TERMS AND CONDITIONS OF USE

These terms and conditions of use (“Terms”) along with privacy policy (“Privacy Policy”), and content regulation policy (“Content Policy”) forms a legally binding agreement (“Agreement”) between You and us, Lajme Media Pvt. Ltd, which is the owner of the website/app Gelos.in (“Gelos”, “Our”, “We”, “Us”, “Our”).

Hence, We insist that You read these Terms and Privacy Policy and let Us know at info@gelos.in if You have any questions regarding the same. We will try Our best to answer Your queries.

User Agreement

For the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize GELOS services, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number. GELOS may add to or change or update these Terms of Use, from time to time entirely at its own discretion.

A. DEFINITIONS AND INTERPRETATION

1. Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:

(a) “App” means the mobile platform downloadable from Google Play/App Store and owned by Us, including any updates thereof.

(b) “Google Play” means the service provided by Google Ireland Limited, a third-party Person, and/or its affiliates, which You may use to download the App.

(c) “Google Play Terms of Service” means terms of service that apply to the use of Google Play and available at https://play.google.com/about/play-terms.html.

(d) “AppStore” means the service provided by Apple Inc. and/or its affiliates, a third party, through which You may use in order to download the App.

(e) “AppStore Terms and Conditions” means terms and conditions that apply to the use of AppStore platform and as available at https://www.apple.com/legal/internet-services/itunes/us/terms.html.

(f) “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, , trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.

(g) “Sponsored Content” means content distinct from other regular editorial content displayed on the App /website, in the form of audio, video, text and/or image media which supports a third party Person’s brand message or views that is readily identifiable upfront through distinct and distinguishable font, colour, display schemes and/or usage of disclaiming words other than those used for regular editorial content (such as Ad”, “Powered by”, “Sponsored by”, “With”, Advertorial” and such other phrase of like meaning).

(h) “Sponsored Content Partner” means a User engaged with Us for display of Sponsored Content on the App /website.

(i) “User” or “You” or “Your” refers to any Person who has accepted this Agreement to download and/or use the App /website.

2. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for. Headings and captions are used for convenience only and not for interpretation of the Agreement.

3. Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.

B. USERS’ APPROVAL

1. Users approve of and accept this Agreement by:

(a) downloading and/or installing the App/website on Your device; or (b) accessing or using the App/website or any of the content available within the App/website from any device; or

2. Users may accept this Agreement only if:

(a) such User is a natural Person, is of the legal age, eligibility and mental capacity to form a binding contract with Us.

(b) such User is a juristic Person, is lawfully existing and has all the authorizations, permits and allowances to enter into this Agreement and form a binding contract.

(c) such User is not legally barred or restricted from using the App /website.

3. You understand that We want You to not use the App/website if You do not understand, approve of or accept all the terms specified in this Agreement. Hence, You are requested to read these Terms and Privacy Policy carefully and understand the Agreement before You accept it and agree to be bound by it.

4. The Agreement shall govern the relationship of each User with Us. However, We may also execute separate written agreements with any User. In case of conflict between terms of such separate written agreement and this Agreement, the terms of the separate written agreement shall prevail.

C. PROVISION OF THE APP/ Website

1. The App/ website is designed to provide You an in-app /website browsing experience through an embedded browser. The App/website is per se a platform which hosts videos by Third Parties, including You. The App /website does not host, display or transmit any content owned by third parties on its servers, unless We either have a license to host, display or transmit over such content or are otherwise permitted under the applicable law, to do the same. When You create and share or play a video, You agree and acknowledge that the App/website does not create and/or broadcast any content on its own accord and We are not responsible or liable for the content or accuracy of the video that may be accessed by You through the App/website.

2. Gelos endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. By using the facility of review/rating and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site. You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site or App, or other user’s ability to engage in real time exchanges.

3. The App/website may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, prohibited, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.

4. You agree and acknowledge that We may, pursuant to Our engagement with certain Sponsored Content Partners, place certain Sponsored Content on, about, or in conjunction with the other content within the App. The manner, mode and extent of display of such Sponsored Content is subject to change without a specific notice to You. We don’t promise to but will try Our best to give You a prior notice in this regard.

