By visiting and accessing our Site (as defined below) you are consenting, agreeing and undertaking to be bound by the following legal and binding agreement between you, the user (“User”) of the Services (as defined below), and U Digital Content Private Limited, a company incorporated under the provisions of the Companies Act, 1956 and 2013 as applicable, having its registered office at 893, Notan Chambers, Unit No 702 & 801, Turner Road, Bandra West, Mumbai 400 050 (“UD”) setting out the terms and conditions governing your use (“Terms” or “Terms and Conditions”) of the Site. If you do not agree to the Terms and Conditions, you are not entitled to avail of / use the Services and any use thereafter shall be unauthorized.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act”), the rules framed there under and applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
UD provides an online website videosoverflow.com (“Site”) as an interactive digital platform for its viewers and any associated mobile sites, applications (“Apps”) to inter alia view articles, videos, images etc. and listen to podcasts etc. on the Site and any other features, tools, applications, materials, or other services offered from time to time by UD (“Content”) in connection with its business, provided on the Site (collectively with Content, referred to as “Services”). Content will made available to the User through different modes, including via video on demand basis for viewing at the User’s discretion . Please note that the availability of, and User’s ability to access the Site, the Content or some part of Services, is subject to UD’s sole discretion and not all Content or Services will be available to all Users.
Acceptance of Terms
The User hereby agrees and acknowledges that he/she is accessing this Site and availing of the Services, at his/her own risk, choice and initiative and the User agrees and undertakes to ensure that use of the Site and the Services complies with all applicable laws including the local laws in the User’s jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc. The User agrees and acknowledges that UD may monitor or use certain technologies including logging of the User’s IP address to ascertain and verify the User’s geographical location. To facilitate the User’s viewership and access, the Services have been packaged by UD through different models. Content or Services may be accessible free of charge which may include advertisements or commercials or via subscription or a pay-per-view model with or without advertisements/commercials or with a combination of the foregoing on the Site or via an application accessible on the User’s mobile phones, tablets and/or other IP based connected devices. Please see details on the Site and the particular Content viewed. Subject to compatibility and connectivity, the User may be able to access the Services including Content through mobile phones, tablets and other IP based connected devices.
Compliance of Terms
Participation in any contest and or game on the Site conducted by UD or viewing of certain Content may be subject to further terms and conditions as may be notified by UD from time to time on the Site or otherwise.
When the User avails the Services or sends any data, information or communication to UD, the User agrees and understands that he/she is communicating with UD through electronic records and the User consents to receive communications via electronic records from UD periodically and as and when required. UD will communicate with the User by email or any push or other message or electronic records on the email address and or mobile number available with UD which will be deemed adequate service of notice / electronic record.
The Content contained in the Services including but not limited to on the Site is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of UD.
Access and Use of the Services
Upon acceptance of these Terms, UD grants the User a non-exclusive limited, revocable, permission to use the Services on the Site for personal, non-commercial purposes during the period of such use for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions.
By agreeing to use/avail the Services, the User:
• Agrees to get periodic SMS alerts and newsletters.
• Agrees to to complete a registration process and establish an account with UD. User represents and warrants that all information provided by him/her (“Registration Data”) is current, accurate, and complete, and that he/she will maintain the accuracy and completeness of this information on a prompt, timely basis
• Agrees that UD has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to the User in such an event.
• Agrees that UD shall be under no liability whatsoever to the User in the event of non-availability of the Services, Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of UD.
• Acknowledges and agrees not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary right under applicable law.
• Agrees not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
• Agrees that UD and/or its affiliates or licensors owns and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity, and that the Content accessed by the User and viewed as part of the Services is owned or controlled by UD, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
• Except as set out in these Terms (or otherwise expressly provided by UD), the User may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. The User further agrees not to use the Services to:
– Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
– Harass or harm another person;
– Exploit or endanger a minor;
– Impersonate or attempt to impersonate any person or entity;
– Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
– Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Site, the application for accessing the Content, or the Services;
– Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including UD’s servers, networks or accounts;
– Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
– Delete or revise any information provided by or pertaining to any other user of the Services.
• Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Site;
– Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If the User does so, he/she acknowledges that he/she will have caused substantial harm to UD, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, the User agrees to pay UD, INR 500 (Indian Rupees Five Hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that UD may have against the User in law or equity;
– Solicit, collect or request any personal information for commercial or unlawful purposes;
– Post, upload or otherwise transmit an image or video of another person without that person’s consent;
– Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without UD’s prior written consent;
– Use technology or other means to access, index, frame, or link to the Site (including the Content) that is not authorized by UD;
– Access the Site/application/Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
– Use the Services to advertise or promote competing services;
– Use the Services in a manner inconsistent with any and all applicable law;
– Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
• The User is responsible for the security and proper use of his/her unique user ID and password entered by him/her while registering on the Site and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorized people.
• User agrees that his/her use of the Services and the Content may give him/her the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms and Conditions. User agrees that he/she will not misuse the Content and/or other user material accessed and viewed as part of the Service, including without limitation, download/store the Content by illegal/non-permitted means, or infringe any of UD’s/ or its licensor’s copyright, trademark design, patent, and other intellectual property including any rights of UD or its licensors subsisting in the Content. User further agrees that he/she will not copy/record/edit/modify any of the Content accessed and viewed as part of the Service, for any purpose, and/or copy/record/edit/modify any Content including video, images etc., by using any means including software, spyware, etc., for any purpose whatsoever.
