These Terms and Conditions of Use ("Terms and Conditions") govern your use of our "AECearth" web application ("Platform") made available by "Swifterz Creative Services (LLP)", a company registered under the Indian Companies Act 2013.
Our Platform (as we have described below in detail) and these Terms and Conditions are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you use our Platform, you accept and agree to these Terms and Conditions. However, please note that we do not represent that we are compliant with the laws of any country apart from India. If you wish to use our Platform, please ensure that you are permitted to do so, in your jurisdiction.
You are required to follow certain rules while you use our Platform. We have listed these rules in this document. Please read these Terms and Conditions. Please note that by using our Platform, you agree to these Terms and Conditions. Also, if you are using this Platform outside India, please comply with your local laws.
These Terms and Conditions govern your use of our Platform.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Platform, but please let us know by emailing at email@example.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Platform.
By using our Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at firstname.lastname@example.org
3. CONTESTS, SWEEPSTAKES AND PROMOTIONS
Our Platform allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for Content that you post on or through the Platform, including its legality, reliability, and appropriateness.
By posting Content on or through the Platform, You represent and warrant that:
A. Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms and Conditions, and
B. That the posting of your Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
C. You retain any and all of your rights to any Content you submit, post or display on or through the Platform and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Platform. However, by posting Content using the Platform you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform.
D. You agree that this license includes the right for us to make your Content available to other users of the Platform, who may also use your Content subject to these Terms and Conditions.
E. You agree that sharing video content on other social media platforms is completely depending upon your desire & needs and it’s the user responsibility. The platform (AECearth) will not be responsible for this action.
F. AECearth has the right but not the obligation to monitor and edit all Content provided by users. In addition, Content found on or through this Platform are the property of AECearth or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
5. PROHIBITED USES
You may use our Platform only for lawful purposes and in accordance with Terms and Conditions herein.
You agree to not use the Platform:
A. In any way that violates any applicable national or international law or regulation.
B. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
C. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
D. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
E. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
F. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend Company or users of the Platform or expose them to liability.
Additionally, you agree not to:
G. Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
H. Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
I. Use any manual process to monitor or copy any of the material on Platform or for any other unauthorized purpose without our prior written consent.
J. Use any device, software, or routine that interferes with the proper working of the Platform.
K. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
L. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
M. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
N. Otherwise attempt to interfere with the proper working of the Platform.
We may use third-party Service Providers to monitor and analyze the use of our Platform. As on date we have not engaged any such service provider.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
8. DEVICE PROPERTY
We have implemented measures to ensure that our Platform is secure, However, we do not guarantee that our Platform is immune from hacking and virus attacks. You will ensure that you have requisite anti- malware and antivirus software on your mobile device and computer to ensure its safety.
While we do everything we can to secure your use of the Platform, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.
9. CONTENT GUIDELINES
We actively remove content which is not allowed on our Platform and violates our Content Guidelines as well as applicable Indian Laws. If such impermissible Content is brought to our attention, we may proceed to take the impermissible content down or ban user Accounts or both. If in the event you come across any content which violated the present Guidelines, we encourage you to report it. We as a Company, emphasize on the importance of freedom of expression, but in no manner whatsoever do we solicit or support Content that intends to cause discomfort, spread what may be under the ambit and purview of hate speech and abuse, promotes violence and illegal activities or impedes the creator or artist ecosystem on the Platform.
I. Adherence to Applicable Laws
All content, including without limitation, content that is uploaded, posted, commented on, or shared by you on our Platform, must adhere to the laws of India, including without limitation, the Indian Penal Code,1860 and, the Information Technology Act, 2000 along with all rules and amendments made under such laws. We cooperate with legal authorities and follow enforcement mechanisms in cases of breach of applicable laws. Content may not be uploaded, posted, commented on, or shared by you if it threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order. You may not post or engage with content that is insulting to any other nation, incites the commission of any offences or prevents the investigation of offences.
II. Nudity and Pornography
Content which contains the following is prohibited on the Platform and will be considered as a strict violation of these Guidelines:
A. Obscene, sexually explicit, pornographic or nude material or images/videos that expose private parts (sexual organs, female breasts and nipples, buttocks) and/or portray sexual activities;
B. Videos or Images of people in compromising positions or content which portrays sexual actions or fetish or erotic intent or sexual arousal;
C. Sextortion or revenge pornography;
D. Bestiality or zoophilia;
E. Content that exploits or endangers any person (for example, listing of phone numbers, or other personal information aimed at any exploitation or endangerment of a person including for the purposes of encouraging or soliciting prostitution or escort services);
F. Content that is paedophile or related to child pornography (including without limitation, creation, promotion, glorification, transmission or browsing of child pornography); or
G. Content that is indecent, immoral or related to on rape, sexual objectification, non-consensual activities and molestation.