5. In order to provide the App to You, We may request You to register and/or provide information about yourself. We trust that any information provided by You will always be true, accurate, complete and updated. The content displayed on the App is for Your non-commercial and personal use. However, Sponsored Content Partners may use the App to display their respective Sponsored Content for commercial purposes. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the App/website.

6. We may stop provision of the App/website (or any part of the App/website), permanently or temporarily, to You or may modify or change the nature of the App/website and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the App/website following any such modification constitutes Your deemed acceptance to be bound by the Agreement (or as it may be modified).

7. Gelos reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site. You agree that You are responsible for all data charges You incur through use of the App/website.

D. YOUR AGREEMENT WITH US

1. For any content you create using the App/website, You grant Us a limited, non-exclusive, transferable, assignable license to use the same in accordance with the terms and conditions, privacy policy, community guidelines, any other policy of Us and any agreement executed by You and Us, and such a license will include a right to sub-license.

2. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images. Gelos accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of Gelos and you agree to grant/assign to Gelos, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”.

3. A violation of this Agreement may result in a legal liability upon You and that nothing in this Agreement should be construed to confer any rights to any third party or Person. You are responsible for Your content, conduct and activities while using the App/website, and for any consequences thereof.

4. If any provision of the Agreement is found to be unenforceable under the applicable law, it will not affect the enforceability of the other provisions of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

5. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

6. We may choose to not act with respect to a breach of this Agreement by You or others, but this does not mean that We cannot act with respect to subsequent or similar breaches. Our intended or unintended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.

E. USING THE APP/Website

1. You will download and install the App from Google Play for using it or type the webpage address in the browser. You will also download and update the relevant latest versions of the App and any relevant updates provided by Us to avail continued access to the App.

2. Please note that you are currently using a beta version of the App/website. We are constantly evolving in order to bring the best possible content and information to You. You acknowledge and agree that You are a beta-testing user and we reserve the right to modify/alter any or all products or services available on the App/website at any time without notice. Any feedback, comments, or suggestions You may provide about the App/website is entirely voluntary, and We shall be free to use such feedback, comments or suggestions as We see fit and without any obligation to you.

3. You agree that we may provide notice to you of the availability of any upgrades or updates to the App and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the App, or portions thereof (including upgrades or updates designed to correct issues with the App). Any updates or upgrades to the App may be accompanied with corresponding revisions to these Terms.

4. Notwithstanding anything else contained herein, You may use the App/website for display of videos or Sponsored Content as either a User or as a Sponsored Content Partner only upon a written approval from Us in this regard. Please write to Us at info@gelos.in for more information on engaging with us as a Sponsored Content Partner.

5. While the App/website is available to You free of cost, We may amend these Terms and impose a cost on the App/website in future. We may at our sole discretion choose to provide You with a prior notice in this regard.

(a) You will use the App/website only for such purposes as is permitted by this Agreement; and

(b) if User is a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is resident or from where User uses the App/website; or

(c) if User is a juristic Person, any law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principle office or from where User use the App/website.

6. For Your use of the App/website, We grant You a limited, non-exclusive, non-transferable right to install and use the App/website on Your android/IOS devices. However, You shall not copy the App/website or any of its components, except for the purpose of making a single archival back up copy.

7. We also grant You a non-exclusive, non-transferable license to access such content on the App/website which is owned by Us. For using any content owned by a third party Person, You still require a license from such third party Person, We don’t license such content to You and Your use of content owned by a third party Person is governed by applicable terms and conditions prescribed by such third party Person.

F. Sharing of Personal Information

1. Gelos is designed to help you find the most relevant search result. In order to do this, Gelos requires the use of such information including, but not limited to, your email, password and or other information that was used while Signing Up with the services. Gelos offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+.

2. Gelos uses its own Sign Up process apart from Facebook Connect, Google+, and other such platforms as a medium for signing up. The user data collected by Gelos shall only be through the above mediums which will be provided by the intended user by themselves or through their Facebook or Google+ profile, no other data shall be collected/used by Gelos apart from those that was permitted during Sign Up process.

3. However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and Gelos bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.

