The terms and conditions for use of the Web Site (“Terms of Service”) is a legal document between Qyuki and the users of the Web Site and describes the terms on which Qyuki offers access to the Web Site and the Services (defined below).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE WEB SITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF SERVICE AND THE OTHER WEB SITE POLICIES AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
Qyuki may modify the Terms of Service at any time at its sole discretion without any notification to You. It is Your responsibility to review the Terms of Service from time to time. You will be deemed to have accepted the Terms of Service as amended, if You continue to access the Web Site after the modifications are posted on the Web Site. In addition to the Terms of Service, and other Web Site Policies, Qyuki may subject Your use of the Web Site to additional terms of service (“Additional Terms”) which may be provided on the Web Site.
1.1 Services: The Terms of Service apply to all users of the Web Site, including users who are also Content contributors, and to the services provided through the Web Site (“Services”).
1.2 Content: means sounds, music, videos, audio-visual combinations, interactive features and other materials You may view on, access through, or contribute to the Web Site.
1.3 Account Information: Registration on the Web Site for all new Users is by invitation only, via email or through social media connects. If You wish to register yourself on the Web Site and avail of the Services that require maintenance of a Qyuki account (“Account”) such as, accessing certain Qyuki premiere content or uploading content on the Web Site, You will be required to furnish to Qyuki certain information and details, including Your name, e-mail id, and any other information deemed necessary by the Web Site (“Account Information”). You shall also be required to upload Your latest piece of work, or provide a link to the same, to Qyuki. Qyuki shall have the sole right and discretion to accept or reject Your registration application. Where Qyuki accepts Your application and You are registered on the Web Site, You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account.
1.4 Account Dos and Don’ts: You agree to abide by the following dos and don’ts for registering and maintaining the security of Your Account.
1.4.1.You will use the Web Site and create and use the Account only if You are a natural person. If You are less than 18 years of age, You will use the Web Site and create and use the Account only if You have parental guidance or You receive consent from Your legal guardian.
1.4.2.You will not create more than one Account for Yourself.
1.4.3.You will not provide any false personal information to Qyuki, or create an Account for anyone other than Yourself without Qyuki’s permission.
1.4.4.You shall ensure that the Account Information is complete, accurate and up-to-date at all times.
1.4.5.You shall not use any other user’s Account Information or log into that user’s Account.
1.4.6.You will not share Your password or do anything that might jeopardize the security of Your Account.
1.4.7.You will not transfer Your Account to anyone.
1.4.8.If You select a username for Your Account, Qyuki reserves the right to remove or reclaim it if Qyuki believes appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
1.4.9.If Qyuki disables Your Account for any reason whatsoever, You will not create another one without Qyuki’s permission.
1.4.10.You will upload only such information and content that you want to share with the public.
1.5 Suspension/ Termination of Account: If You wish to terminate Your Account, You may send an e-mail to Qyuki at email@example.com requesting the same. Similarly, Qyuki may, in its discretion, suspend or terminate Your Account for various reasons including, if:
1.5.1 You violate any of the Account dos or don'ts listed above;
1.5.2 You breach any of the provisions of the Terms of Service or other Web Site policies;
1.5.3 There is prolonged inactivity in Your Account;
1.5.4 You repeatedly upload Content that infringes other people’s intellectual property rights; or
1.5.5 Your subscription payment, if applicable, is overdue by more than 15 days.
1.5.6 Upon termination of Your Account, all rights granted by Qyuki to You to use the Web Site or the Services will automatically terminate and Qyuki shall have no further obligation or liability towards You.
2.1 Qyuki may provide the following Services to its users on subscription basis:
(i) Access to and viewing of Qyuki’s premiere content which may include Qyuki Content (as defined below) and Professionally Created Content (as defined below);
(ii)Provision of mentorship services under specific genres of creative expression;
(iii)Provision for uploading Content for participating in contests and responding to stimuli provided on the Web Site;
(iv) Provision of content/data storage facilities beyond a specified minimum storage limit; and
(v) Any other Services that Qyuki may notify on the Web Site (collectively “Subscription Services”).
2.3 All subscription fees shall be inclusive of the applicable taxes which shall be charged at the rates prevailing at the time of payment of the fees.
2.4 Any default in Your payment obligations with respect to the Subscription Services shall entitle Qyuki to suspend or terminate Your Account.
2.5 You acknowledge that the subscription fees are non-refundable. Qyuki is not required to provide a refund of any fees or amount paid for any reason, and that You will not receive money back for any prepaid fees when the Account is closed, whether such closure is voluntary or involuntary.
3.1 Subject to compliance with the Terms of Service and all other applicable terms and guidelines, Qyuki grants You a non-exclusive, limited privilege to access and use this Web Site and the Services, to upload User Content (defined below) on the Web Site and view User Content and Qyuki Content (defined below) provided thereon, only for personal and non-commercial uses by You, as permitted by these Terms of Service and other policies of Qyuki, as amended from time to time.