III. Harassment or Bullying
Content which qualifies as a violation of these Guidelines includes, but is not limited to:
A. Posting abusive language or curse words, morphed images, and/or malicious recordings.
B. Objectifying, insulting or harassing someone based on their race, caste, colour, disabilities, religion, sexual preferences and /or making sexual advances or otherwise engaging in sexual misconduct will not be tolerated on this Platform. Similarly, extorting or blackmailing any individual otherwise or on the basis of the abovementioned content is strictly prohibited.
C. If someone blocks you from their account, kindly do not try and contact them from a different account. If a user does not want to engage with you on the Platform, we urge you to respect the same and vice versa.
D. Any image or information of a person that is shared without their consent with an intent to harass, distress or endanger them.
E. False information posted to harass someone for financial gain, or cause any injury to them
F. However, if a matter involves critical discussion and deliberation of such individuals who are featured in the news or tend to have a large public audience, we may allow it subject to the Terms and these Guidelines.
IV. Intellectual Property
We aim to safeguard intellectual property rights and consider violations of such rights as serious misconduct. All content such as literary, musical, dramatic, artistic, sound recordings, cinematographic works, is subject to intellectual property protection.
Posting content on the Platform which is not original and is copied from an individual/organisation who owns the intellectual property rights in such content/works is not allowed. Any content which violates the intellectual property rights of third parties will be taken down and strict action will be taken against users who are repeat defaulters. If you wish to reshare such content from within the Platform, kindly do not remove any attributions, watermarks and original captions which state the authentic source of the content. In addition to this, please take the required permissions and give due credits to your fellow users or any other organisation/individual who own the intellectual property rights in such content by mentioning their name and /or the original source.
Violence includes all content that causes discomfort to our users due to the goriness in the content, such as but not limited to graphical images or videos that glorify violence and suffering, or intends to incite violence, depiction of physical violence or animal cruelty. Content which promotes dangerous and illegal activities, or praises individuals, groups or leaders involved in terrorism, organized violence or criminal activities is strictly prohibited.
Educative or informative content pertaining to violence may be allowed on the Platform. Violent content on the Platform in the form of fictional set-up, martial arts may be permitted subject to these Guidelines.
VI. Hate speech and Propaganda
Content that promotes violent behaviour against an individual or a group of individuals, intends to intimidate, target or demean any particular religion, race, caste, ethnicity, community, nationality, disability (physical or mental), diseases or gender, is prohibited. Any kind of content which produces hatred or has the intention of creating or spreading hatred or hate propaganda along the lines of including, but not limited to religion, caste, ethnicity, community, sexual orientation or gender identity is also not allowed. We do not entertain content that spreads discrimination, intends to justify violence based on the above-mentioned attributes and refers to an individual or a group of individuals as inferior in any sense or with negative connotations.
We urge you to refrain from incendiary commentary and publishing theories or hateful ideologies that may cause outrage to our users and influence them negatively. We may permit such content which intends to raise awareness about these issues or challenge it, subject to clear intention of posting such content on the Platform.
VII. Abuse, Self-Injury or Suicide
We do not permit content that exhibits suicide or such tendencies, triggers self-injury and harm or encourages participation in dangerous activities. Posting any content that relates to physical, mental, sexual, or psychological maltreatment, neglect or abuse of any person, be it that of a child or an adult, is strictly condemned. Content showcasing self-harm, glorifying self-injury or suicide or even stating instructions on how to commit self-harm through any means is not allowed. Further, content that identifies, tags, attacks and negatively targets or makes fun of victims and survivors of psychological/physical maltreatment, abuse, self-injury or domestic abuse or any other form of violence is prohibited.
We allow content that intends to provide support, aid and relief to those undergoing such serious issues. We also allow users to share their experiences which may provide coping mechanisms for those who need help, subject to the intent of posting such content.
VIII. Illegal Activities
We have zero-tolerance for content that advocates or promotes illegal activities. We prohibit content related to organized crime, criminal activities, promotion/sale/use of weapons, firearms and explosives, violence or terrorist activities. Sale of illegal goods or services, regulated goods, drugs and controlled substances, and soliciting or selling of sexual services is strictly forbidden.
We do not permit content that is harassing, harmful, or abusive to children.
Users may not post content that is related to or encourages money laundering or gambling.
Users are not allowed to post content that displays tutorials or instructions or educates the users about illegal and prohibited activities including, but not limited to participating in criminal activities, making bombs or encouraging or doing or trading in drugs. Do not use our Platform to solicit or facilitate any transaction or gift involving such goods and services which are declared illegal by the Government of India
Impersonating another person (such as your family, friends, celebrities, brands or any other individuals/organisations) and distributing false or misleading information on our Platform in order to make personal or financial gain will be considered fraud.
Content that contains computer viruses, malware, or any other computer code designed to restrict the functionality of any computer resource cannot be uploaded on the Platform.
