally submitting a misleading or fraudulent report may lead to liability for damages.

Copyright Infringement Counter-Notification

If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification.

The counter-notification must include the following:

a. Your contact information, including your full legal name (not that of a company), an email address, a physical address, and a phone number. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship to the uploader.

b. Identify the location, including any URL, of the work that has been removed or disabled.

c. Add the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

d. Your physical or electronic signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your electronic counter-notification.

Submit the above information to us:

By Email: [email protected]; or [email protected]

By Mail: Please submit the above information to our registered office at Block I- 1632, 3rd Floor, Chittaranjan Park, New Delhi, 110019, India.

The counter-notification process may take no less than twenty-one (21) business days to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter-notification to the copyright claimant, including any personal information you provide, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against you.

If we do not receive notice within twenty-one (21) business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed. The decision to re-post any material is at MyyIndia’s sole discretion.

Trademark and Personal Rights

A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.

MyyIndia’s policies prohibit any content that infringes on another person’s trademark or impersonates another person’s name, likeness and persona. Using another person’s trademark in a way that may mislead or confuse people to believe that you are affiliated with the trademark owner may be a violation of our Terms of Service. Further, using another person’s name, likeness and persona may amount to impersonation and may be a violation of our Terms of Service.

However, using another person’s trademark for the purpose of accurately referencing the trademark owner’s products or services, or to compare them to other products or services, or use of another person’s name, likeness and persona to identify the said person is generally not considered a violation of our Terms of Service.

Removal of Content; Suspension or Termination of Account

Any user content that infringes other person’s trademark or personality rights may be removed. Your account may be suspended or terminated for multiple trademark violations in connection with your use of the MyyIndia Site, or other violations of the Terms of Service.

Trademark Infringement/Personality Rights Notification

MyyIndia may investigate reports that are submitted by the trademark holder or their authorized representative or the person being impersonated. You can submit a trademark report to us through Trademark Infringement Report or via email ([email protected]), by providing the following information:

a. Your contact information, including your full name, physical address, email address and a phone number. Please note that we may provide your information and details of your report to the person who posted the content or owns the account you are reporting. This person may contact you with the information you provide.

b. Your relationship to the trademark owner or the person impersonated.

c. A clear and complete description of your trademark that you believe has been infringed, including the jurisdiction of registration, registration number, trademarked goods and services class.

d. A scan of trademark registration certificate or a direct link (URL) to your trademark record.

e. Information about the allegedly infringing content, including the URL or other identifying location of the allegedly infringing content, and a description of how the content has been infringing your trademark or personality rights.

f. A statement that you have a good faith belief that use of the trademark described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law or the person whose personal rights have been allegedly violated.

g. A statement made under penalty of perjury that the above information is accurate, and that you are the trademark owner or are authorized to act on behalf of the owner.

h. The physical or electronic signature of the trademark owner or an authorized representative of the trademark owner or the person whose personal rights have been allegedly violated.

i. If we remove content in response to a report of trademark infringement or violation of personality rights, we may notify the person you reported to inform them the content was removed. We may also provide them with your contact information, including your email address and the name of the trademark owner, and/or details of your report.

General Note

As a MyyIndia user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.

If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that MyyIndia is not in a position to adjudicate disputes between third parties and may not be able to remove the content or suspend the account you reported for infringement or violation. As an alternative, you may want to contact the person who posted the content or owns the account to try to resolve your issue directly.

I. WARRANTY DISCLAIMER

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND MYYINDIA DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICES.
MYYINDIA DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM MYYINDIA OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYYINDIA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOS OR VIDEOS. MYYINDIA ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.

J. LIMITATION OF LIABILITY

IN NO EVENT WILL MYYINDIA OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM MYYINDIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MYYINDIA’s RECORDS, PROGRAMS OR SERVICES OR PRODUCTS.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF MYYINDIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO MYYINDIA FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES.

K. INDEMNITY

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless MyyIndia, its affiliates, directors, officers, shareholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to your access to or use of the Services and/or your content and/or your breach of terms of the Agreement.

L. ASSIGNMENT

The Agreement including these Terms of Services are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Services without MyyIndia’s prior written consent. MyyIndia will be permitted to assign its rights under these Terms of Services at its sole discretion.

M. THIRD-PARTY LINKS

The Services may contain links to third-party websites and online services that are not owned or controlled by MyyIndia. We have no control over, and assumes no responsibility for, such websites and online services.

N. MODIFICATION OF THE AGREEMENT

MyyIndia reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Service, Data Privacy Policy and any other terms, policies, at any time at its sole discretion by providing notice that the Terms of Service have been modified. Such notice may be provided by sending an email, or by posting a notice on the Site, or by posting the revised Terms of Service on the Site and revising the date at the bottom of these Terms of Service or by such other form of notice as determined by MyyIndia. Your use of the Services or your purchase of new Services following the posting of the revised Terms of Services or other notice will constitute your acceptance of such changes or modifications. Otherwise, any changes or modifications will be effective within thirty (30) days of the posting of the revisions on the Site unless you notify MyyIndia within such thirty (30) days that you do not agree to the changes and stop using the Services. Therefore, you should review these Terms of Services whenever you access the MyyIndia Services and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to your use of the Services.

O. SEVERANCE

If any particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

P. NO WAIVER

If you fail to comply with this Agreement and no immediate action is taken by MyyIndia, this does not mean that MyyIndia is giving up any rights that it may have such as the right to take action in the future.

Q. GOVERNING LAW

This Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of India. The courts at New Delhi, India shall entertain all disputes arising out of or relating to Agreement including these Terms of Service, Data Privacy Policy and other policies etc. of MyyIndia, regardless of conflict of laws rules. These disputes will be resolved exclusively in the courts at New Delhi, India and you have consented to exclusive jurisdiction of courts at New Delhi, India.

R. SURVIVAL

The Terms of Service which by their nature are intended to survive termination or expiration of Services including, but not limited to, Indemnification, Warranty Disclaimer, Governing Law and the Limitation of Liability will survive any expiration or termination of the Agreement.

DATED: 22.04.2020.