4. For certain services such as commenting, liking, messaging, chatting, posting videos on the App/website, sharing the platform videos on other social platforms, email, personal web pages, contests and shopping, signing up by the visitor is required. To sign up for these services you have to open an account by completing the signing up process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. By Signing Up, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each sign up is for a single individual user only. To access these services, you will be asked to enter your individual Email Address and Password, as chosen by you during your signing up. Therefore, we do not permit any of the following:-

  • Any other person sharing your account and Password;
  • Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Gelos as users of the Site; or
  • Access through a single account and Password being made available to multiple users on a network.

5. If Gelos reasonably believe that an account and Password is being used / misused in any manner, Gelos shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

6. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Gelos immediately of any unauthorized use of your account or any other breach of security. Gelos will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by Gelos or another party due to someone else using your account or password.

G. Use of Profile Data

1. We may use the personal information to provide the services you request. However, to the extent we use your personal information to market to you, we will also provide you the ability to opt-out of such uses. The personal information shall be used by us to resolve disputes; troubleshoot problems; help/promote a safe service; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. In our efforts to continually improve our products and services, we collect and analyze demographic and profile data about our users’ activity on our mobile application.

2. We may occasionally ask you to engage in factual or interest based surveys. These surveys may ask you for more information around your interest and demographic information. The data so collected through surveys is solely to enhance your experience in the usage of the mobile application, providing you with content that we think you might be interested in, and to display content according to your preferences. It is however clarified that, filling in of such surveys is optional.

H. Location Sharing

1. Gelos is about recommending you the most relevant search results in the places around you and your city and in order to do that we would need to know your location. Whenever you open and interact with Gelos app or visit www.Gelos.co.in on your mobile, we use the location information from your mobile device or browser (latitude and longitude) to customize the experience around your location (i.e., showing you recommended places to eat, club or watch a movie nearby). Your location information is NEVER shared with others. Gelos mobile app also allows you to select a locality of your choice or let the app determine your current location by tapping on your location name on Location Change screen. It allows us to tell you where the recommendations are based on the location that is determined by the device or your selection.

I. RESTRICTIONS ON YOUR USE

1. You will only upload content on the App/website that you are lawfully entitled to under the terms of applicable law and duly authorized to by all relevant persons.

2. You will not use the App/website, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or violates the rights of any third party.

3. You will not access (or attempt to access) the App/website and/or the content provided through the App/website by any means other than through the App/website, unless You have been specifically allowed to do so in a separate written agreement with Us.

4. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App/website or any component or content thereof, available to third parties.

5. You will not circumvent or disable any digital rights management, usage rules, or other security features of App/website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the App/Website; and not use the App/Website in a manner that threatens the integrity, performance, or availability of the App/Website.

6. You hereby agree and assure Gelos that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Mobile/Service:

  • post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
  • delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
  • not use the Site / Mobile / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Gelos / Gelos’s server, or the network(s), computer systems / resource connected to any Gelos’s server, or interfere with any other party’s use and enjoyment of the Site/Mobile/Service;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Mobile/Service;
  • engage in any activity that causes / may harm minors; or
  • perform any activity which is likely to cause such harm;
  • impersonate any person or entity, including, but not limited to, Gelos’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • take any action which encourages or consists of any threat of harm of any kind to any person or property;
  • carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
  • use the Site/Mobile/Service for illegal purposes;
  • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Gelos’s website or mobile apps.
  • transmit through the Site or Mobile apps, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
  • collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
  • engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, duplicative messages or any other form of solicitation.
  • encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
  • make any representation or warranty on behalf of Gelos.

7. You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.

8. You will not use the App/Website to host, display, upload, modify, publish, transmit, update or share any content that —

(a) belongs to another person and to which the 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 whatever;

(c) harm minors in any way;

(d) infringes any patent, trademark, 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) impersonate 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; and threatens the unity, integrity, defence, security or sovereignty of India/Singapore, 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.

J. REPORTING VIOLATIONS AND CONTENT TAKEDOWN

1. If You find any content on the App/Website which falls under any of the prohibited categories of content listed in section I (8) above, You can inform us of such a violation of these Terms by writing to Us info@gelos.in with (a) a screenshot or sharing the link of the infringing post; and (b) Your reasons for objecting to such content.

2. Your reports of violation of these Terms will be received and processed within reasonable time by Our Content Moderation Team.

