- Eligibility and Access
- The Service is not available to minors i.e. persons under the age of 18 (eighteen) years or to any users suspended or removed from the Service for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from using or accessing the Platform under the applicable laws of India. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
- The Service is always evolving and the form and nature of the Service may change from time to time without prior notice to you. In addition, the Company may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. The Company also retains the right to create limits on use, storage and features at its sole discretion at any time without prior notice to you.
- In consideration for the Company granting you access to and use of the Services, you agree that the Company and its affiliates, group companies, third party providers and partners may place advertisements on the Service or in connection with the display of Content. The types and extent of advertising on the Platform are subject to change.
- User Account, Passwords and Security
- To use the Service, you will have to register on the Platform by providing certain details about yourself, including your name, email address and such other details as may be required and create an account (“Account”). You may register on the Platform by logging into your Account with your credentials from certain third-party email networks or social networking sites. You confirm that you are the owner of any such third-party account and that you are entitled to disclose your third-party account login information to the Company. You authorize the Company to collect your authentication information, and other information that may be available on or through the third-party account consistent with your applicable settings and instructions. The Company reserves the right to refuse access to the Service to new users or to terminate access granted to existing users at any time without according any reasons for doing so. You shall not have more than one active Account on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.
- You shall ensure and confirm that the Account information provided by you is complete, accurate and up-to-date. If there is any change in the Account information, you shall promptly update your Account information on the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any current or future use of the Service (or any portion thereof) at its discretion, in addition to any right that the Company may have against you at law or in equity, for any misrepresentation of information provided by you.
- You are responsible for maintaining the confidentiality of the Account information, safeguarding the password or credentials that you use to access the Service and for any activities or actions under your Account. You are encouraged to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your Account and with other accounts that you may connect to your Account (such as Facebook, Twitter or your email).
- You agree to (a) immediately notify the Company of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Further, the Company will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account either with or without your knowledge.
- You may be held liable for losses incurred by the Company or any other user of or visitor of the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping Your Account information secure and confidential.
- Acceptable Use
- The Service permits you to upload, post, transmit, store or download Content, connect with other users of the Service, transmit messages or Content personally to other users specifically, or to all users at large. You are permitted to download only Your Content within the Service and cannot and shall not download or store Content shared by other users within the Service or on your device.
- In connection with the use of the Service and Platform, you agree that you will not:
- violate any law, regulation, or court order;
- violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;
- take any action (even if requested by another) that is, or submit, host, post, display, upload, modify, publish, transmit, update, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, harmful, abusive, harassing, threatening, hateful, racially or ethnically objectionable, derogatory, harmful to any reputation, disparaging, defamatory, libelous, pornographic, indecent, profane, obscene, paedophilic or otherwise objectionable (including nudity), blasphemous, invasive of another's privacy, or relating or encouraging money laundering or gambling;
- harms minors in anyway;
- send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
- send communication that deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Platform, including from any user of the Service;
- transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or limit the functionality of any computer resource or related systems;
- stalk, harass, threaten, or harm any third party;
- impersonate any third party;
- participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
- use any means to scrape or crawl any part of the Platform;
- access, tamper with the Content, computer systems, or the technical delivery systems of the Platform or its service providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Content and/or Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided on the Platform (and only pursuant to these Terms);
- attempt to circumvent any technological measure implemented by the Company, any of its service providers, or any other third party (including another user) to protect the Company, the Platform, users or any other third party;
- access the Platform to obtain information to build a similar or competitive application, or service;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used as part of the Platform;
- send communication that 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;
- advocate, encourage, or assist any third party in doing any of the foregoing.
- The quality of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges.
- Users of the Service may upload, post or transmit or otherwise make available content through the Service any content including text, images, photographs, videos, sound recordings and underlying works embodied therein (“Content”). The Service enables you to incorporate certain sound recordings, images etc. as part of the Content. The Content should, at all times, be compliant with the standards set out in section 4 above. Similarly, the Service allows Users to access Content uploaded, posted or transmitted by other Users.
- In the event the Content contains any third party brands, trademarks, logos etc., (“Branded Content”) you are required to procure necessary permissions, licenses directly from such third parties. All Branded Content should be tagged/ uploaded as Content for paid partnerships through the functionality provided by the Platform, failing which the Company shall have the right to takedown the Branded Content or remove third party brands, trademarks, logos etc. from such Branded Content, at its sole discretion.