IX. Non-consensual (Personal) Content
Posting or misusing personal content or data or information of another person, including pictures or videos of other people who have not given express consent to such material being posted, is not allowed. Do not post anyone’s personal or intimate photos or videos without their permission or consent. Do not post content that is invasive of anyone’s privacy. We will remove such content.
Revealing someone’s personal data or sensitive personal information, including without limitation: contact information, address, financial information, Aadhar Number, healthcare information, sexual or intimate images and videos, passport information, or threatening someone to reveal or use such information, will be considered as harassment, and such activities are strictly unacceptable.
We aim to combat the spread of misinformation on our Platform. Any kind of content which spreads deliberate misinformation, disinformation, hoaxes or fake propaganda, with the intent to mislead the users or general public at large, is not permitted. We prohibit posting of content that exaggerates an existing piece of news by introducing non-factual elements into it.
We do not allow content on the Platform that misleads users or attempts to create an avenue for fabricating content, or is defamatory, libellous, or attempts to damage someone’s reputation, or hurt their financial or political standing on the basis of incorrect information. We engage third party fact checkers to combat the menace of fake news basis which we proactively warn our users that a piece of content is found to be factually incorrect. We urge you to take the same into consideration and act accordingly.
However, we do not confuse fake news with any satire or parodies. We allow for such content on the Platform provided the content does not mislead other users and the intent behind the same is not to spread false information.
10. PLATFORM SECURITY
When you see any content or activity that violates these Guidelines, please tap or click on the REPORT button. When you report content, we will process and review the content. If we find the content or activity to be unsuitable for our Platform, we will remove it. If you believe any content on the Platform infringes your rights as a copyright holder, you can file a copyright claim by sending an email to email@example.com and the same will be assessed for further review and action. There may be such content on the Platform which you do not like but the same does not violate these Guidelines. In that case, we request you to either unfollow or block such users.
II. Intermediary status and review of content
We are an intermediary as per the applicable laws. We do not control what our user's post, comment, share or say on the Platform and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others even if you access them through our Platform. Our responsibility and liability for anything that happens on our Platform are strictly governed and limited by the laws of India.
We expect you to be responsible for what you post and what you see. If any of our users report your content to be against these Guidelines, we may take enforcement actions as necessary.
III. Grievance officer
AECearth has a Grievance Officer to address your concerns regarding data safety, privacy, and other Platform usage concerns.
You may contact Email: firstname.lastname@example.org
Note : - This email is solely for use by police and investigating agencies. This is not the correct email ID for user-related issues. For all user-related grievances, kindly contact us at email@example.com
IV. Right to Challenge
In case the content you upload or post, or your activity is reported by another user and removed from our Platform, we will notify you of such removal and our reasons for the same. If you believe that your content has been unfairly removed, you may write to us at firstname.lastname@example.org to challenge the removal. We may review the content again and determine if it may be reposted on the Platform.
V. Our actions against violators
We take strict and prompt action against those who violate these Guidelines. If your profile is reported for violating these Guidelines, then your profile may be suspended temporarily. In case of repeated breach of these Guidelines, we may be compelled to terminate your account with us permanently and block you from registering with us.
If required, we will cooperate with legal authorities and law enforcement mechanisms. Please note that we are under no obligation to assist you.
11. INTELLECTUAL PROPERTY
The Platform and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Pepul and its licensors. The Platform is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of AECearth.
12. ERROR REPORTING AND FEEDBACK
You may provide us either directly at email@example.com. or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Platform ("Feedback"). You acknowledge and agree that:
A. you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
B. Company may have development ideas similar to the Feedback;
C. Feedback does not contain confidential information or proprietary information from you or any third party; and
D. Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
E. Our Platform may contain links to third party web sites or services that are not owned or controlled by the Company.
13. LINKS TO OTHER WEBSITES
The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
14. DISCLAIMER OF WARRANTY
These services and the Platform provided by the Company is on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Platform. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the Platform, their content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Platform or the server that makes it available are free of viruses or other harmful components or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
15. LIMITATION OF LIABILITY
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform
The Platform and services are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on the Platform.
You agree to indemnify, defend and hold harmless us, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of:
I. your access to or use of the Platform;
I. any breach by you of your obligations under this Agreement;
III. your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
IV. any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;
V. your negligence or wilful misconduct
This obligation will survive the termination of our Terms.
We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions.
If you wish to terminate your account, you may simply discontinue using our Platform. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
18. GOVERNING LAW
These Terms and Conditions shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without reference to conflict of Law Principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Courts at Chennai, Tamil Nadu, India. Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Platform and supersede and replace any prior agreements we might have had between us regarding the Platform.
19. CHANGES TO SERVICE
We reserve the right to withdraw or amend access to our Platform, and any service or material we provide via the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
20. AMENDMENTS TO TERMS
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.
21. WAIVER AND SEVERABILITY
No waiver by Company of any term or condition set forth in Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
By using the Platform or other services provided by us, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.
23. CONTACT US
Please send your feedback, comments, requests for technical support by email: firstname.lastname@example.org.