3. We will respond to Your reports of violations within as soon as possible by (a) Taking down such violating content; or {b) Suspension/blocking of the violating user’s account; or (c) Termination of the violating users’ access to the App/Website. Our Content Moderation Team’s assessment of any complaints relating to content shared on the App/Website will be limited to whether such content violates these Terms or Our own internal policies and guidelines. Such a decision will be final and binding as regards content on the App/Website. We do not undertake any legal analysis or judgement on the nature of reported content.

4. If You have any objections against any action taken by Us pursuant to clause J(3) above, You can inform us of Your reasons for such objections by writing to Us info@gelos.in.

5. We will review Your objections, and reserve the right to modify/retain our decision on any complaint against content shared on the App/Website.

K. TERMINATION

1. Your access to the App/Website may be terminated if:

(a) You voluntarily uninstall the App/Website from Your device;

(b) You knowingly or unknowingly cause direct or indirect breach, as ascertained by Us, of these Terms or Privacy Policy as a whole or in part; or

(c) You do not pay the requisite fee, if any, should Us charge for use of the App/Website.

2. We may have to terminate Your access to the App/Website if:

(a) We are required to do so by law (for example, where the access to and/or provision of the App/Website to You becomes, unlawful);

(b) The third party Person, if any, with whom We offered the App/Website to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;

(c) The provision of App/Website to You, is no longer commercially viable or feasible for Us; or (d) You violate this Agreement.

3. Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

4. We may terminate this Agreement at any time, with or without notice and may procure disabling Your access to the App/Website and/or barring You from any future use of the App/Website.

5. You may terminate this Agreement at any time by terminating Your access to the App/Website. However, Your certain obligations under this Agreement shall continue to prevail even on such termination.

6. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that You and Us have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

L. INTELLECTUAL PROPERTY

1. Your use of the App/Website is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the App/Website through Your device. All trademarks, brands and service marks of the App/Website are the property of Us only. We own all the copyrights and database in relation to the App/Website.

2. The App/Website and any underlying technology or software used in connection with the App/Website may contain rights of Us or Our affiliates or any third party Persons. For use of any third-party Person’s intellectual property, You may need to get permission directly from the owner of the intellectual property.

3. Any intellectual property which is not specifically mentioned to be owned by Us is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.

4. We respect the intellectual property rights of others and do not hold any responsibility for any violations of any intellectual property rights by You. By virtue of agreeing to these terms and conditions or executing any other agreement with Us, You do not acquire any rights in Our intellectual property, and vice versa, except for as specifically set out in this these terms or in any other agreement between Us and You.

5. Gelos is not liable for any infringement of intellectual property arising out of materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by end users or any other third parties.

M. PRIVACY

1. Our Privacy Policy explains how We treat Your personal data and protect Your privacy when You use the App/Website. By using the App/Website, You agree that We can use such data according to Privacy Policy.

2. You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the App/Website. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.

N. LIMITATION OF LIABILITY AND INDEMNIFICATION

1. Your use of the App/Website, or any content, including video, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the App/Website or any content thereof, including video.

2. You may terminate Your access to the App/Website if You are not satisfied with the App/Website.

3. You shall defend, indemnify and hold Us, Our officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, all legal fee that may result from or is likely to result from (a) Your use of the App/Website or any content thereof, including Mobile Video; or (b) Your breach of the intellectual property of any third party; or (c) Your breach of any rules, regulations and/or orders under any applicable law.

4. You are also responsible for any breach of Your obligations under the Agreement and/or for the consequences of any such breach.

O. NO WARRANTIES

1. We shall make Our best efforts to make the App/Website available to You in the best possible manner. However, We disclaim all warranties in relation to the App/Website, whether express or implied, including but not limited to: (a) any bugs and errors to this beta version of the App/Website; (b) potential updates to this version of the App/Website; (c) the App/Website being constantly available or available at all; installation or un-installation choices in relation to the App/Website being successfully executed in all cases; (e) that App/Website will always function without disruptions, delay or errors; (f) Your personal ability to use the App/Website; (g) Your satisfaction with the use of the App/Website; (h) the accuracy of the data provided by the App/Website; (i) the security and privacy of Your data; (j) that all bugs or errors in relation to the App/Website will be corrected; (k) that the App/Website will be compatible with all devices and all networks; (l) that the App/Website is fit for a particular purpose or use; (m) that the App/Website and the contents thereof are accessible in every location; or (n) that the App/Website and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.

