For purposes of this Agreement, the term “Content” includes, without limitation, any information, data, text, logos, photographs, video, audio, animations, written posts, text, articles, comments, software, scripts, graphics, themes and interactive features generated, underlying source code, provided or otherwise made accessible on or through the Website, including the User Generated Content as defined hereinafter in Clause 1.2.
- Information about us and the Website
1.1. The Website and its content is owned and operated by Chaaipani Media Private Limited (“Company/we/us/our”). The Company has been incorporated under the Companies Act, 1956 under CIN U74900DL2014PTC263551 having its registered office at 309, MetroPlex East, District Centre, Laxmi Nagar, Delhi, 110092.
1.2. The Website is an online media platform that has the functionality of an online intermediary enabling its users to read, create, submit, post, or display the Content on or through the Website (“User Generated Content”).
- Access to the Website
3.1 Our Website as an intermediary allows users to create and post content to the Website. Any Content which you have publicly posted or published on or through our Website shall be publicly available by default, and your profile information may appear on the Website as the creator thereof.
3.2 If you wish to be a contributor of Content, the Website may require you to create a user account by voluntarily providing your information such as your name, email address etc. or by logging into your account in another service (such as Facebook, Twitter and Google, as the Company may in its discretion determine). You may further voluntarily provide us with additional information such as your date of birth, gender, location, profile picture and friend list. Unless otherwise set out our in this agreement personal information will only be used to operate, maintain and provide you with User Generated Content.
- User Generated Content
4.1 You hereby represent, warrant and covenant to the Company that all User Generated Content authored, submitted or posted by you shall be original content, developed solely by you through necessary research, review of facts and other bona fide means, and shall be of a high quality level in accordance. User Generated Content must not infringe the rights of any third party, including any intellectual property rights, rights of publicity, rights of privacy, rights to payment of royalties and residuals; or result in any tort, injury, damage or harm to any third party.
4.2 While you retain certain inherent rights to the User Generated Content under applicable law, and the Company shall credit you for your contribution to the relevant User Generating Content by identifying you as the author. It is further agreed by you that all User Generated Content generated by you complies with our Community Standards. On complaint by other users or persons we may remove any User Generated Content if it breaches these agreed Community Standards.
4.3 ,By submitting or posting User Content, you grant us an irrevocable, royalty-free, license to use, display, copy, reproduce, delete, add to, prepare derivative works of, publish and distribute any such User Generated Content and all intellectual property rights associated therewith, throughout the world in any media formats, without any obligation to make any payment to you or others or to give you credit for the same.
4.3 Any User Generated Content submitted or posted by you shall undergo a screening process. This process includes review and modifications to the User Content by our in-house editorial team. We may consult and communicate with you in respect of any such modifications required in the User Content submitted or posted by you.
4.4 We may modify or adapt your User Generated Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt it to any requirements or limitations of any networks, devices, services or media.
4.5 You further grant us the right to use your name under the license contained in this clause 4.1 in association with your User Content and the promotion and advertising thereof. You also waive any right to inspect or approve any final version of the User Generated Content.
4.6 Our objective is to constantly identify and seek new channels/avenues to increase our user/readership/audience. In furtherance thereto, from time to time we engage/partner with third party websites to share and republish the User Generated Content. To this effect, you grant us the unconditional right to share the User Generated Content with other third party websites.
5.1 The Website may require you to create a user account by voluntarily providing your information such as your name, email address etc. or by logging in to your account in another service (such as Facebook, Twitter and Google, as the Company may in its discretion determine). You may further voluntarily provide us with additional information as requested from time to time.
5.2 We may also track certain information about you based upon your behaviour on the Website. We use this information for internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on the Website or not), which URL you next go to (whether this URL is on the Website or not), your computer browser information, your IP address, and other information associated with your interaction with the Website.