• User further agrees that he/she shall not post, publish, transfer, upload, transmit or submit any of the Content, including without limitation videos, images, comments, User Material (defined below) or articles, of the Site on any other website, webpage or software, whatsoever which is not owned by UD.
• User understands that when using the Services, he/she could be exposed to Content from a variety of sources, and that UD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. User further understands and acknowledges that he/she may be exposed to Content that could be adult, inaccurate, offensive, indecent, or objectionable, and User agrees to waive, and hereby does waive, any legal or equitable rights or remedies he/she has or may have against UD with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless UD, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to his/her use of the Services.
In case the Site allows User to download or stream any of the Content therein, User agrees that he/she will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of UD or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.
User may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) only reviews or comments (collectively, ” User Material”). As it concerns User Material, without prejudice to his/her obligation to otherwise comply with applicable laws during the course of using the Services, User agrees to comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services.
User agrees that UD shall have the right but have not the obligation, to monitor, restrict and remove User Material in its sole discretion. User acknowledges that UD reserves the right to investigate and take appropriate legal action against anyone who, in UD’s sole discretion, violates these Terms, including, but not limited to, terminating their account and/or reporting such User Material, conduct, or activity, to law enforcement authorities. In addition to the restrictions set forth above, User agrees to adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:
(a) belongs to another person and to which User does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) harms minors in any way;
(d) infringes any patent, trademark, design, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, 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. User also represents and warrants that the Posting of User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
User acknowledges that the User Material is not confidential and that he/she has no expectation of privacy in it.
By posting the User Material, User grants UD a license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material worldwide, including on or through any property, in perpetuity, in any media formats and on any platform now known or hereinafter created. The license granted hereby to UD is non-exclusive, royalty-free, irrevocable, and sub licensable. Additionally, UD is free to use any ideas, concepts, know-how, or techniques contained within such User Material for any purpose, including, but not limited to, developing, manufacturing, marketing, and providing commercial products and services, including the Services. UD’s use of such User Material shall not require any further notice of attribution to the User and such use shall be without requirement of any permission from or any payment to the User or any other person or entity. User hereby agrees and confirms that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to this license.
In no event does UD assume any responsibility or liability whatsoever for any User Material, and User agrees to waive any legal or equitable rights or remedies that he/she may have against UD with respect to such User Material.
If User has any complaints relating to any third party User Material uploaded on the Site, then the User may contact: email@example.com. The User’s email must bear his/her digital signature or a signed written complaint, should include the following information:
I.Details of the objectionable User Material;
II.Details of the basis of the objection;
III.What relief is being requested;
IV.All other relevant information required by UD to assess the complaint.
Linked Destinations and Advertising
Part of this Site/Service could contain advertising and other material submitted to UD by third parties and/or links to third party sites and third party content. Although display of advertisements on the Site on request is subject to UD’s terms and conditions, UD expressly disclaims any liability arising out of the usage or viewing of these products or services advertised on the Site or the (third party) content made available / hosted on the third party sites. Any dealings of the User with advertisers found while using the Services are between the User and the advertiser, and the User agrees that UD is not liable for any loss or claim that the User may have against an advertiser.
User agrees and acknowledges that UD does not endorse or sponsor such third party sites, content, advertising or other material. This Site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of UD, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction applies with respect to contents of this Site. While using this Site for information purposes or otherwise, users acknowledge and accept the above disclaimer.
UD is not responsible for the content or practices of any website or destination other than the Site, even if it links to the Site and even if the website or destination is operated by a company affiliated or otherwise connected with UD. By using the Services, the User acknowledges and agrees that UD is not responsible or liable to him/her for any content or other materials hosted and served from any website or destination other than the Site.
User assumes all risk of errors and/or omissions in_the Site, including the transmission or translation of information. The User also assumes full responsibility for implementing sufficient procedures and checks to satisfy his/her requirements for the accuracy and suitability of the Site, including the information, and for maintaining any means, which User may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under these Terms.
If the User has any questions, complaints or claims with respect to the Site and/or Services, then such correspondence should be directed to the address as given below.
Disclaimer of Warranties
User agrees that use of the Services and the access to the Site is at his/her own risk. The Services and any other materials contained on or provided through the Site are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, UD does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
Limitation of Liability
UD, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the User’s access to the Site and use of the Services including, but not limited to, any errors or omissions in the Services, or any loss or damage of any kind incurred as a result of the use of the same, even if advised of their possibility. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, UD’s liability shall be limited to the extent permitted by law.
User agrees to defend, indemnify and hold harmless UD, its affiliates, 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 attorneys’ fees) arising from his/her: (i) use of and access to the Services; (ii) violation of these Terms; (iii) violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) breach of any applicable laws; and (v) unauthorized, improper, illegal or wrongful use of his/her registered account on the Site by any person, including a third party, whether or not authorized or permitted by the User. This indemnification obligation will survive the expiry or termination of these Terms and the User’s use of the Services.
Suspension or Termination of Services
Governing Law and Jurisdiction
The relationship between User and UD and these Terms are governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of the User’s use of the Services. Notwithstanding the foregoing, User agrees that (i) UD has the right to bring any proceedings before any court/forum of competent jurisdiction and User irrevocably submits to the jurisdiction of such courts or forum and (ii) any proceeding brought by the User shall be exclusively before the courts at Mumbai, India.
If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions hereof, and the remaining provisions given full force and effect.
User acknowledges that his/her representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.