3.2 The term “User Content” includes all Content, including all communication and comments made by users and any other information or material uploaded by users on the Web Site. However, User Content does not include Professionally Created Content. “Qyuki Content” means all Content uploaded on the Web Site directly by Qyuki.
3.3 Qyuki requires users to understand the manner in which intellectual property rights vest with respect to User Content and expects users to abide by certain principles laid down here, while uploading User Content on the Web Site.
3.4 Rights in User Content
3.4.1 Uploading User Content to the Web Site amounts to publishing the User Content.
3.4.3 By uploading the User Content to the Web Site You agree that Qyuki shall have the right to distribute/broadcast the User Content online.
3.4.4 Qyuki seeks to provide a platform for, and encourage, original talent and therefore, lays great emphasis on original Content. Accordingly, as a matter of policy, Qyuki requires all User Content uploaded by You to be original Content created by You, which should not be an adaptation of, or incorporate, any third party intellectual property.
3.4.5 All User Content uploaded on the Web Site is made available to You by Qyuki on an ‘AS IS’ basis. Qyuki does not own any rights in any User Content. Accordingly, You retain all ownership rights in the User Content uploaded by You on the Web Site or subsequently uploaded by Qyuki on any third party web site. Qyuki expressly disclaims any and all liability in connection with User Content, whether on the Web Site or otherwise, including all comments provided by users and mentors.
3.4.7 You agree not to circumvent, disable or otherwise interfere with security-related features of the Web Site or features that prevent or restrict use or copying of any User Content provided to You on the Web Site. You agree that Qyuki shall have no liability for, and You agree to defend, indemnify and hold Qyuki harmless against any claims, losses or damages arising out of, or in connection with, Your use of any User Content.
3.4.8 You acknowledge that Qyuki is only an intermediary with respect to all User Content. However, on receiving written notification of alleged infringement of third party intellectual property rights by any User Content, Qyuki may, at its own discretion, remove the allegedly infringing User Content from the Web Site with or without prior notice to You. Please refer to our Report Abuse Policy for the procedure adopted by Qyuki for such take down of allegedly infringing Content.
3.4.9 As the law may or may not recognize certain intellectual property rights in any particular Content, You should consult a lawyer if You want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any intellectual property rights You hold in any User Content, and that Qyuki cannot do so on Your behalf.
3.5 Third Party Intellectual Property
3.5.1 You represent and warrant that while uploading User Content on the Web Site, You shall abide by, and such User Content shall be in conformity with, the requirements of India’s Copyright Act, 1957 and all other applicable legislation. You also represent and warrant that the User Content uploaded by You does not infringe the copyright or other intellectual property rights of third parties.
3.6 Rights in Content uploaded by Qyuki
3.6.1 Unless otherwise notified by Qyuki, You should assume that all Qyuki Content, including all text, graphics, trademarks, logos, stimuli, and other materials made available on the Web Site constitutes material proprietary to Qyuki and is protected by applicable intellectual property laws, and may not be used by You, except as permitted by Qyuki.
3.6.2 You agree and acknowledge that You do not acquire ownership in the Qyuki Content. You shall view the Qyuki Content only by way of streaming or any other functionality provided by the Web Site. You may view Qyuki Content for your personal, non-commercial use only, and strictly in the manner permitted under the Terms of Service.
3.7 Professionally Created Content
3.7.1 Qyuki may, from time to time, conduct contests or may invite users to create and submit Professionally Created Content. The term “Professionally Created Content” means all original Content created and uploaded by users as an entry for a Qyuki contest or as a response to some Qyuki stimuli, etc. All rights in Professionally Created Content will be governed by the Content Guidelines for the respective Qyuki contests or stimuli program under which the Professionally Created Content is submitted. If You wish to upload any Professionally Created Content on the Web Site as part of a Qyuki Contest or as a response of a Qyuki stimulus to which separate Content Guidelines are applicable, You shall be required to provide your express consent to the applicable Content Guidelines, prior to uploading such Content.