5.3 We also collect and store personal information provided by you from time to time on the Website. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:
(1) To communicate necessary account and service related information from time to time;
(2) To undertake necessary fraud prevention checks, and comply with the security standards;
(3) To comply with applicable laws, rules and regulations; and
(4) To provide you with information and offers, on updates, on promotions, on related, affiliated or associated service providers and partners that we believe would be of interest to you.
- Where any interaction on the Website involves a third party, information pertaining to you as collected by the Company and is deemed reasonably necessary, may be shared with such third party.
- We may also use your contact information to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for Content improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers.
- Although the Company endeavours to safeguard the confidentiality of your personally identifiable information, you understand and agree that transmissions made by means of the Internet are not absolutely secure. By using the Website, you agree that the Company will have no liability for disclosure of your information due to errors in transmission and/or unauthorized acts of third parties.
- Representations and Warranties of Users
- You represent that all the information provided by you is and shall be true, correct and accurate and you shall inform us of any change/ amendment in such information from time to time.
- Notwithstanding the Company’s right to review any User Generated Content submitted or posted by you from time to time, you shall not seek to host, display, upload, modify, publish, transmit, update or share any User Generated Content that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) infringes any patent trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with friendly states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. This is illustrative and does not include a violation of our community standards. Even otherwise we retain the right to remove information as per discretion and without assigning any reasons.
- You will not misuse your right to the Website by introducing viruses, trojans, worms or other material likely to cause harm to the Website and shall indemnify and keep us indemnified in case any action is initiated against us due to any loss, injury, expenses or liability caused to any other user of the Website or any third party. You shall further not gain any unauthorised access to the Website or on any other source to our Website beyond the present terms of access.
- You shall not: (i) take any action that imposes or may impose (as determined by us at our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website (or other accounts, computer systems or networks connected to the Website); (iv) run any form of auto-responder or “spam” on the Website; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any part of the Website; (vi) harvest or scrape any Content from the Website; or (vi) otherwise take any action in violation of our guidelines and policies and shall keep us indemnified in case any loss, injury, expenses or liability caused to us.
- Our rights in relation to the Website
7.1 We have the right to discontinue or change our Website at any time and shall not be liable for the same.
7.2 We may delete your account or cancel access to the Website for any reason whatsoever, at any time at our discretion. We may also suspend or limit your access to the Website as and when may be considered necessary. For the aforesaid, we will make reasonable efforts to notify you and inform you of such an action and the reasons thereof, in any.
7.4 With reference to Clauses 7.1, 7.2 and 7.3, you agree and understand that we shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the Website.
7.5 We reserve the right to, but do not have any obligation to, (i) remove, refuse to distribute, edit, modify or otherwise manipulate any Content at our sole discretion, at any time, without notice to you or for no reason at all, and (ii) to remove or block any Content from the Website.
- Intellectual Property Rights
8.1 The Website may contain Content specifically provided by us, our partners or other users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
8.2 When you visit our Website, we give you a limited license to access and view Content for informational and personal use.
8.3 You are not permitted to delete or change any copyright symbol, trademark or other proprietary details contained on the Website. You shall not use our information for any other purpose other than for the aforesaid. You agree that any use of the proprietary information displayed on the Website shall infringe our intellectual property rights for which you shall indemnify us.
8.4 We have intellectual property rights in all Content displayed on the Website including graphics, logo, and software that is either owned or licensed to us other than any third party contents which are specifically identified as such. Any infringement of our intellectual property rights shall be governed by the applicable law in India.
8.5 The license to access and use the Website does not include the right to copy or reproduce the information of our Website on any other platform or medium, without our prior written permission.
8.6 Except where otherwise specified, any word, logo or device to which is attached the symbols ™ or ® shall be considered as a registered trademark that is either owned by us or which we have license to use. The right to use the Website does not give a license to use those trademarks in any way.