- Whenever you access or use a feature that allows you to upload or transmit Content through the Service to third party social media platforms or websites you must comply with the standards set out by such third parties as well. When you upload, post or transmit Content to or through the Platform, you grant to the Company a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including third party social media channels, websites or platforms), to reproduce, license, distribute, modify, adapt, publicly perform, publicly display all users to stream and download, create derivative works of and to use the Content and to advertise, market, and promote the Platform. Third parties (including users) may search for and see any Content you submit to public areas of the Platform. Other users may be able to download and share your Content within and outside the Service. You further grant the Company a non-exclusive, royalty-free, universal unlimited license to use your user name, image, voice, and likeness to identify you as the source of any of your Content.
- You represent and warrant that:
- you own all rights in and to your Content and that you have and will continue to have the right to grant the rights described in these Terms;
- your agreement to these Terms does not violate any agreement that you may have with any third party;
- your Content does not and will not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order.
- All Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. The Company will not be responsible or liable for any use or disclosure of Content, including any personal information included in that Content.
- You hereby waive any and all moral rights or “droit moral” that you may have in the Content, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Content. To the extent that any such rights cannot be waived as per laws of India or any other law applicable to You, you agree not to exercise such rights without prior written notice to the Company and then only in accordance with any reasonable instructions that the Company issues in the interest of protecting the its rights.
- Disclaimer regarding Content and Third-Party Interactions
- Any use or reliance on any Content available on the Service is at your own risk.
- The Company acts purely as an "Intermediary" as defined under Information Technology Act, 2000 or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. The Company expressly excludes any kind of liability relating to the Content. Being an “Intermediary”, the Company has no responsibility and / or liability in respect of any Content on the Service, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable laws. All Content, which is hosted and transmitted on the Services, is the sole responsibility of the person who provides, publishes or posts the Content whether on the Service or on other platforms linked to the Service.
- You understand that by using the Service and accessing the Content, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. The views expressed by users on the Service are not controlled by the Company, and do not represent the views or values of the Company. You acknowledge and agree that the Service only facilitates access to the Content and the Company is not obligated to monitor access to or use of the Service by you or third parties. However, should it come to the knowledge of the Company that your use of the Service is in violation of any applicable law or these Terms, then the Company has the right to enforce these Terms, and take such actions it may deem necessary to comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.
- On account of the nature of the internet, the Services may be accessed in various geographical locations; and you hereby agree and acknowledge that you are accessing the Service, at your own risk, choice and initiative and you agree and undertake to ensure that your use of the Service complies with all applicable laws including the local laws of the place where you access the Service from.
- Your interactions with third parties, including users, on or through the Service, is solely between you and the third party and you agree not to make the Company a party to any such disputes. However, the Company may, in its sole discretion, intercede and you will reasonably cooperate with the Company if it does so. You acknowledge and agree that the Company will not be responsible for any damages, losses, costs, expenses, or liabilities incurred as the result of such interactions and you will not make the Company a party to any dispute between you and any third party with whom you interact with on the Service.
- You hereby release the Company, its parent entity(ies), subsidiaries, group companies, affiliates, related companies, and their respective officers, directors, employees, agents, representatives, partners, and licensors (as applicable) (“hereinafter “Company Entities”) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or the Service.
- Subject to clause 13.2, in the event of any dispute between you and any third party with whom you interact on the Service, you may approach the court of appropriate jurisdiction as per applicable laws of India in your place of residence.
- Take Down Policy
- If you believe any Content violates your intellectual property, you must promptly notify the Company in writing at email@example.com.
- These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your Account. You are required to provide the following details in your notice:
- the intellectual property that you believe is being infringed;
- the Content that you think is infringing and include sufficient information about where the material is located on the Platform;
- a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Service;
- your contact details, such as you address, telephone number, and/or email;
- a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed;
- a statement by you 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 the law;
- an undertaking that You shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of 21 (twenty-one) days from the receipt of the take down notice by the Company; and
- your physical or electronic signature.
- The Company reserves the right to remove Content alleged to be infringing without prior notice and at its sole discretion. On appropriate circumstances, the Company may also terminate a user's account if the user is determined to be a repeat infringer.