4.1 You agree not to use or encourage, or permit others to use, the Web Site to:
4.1.1 Make available any Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libelous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or promotes discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
4.1.2 Intimidate and/or harass another;
4.1.3 Incite others to commit violence;
4.1.4 Harm minors in any way;
4.1.5 Make available any Content in contravention of these Terms of Service or applicable policies, or any Content that You do not have a right to make available under any law or contractual or fiduciary relationship;
4.1.6 Download, save or otherwise transmit, any of the Content available on the Web Site, in any manner, whether by means of current or future technologies;
4.1.7 Make available any material that infringes any intellectual property rights or other proprietary rights of any party;
4.1.8 Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
4.1.9 Do anything unlawful, misleading, malicious, or discriminatory;
4.1.10 Manipulate identifiers to disguise the origin of any of Content posted on, or transmitted through, the Web Site including, falsifying or deleting any author attributions, legal or other notices or labels of the origin of the Content or other material available on the Web Site;
4.1.11 Post anyone’s identification documents or sensitive financial information on the Web Site;
4.1.12 Use any of Qyuki’s domain names as a pseudonymous return email address;
4.1.13 Post or transmit viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Web Site / the Services, interests or rights of other users, use other automated means such as harvesting bots, spiders, scrapers or robots, that may harvest or collect any data or personal information about other users without their consent, impair the functioning of the Web Site or engage in disruptive attacks such as a denial of service attack;
4.1.14 Do anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
4.1.15 Intentionally or unintentionally interfere with or violate any applicable laws related to the access to, or use of, the Web Site, violate any requirements, procedures, policies or regulations of networks connected to the Web Site;
4.1.16 Disrupt or interfere with the security of, or otherwise cause harm to, the Web Site, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Web Site or any affiliated or Linked Sites (defined below);
4.1.17 Circumvent the digital rights management mechanisms used by the Web Site to access, reproduce, store, etc., any Content, in an unauthorized manner and access or attempt to access Content by unauthorized means or use deep links, page scrape, or other automatic or manual devices or program to increase traffic to the Web Site;
4.1.18 Access the Web Site through means other than through the interface that is provided by Qyuki or make the Service available over a network other than Qyuki’s network;
4.1.19 Alter or modify any part of the Services;
4.1.20 Violate any applicable laws or regulations for the time being in force in or outside India including but not limited to the sale, import, export, use etc of illegal substances or gambling or other unlawful activities; or
4.1.21 Violate any of the terms specified under the Terms of Service or Additional Terms, for the use of the Web Site.
4.1.22 Any violation by You of this Section may result in immediate suspension or termination of Your Account without any refund of fees. In addition to the above, if You download, save or transmit by any means, any Content available on the Web Site as provided in clause 5.1.6 above, it may entail civil or criminal penalties or both.
4.1.23 Your use of the Web Site may expose You to materials from others that may affect Your sensibilities. Qyuki provides You with a Report Abuse mechanism, which will enable You to report any such material to Qyuki. However, it is not mandatory for Qyuki to take down all such Content. If Qyuki does not take down such Content, You agree that Your only recourse will be to terminate Your Account with Qyuki. You hereby waive any legal or equitable rights or remedies You have or may have against Qyuki with respect thereto.
4.2 You agree that You, and not Qyuki, are entirely responsible for all of the User Content that You distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services. You assume all risks associated with use of the User Content uploaded by You, including any reliance on its accuracy, originality, completeness or usefulness.
4.3 You agree that Qyuki has the right to impose limits on certain features of the Web Site or restrict Your access to parts or all of the Services without notice or liability. Qyuki makes no commitment, express or implied, to maintain or continue any aspect of the Web Site.
5.1 The Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Qyuki and Qyuki shall not be held responsible for the contents of any Linked Site. The inclusion of any link does not imply endorsement by Qyuki, a warranty by Qyuki of the third party products or services or Qyuki’s association with its operators or owners. You are requested to verify the accuracy of all information on Your own before relying on such information. Any dealings that You may have with such third parties are at Your own risk.
5.2 If You wish to advertise or place any third party advertisements as part of the Content to be uploaded by You on the Web Site, then You would need Qyuki’s prior written consent for such advertising. Qyuki is entitled to charge a certain fee for permitting You to advertise in the manner stated above.
6.1 YOU AGREE THAT YOUR USE OF THE WEB SITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE AND THE SERVICES AND ALL THIRD PARTY CONTENT, INCLUDING ALL USER GENERATED CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING IN THE COURSE OF DEALING OR USAGE OF TRADE. QYUKI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AND THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEB SITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE AND THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE NOT TO HOLD QYUKI LIABLE FOR ANY LOSS SUFFERED BY YOU BASED ON YOUR RELIANCE ON OR USE OF THE WEB SITE, THE SERVICES, OR ANY CONTENT, INCLUDING USER GENERATED CONTENT, OR ANY LOSS THAT MAY ARISE DUE TO DELAYS OR INTERRUPTIONS IN THE DELIVERY OF CONTENT FOR ANY REASON.
6.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QYUKI, OR THROUGH, OR FROM, USE OF THE WEB SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. OTHER WRITTEN OR ORAL STATEMENTS BY QYUKI’S REPRESENTATIVES OR OTHERS DO NOT CONSTITUTE WARRANTIES OF QYUKI.
6.3 To the maximum extent permitted by applicable law, Qyuki provides no warranty on use of third party content and shall not be liable for the same under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Qyuki also disclaims all liability with respect to the misuse, loss, modification or unavailability of any third party content.