- Linked Parties /Partners/Partner Media Campaigns
9.1 We are a socially responsible online media platform and this gives us the opportunity to partner with non-governmental organisations, corporate entities etc. to collaborate on specific online media campaigns (“Partner Media Campaigns”) for the purpose of awareness and promotion on various social and economic issues of the country.
9.2 Such Partner Media Campaigns are developed, designed and created by us in partnership with our partners and associates from time to time.
9.3 We do not endorse any views expressed on such Partner Media Campaigns. We are not responsible for any User Generated Content posted on such Partner Media Campaigns where you post such content. You understand that the inclusion of Partner Media Campaigns on the Website is not intended as an endorsement or recommendation of any Content.
- Disclaimers and Limitation of Liability
10.1 You agree and understand that the use of the Website is at your own risk. The Website is being made available to you on an “as is” and “as available” basis without providing any warranties, guaranties or conditions as to the usage being free from any faults, defects, interruptions, errors, viruses or to the accuracy, reliability, availability of any Content. You agree and understand that we shall not be responsible for any interference or damage that may be caused to your computer resource which arises in connection with your access to our Website.
10.2 You also agree and understand that the information displayed on the Website is for information purposes only and does not to amount to any advice.
10.3 To the extent permitted by applicable law, we disclaim our liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records, whether due to breach of contract, negligence, tort or due to other cause of actions.
10.4 Further, in no circumstances shall we be responsible for any loss of profits, goodwill, revenue, consequential, exemplary, punitive damages or any financial or indirect loss arising out of the use of the Website.
10.5 We do not endorse any views expressed on the Website and are merely a platform for users to generate and display relevant Content. As such, we are not responsible for any User Content posted on the Website and do not endorse or subscribe to the views contained in any User Content.
- Governing Law and Dispute Resolution
12.1. Governing Law
- 2. Informal Dispute Resolution
14.1 No partnership or agency
14.2 Specific Performance
14.4 Non-Exclusive Remedies
The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any of us may otherwise have at law or in equity.
Chaaipani is a people’s platform. That means thousands use it daily to share their thoughts and opinions. Which makes it doubly necessary that this should be a safe space for all.
Disagreement that leads to debate is therefore encouraged but shutting down someone because you disagree with them is not. That’s what being a community is about. We act on these community guidelines set out below on any complaint or report by our users.
No personal attacks:
Anything that violates or infringes upon someone else’ rights and attacks them personally for their beliefs and choices will not be accepted. You can attack the argument but not the individual.
Nothing discriminatory in nature:
We have all kinds of people belonging to different faiths, nationalities and all across the gender and sexuality spectrum contributing to our community. And we love ‘em and are proud of all of them. Which also means, no content that is in any way discriminatory in nature towards any community shall be tolerated on the platform. We clarify that as a rights based publication platform and violations that promote discrimination or abuse especially towards any group, community or individual will be taken seriously.
Allegations and rants:
Somethings and some people can really piss one off. And we know that feeling where you just want to vent! But content of this kind seldom leads to meaningful debates. It’s great for personal sharing but here, let’s just stick to substantiated stuff that people can engage with. We urge you to put draw all your opinions reasonably on the basis of factual assertions.
No threats of violence:
C’mon, you know this is wrong. We know context means a lot and so we will keep that in mind, but at no point will anything that suggests violence be put on the platform. Threats of violence here may be against person or group.
If found in contravention of the above:
While chances are that any content that violates the above guidelines will not make it to the platform in the first place as we expect our users to be responsible and comply with these guidlines, in case it does, it will be immediately taken down when it comes to our notice.
Fairness and the freedom of speech and expression are core to Chaaipani’s existence. And we do believe that the best way to counter opposing ideas is to battle ‘em out with more ideas. Censorship is not the solution.
However, while trying our best to implement the above, we do reserve the right to remove any comment or post without prior notice, for reasons, especially to protect the rights of other community members and our services. These are guidelines only and do not place any obligation on us to act a certain way. You are also requested to read through the terms of service which link to these community guidelines.