2. We, Our officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the App/Website in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Our offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages associated with Us, or equipment that We do not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Us.

P. GOVERNING LAW AND DISPUTE RESOLUTION

1. The App/Website may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the App/Website from any location, then, You are responsible for compliance with the local laws applicable to You.

2. This Agreement shall be governed by and shall be construed in accordance with the laws of India.

3. In the event of any dispute or difference between the You and Us (“Dispute”), then such Dispute shall first be resolved amicably through good faith negotiations by You and Us. In the event that a resolution of the Dispute is not achieved within 30 (thirty) days from the date such Dispute arises, as notified in writing by any party to the other party, then any of the parties to the Dispute, shall have the right to refer such Dispute to arbitration by issuing a written notice (“Arbitration Notice”) for final resolution in accordance with the provisions of this clause P(3).

4. Upon the issuance of an Arbitration Notice, the Dispute shall be referred to a single arbitrator mutually appointed by the parties. If an arbitrator is not appointed within 30 (thirty) days of the Arbitration Notice, either party may refer the matter to the rules of the Indian arbitration acts for appointment of the arbitrator. The arbitral proceedings shall be administered by GOI judiciary and Indian arbitrary act Rules, which Rules are deemed to be incorporated by reference to this clause P(4). The seat of arbitration shall be Delhi. The arbitration shall be conducted in English.

5. The award of arbitral tribunal in respect of a Dispute shall be final and binding on the parties and shall be enforceable in accordance with its terms and shall be substantiated in writing. You and Company Name shall submit to the award of the arbitral tribunal and such award shall be enforceable in any competent court of law. The arbitral tribunal shall also decide on the costs of the arbitration proceedings. Prior to or pending arbitration, nothing in this Agreement shall preclude either You or Us from seeking an interim or injunctive relief from courts of competent jurisdiction.

6. You agree that any cause of action arising out of Your use of the App/Website must be commenced within 3 (three) months after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.

Q. NOTICES

1. We may post notices within the App/Website or send you notices on the e-mail address or the telephone number that You may have shared with Us. You will have received such notices within 3 (three) days of Us sending the notice. Your continued use of the App/Website on expiry of such 3 (three) days shall constitute Your receipt and acceptance of the notices sent to You.

R. Relationship

1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Gelos and you shall have no authority to bind Gelos in any manner, whatsoever.

S. Force Majeure

1. Gelos shall have no liability to you for any interruption or delay, to access the Site or Mobile apps irrespective of the cause.

T. Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to (care@gelos.in).

Kunal Kumar

Grievance Redressal Officer

Lajme Media Private Limited

We request you to please provide the following information in your complaint:-

  • A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner for the purposes of the complaint.
  • Identification of the intellectual property claimed to have been infringed.
  • Identification of the material on our App/website that is claimed to be infringing or to be the subject of infringing activity.
  • The address, telephone number or e-mail address of the complaining party.
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent or the law.
  • A statement, under penalty of perjury, that the information in the notice of intellectual property infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

U. DISCLAIMER

1. The contents provided through the App/Website may include technical inaccuracies or typographical errors. We may make changes or improvements to the App/Website at any time. The contents or any information available on the App/Website is provided “as is” and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. We do not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or the servers that make them available, are free of viruses or other harmful components. We make no commitment to update the materials on the interface. The above exclusion may not apply to You, to the extent that applicable law may not allow the exclusion of implied warranties. We shall not be liable for any misuse or data theft as a consequence of Your use of the App/Website.

2. Gelos reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice

3. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE APP/WEBSITE IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THIS AGREEMENT. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE AGREEMENT SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD PARTY PERSON OR ANY OTHER PERSON.

4. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION. ANY WARRANTY REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, PERFORMANCE, RESULTS, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE OR IN RESPECT OF ANY MOBILE VIDEO OR SPONSORED CONTENT. WE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO ANY THIRD PARTY VIDEO DEVELOPER OR SPONSORED CONTENT PARTNERS OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY SPONSORED CONTENT DISPLAYED ON OR IN CONNECTION WITH USAGE OF OUR APP/WEBSITE.

Last updated on ____ April, 2022             

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