- License to Use the Service
- The Company gives you a personal, worldwide, royalty-free, limited, non-assignable and non-exclusive license to use the Service and the Platform. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service for your personal and non-commercial use, in the manner permitted by these Terms. You agree not to use the Service for any public performances.
- You may access the Service only in geographic locations within India.
- You agree to use the Service only: (a) for purposes that are permitted by the Terms; and (b) in accordance with applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use or access of the Service by other users.
- You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by the Platform. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Service.
- You agree that you are solely responsible to the Company and to any third party for any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Company or its affiliates may suffer) for any such breach.
- Proprietary Rights of the Company
- Except for the Content, the Company or its licensors own all right, title, and interest in and to: (i) the Platform and the “look and feel” thereof, including all software, ideas, processes, data, text, media, and other content available on the Platform; and (ii) trademarks, logos, and brand elements. All right, title and interest in and to the Platform, the Service and the Company’s trademarks are and will remain the exclusive property of the Company and its licensors and other partners, as the case may be. Save and except for accessing and using the Services as permitted herein, You shall not separately use any portion of the Services or the Platform (such as codes, features, branding, trademark, logos, look and feel, content, etc.) in any manner whatsoever without express written approval from the Company.
- The Company reserves all rights not expressly granted in these Terms. You shall not make any disparaging or derogatory remarks, comments or statements, whether verbal or written, against the Company Entities. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Platform or the Services are entirely voluntary, and the Company will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
- Contests and Promotions
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service are subject to separate contest terms and conditions ("Promotion Terms") and You are requested to read the Promotion Terms as well as these Terms before participating in the same and upon participation it shall be deemed that the participant has read and understood the Promotion Terms.
- Suspension and Termination
- The Terms will continue to apply until terminated by either you or the Company as set forth below. If you object to the Terms or are dissatisfied with the Services, your only recourse is to (i) close your Account; and (ii) stop accessing the Service.
- The Company reserves the right to terminate, discontinue, suspend, limit, or restrict your account or your use of the Services or access to Content at any time, without notice or liability, if the Company so determines in its sole discretion, for any reason whatsoever. Additionally, the Company reserves the right to delist you or block your future access to the Service or suspend or terminate your Account if it believes, in its sole discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
- Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of the Company Entities.
- Availability on "AS-IS" basis
- Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, the Company Entities disclaim all warranties and conditions, whether express or implied, of title, of merchantability, fitness for a particular purpose, or non-infringement.
- All Content is created and published or uploaded by Users. The Company Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis or whether any errors or defects will be corrected.
- No advice or information, whether oral or written, obtained from the Company Entities or through the Service, will create any warranty not expressly made herein. The Company Entities will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Service, either with or without your knowledge.
- The Company shall not be responsible for the delay or inability to use Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform or Service, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Service during periodic maintenance operations or any unplanned suspension of access to Service that may occur due to technical reasons or for any reason beyond the Company’s control.
- You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
There may be links to third-party websites or resources on the Platform. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Limitation of Liability
To the maximum extent permitted by applicable law, the Company Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from (i) your access to or use of or inability to access or use of the Platform or the Service; (ii) any Content on the Platform; or (iii) unauthorized access, use or alteration of your transmissions or content.
- Violation of Terms
You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity. If the Company takes any legal action against you as a result of your violation of these Terms, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
- General Terms
- Waiver and Severability
The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Governing Law and Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. Any disputes arising in relation hereto between you and any Company Entities shall be subject to the exclusive jurisdiction of courts at Bangalore, India.
- Entire Agreement
The Company retains the unconditional right to revise these Terms from time to time, the most current version will always be on the Platform. You can determine when this Terms was last modified by referring to the “Last Updated” legend above. It shall be your responsibility to check this Terms periodically for changes. Your continued use and access of the Service shall signify your acceptance of the amended Terms and your consent to be legally bound by the same.
- Grievance Redressal
- Any complaints arising from the use of the Service may be addressed to the following:
Contact information: Contact@thopla.com
- The Grievance Redressal Officer shall within thirty-six hours of receiving the complaint initiate inquiry into the same and shall endeavor to resolve the complaint promptly, but in any case, within one month from the date of receipt of complaint.