6.4 Qyuki shall not be liable for any comments or remarks that are made on Your Content or comment by other users and disclaims all liabilities that may arise as a consequence of such comments or remarks.
7.1 IN NO EVENT SHALL QYUKI, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT QYUKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE WEB SITE, THE SERVICES OR THE CONTENT.
7.2 IN CASE THE LAW PROHIBITS COMPLETE EXCLUSION OF LIABILITY, QYUKI’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO RUPEES FIVE THOUSAND ONLY (RS. 5,000) OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE WEB SITE OR THE SERVICES, WHICHEVER IS LESSER.
8.1 Qyuki respects the intellectual property rights of others, and expects its users to do the same. Therefore, as a matter of policy, Qyuki requires that You upload only original Content created by You. Qyuki may, in its sole discretion, take steps including, by way of terminating Your Account, if You violate others’ intellectual property rights by uploading User Content that is not original.
8.2 Qyuki is the sole owner of the Qyuki (word and logo) marks, service marks, trade name and any other marks used by Qyuki in future (collectively “Trademarks”). You agree not to interfere with Qyuki’s rights in the Trademarks, including challenging Qyuki’s use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of Qyuki.
8.3 All Trademarks, domain name, trade dress including the look, feel and design of the Web Site, its text, graphics, button icons, interfaces, etc., and the selection and arrangements thereof, is the property of Qyuki, unless otherwise indicated. All this content is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by Qyuki.
8.4 All third party trademarks advertised on the Web Site belong solely to the respective third party and Qyuki does not have any rights over such third party trademarks.
8.5 You are requested to report any violation of rights in, or misuse of, the Trademarks, by accessing our Report Abuse section.
8.6 The copyright in the Content made available on the Web Site belongs either to Qyuki or to the respective Content providers, as the case may be. Nothing in this policy grants to any third party a license or assignment of the copyright in such Content.
8.7 Qyuki operates a clear Report Abuse Policy, for claims with respect to infringement of copyright. Please direct all claims with regard to infringement of copyright in the Content to Qyuki’s Copyright Agent / Grievance Officer under the take down mechanism provided.
9.1 You agree to defend, indemnify and hold harmless Qyuki, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Web Site and the Services; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and Your use of the Service.
10.1 These Terms of Service and any action related thereto and the use of the Web Site will be governed by the laws of the Republic of India without regard to, or application of, conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Mumbai, India and You consent to the jurisdiction of such courts and waive any objection as to inconvenient forum.
10.2 Qyuki accepts no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of India. The mere fact that the Web Site can be accessed or used or any facility can be availed of in a country other than India will not imply that Qyuki accedes to the laws of such country.
11.1 Notice: Any notice to be provided to Qyuki should be sent to Qyuki Digital Media Private Limited, Hari Nivas Building, 30th Cross Rd, Bandra West, Mumbai, Maharashtra 400050 INDIA - Attention: General Counsel.
11.2 Entire Agreement: The Terms of Service, along with the other Web Site policies made applicable on the Web Site from time to time, constitute the entire agreement between Qyuki and You with respect to Your access to and use of the Web Site and supersede any prior agreements between You and Qyuki on the subject matter.
11.3 Assignment: You cannot assign or otherwise transfer the Terms of Service, or any right granted hereunder to any third party.
11.4 Severability: If any of these Terms of Service are deemed invalid, void, or for any reason unenforceable, that part of the Terms of Service will be deemed severable and will not affect the validity and enforceability of any remaining Terms of Service.
11.5 Waiver: Any failure by Qyuki to enforce or exercise any provision of the Terms of Service, or any related right, shall not constitute a waiver by Qyuki of that provision or right.
11.6 International Users: The Web Site is controlled and operated by Qyuki from its offices in India. You agree that: (i) the Service shall be deemed solely based in India; and (ii) the use of the Web Site and the Services do not give rise to personal jurisdiction over Qyuki, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to these Terms of Service and all other policies and guidelines provided by Qyuki and to the provision of Services by Qyuki and Your use of the same. Qyuki makes no representation that the Web Site, Services or Content are appropriate or available for use at other locations outside India, and access to the Web Site from jurisdictions where the Services or Content are illegal is prohibited. Qyuki reserves the right to block access to the Web Site by certain international users. If You access the Web Site from a location outside India, You are responsible for compliance with all applicable local laws.
11.7 Relationship: The Terms of Service shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and Qyuki.
Qyuki provides these Terms of Service on the Web Site so that You are aware of the terms that apply to Your use of the Web Site and the Services. You acknowledge that Qyuki has given You a reasonable opportunity to review these Terms of Service and that You have agreed to them.
The information contained on this Web Site is subject to change without notice.
Copyright © 2012-2014, Qyuki Digital Media Private Limited All rights reserved.