Terms of use - ChopChop.Video

INTRODUCTION

These Terms and Conditions (“Terms”) are between DailyCutting Technology Private Limited (“DailyCutting” / “we” / “our” / “us”), that owns, operates, controls and manages the website domain www.chopchop.video (“Website”), and users / persons (“user” / “you” / “your”) using, accessing or browsing the Website. These Terms govern your use of the Website and all related widgets, tools, applications, data, content, software, application program interface (APIs), so on and so forth in connection with the Website, including through mobiles, tablets and storage / transmitting devices.

These Terms are deemed to be an electronic record in terms of Information Technology Act, 2000 and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with and is governed by the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Website.

2. ACCEPTANCE OF TERMS

Please read these Terms and our privacy policy (“Privacy Policy”) available at [Insert the weblink of the Privacy Policy]very carefully. By using / accessing / browsing, the Website, you represent that you have read the Terms and the Privacy Policy and agree to be bound by the Terms and the Privacy Policy. If you do not agree with the usage requirements and restrictions described herein, you shall not be entitled to use / access / browse the Website. By agreeing to these Terms, you also agree to our Privacy Policy and / or such other policies as may be introduced by DailyCutting, from time to time. Additionally, you also accept to be bound by the laws and regulations that may be applicable to and govern your use / access / browsing of the Website. Further, additional terms and conditions may also be introduced or incorporated to these Terms. If you do not agree to and accept such additional terms and conditions, you shall not be authorized to use / access / browse the Website. These Terms, together with the Privacy Policy and any other terms that may be notified to you from time to time, constitute a legally binding agreement (“Agreement”) between you and DailyCutting.

3. ACCESSIBILITY

Persons who are competent of contracting, within the meaning of the Indian Contract Act, 1872, shall be bound by these Terms and the Privacy Policy. In the event that, as a minor you wish to use / access / browse the Website, you shall ensure that these Terms and the Privacy Policy have been accepted by your legal guardian or parent(s) and upon that they consent to be bound by the Terms contained herein. Further, in the event that it is discovered that you are below the age of 18 (eighteen) years and the Terms have not been consented to by your legal guardian or parent(s), DailyCutting shall not be responsible and shall not be held liable in any manner if the aforesaid criteria is not satisfied by you.

4. LICENCE TO USE WEBSITE

4.1 You may:

(a) view pages from our Website in a web browser;

(b) download pages from our Website for caching in a web browser;

(e) use our Website services by means of a web browser;

subject to and in accordance with the provisions of these Terms.

4.2 You may only use our Website for your own personal and business purposes and you must not use our Website for any other purposes.

4.3 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. RESTRICTIONS ON USE OF WEBSITE

5.1 You shall not:

(a) provide misleading or false personal details, impersonate any person or entity, or indulge in any other fraudulent activity;

(b) you must not download any material from our Website or save any such material to your computer or any device, unless to the extent expressly permitted by these Terms;

(d) Unless you obtain our prior written consent, you must not:

i. republish any content, data or material from our Website (including republication on another website);

ii. sell, rent or sub-license any content, data or material from our Website;

iii. show any content, data or material from our Website in public platform or domain; or

iv. redistribute any content, data or material from our Website.

(e) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

(f) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(g) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(h) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent;

(i) access or otherwise interact with our Website using any robot, spider or other automated means;

(j) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof;

(k) alter or modify any part of the Website or any content /material / information, including but not limited to any trademarks, service marks, logos, designs, etc.;

(l) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) or to contact individuals, companies or other persons or entities; or

(m) violate or breach these Terms in any manner.

5.2 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.

6. REGISTRATION AND ACCOUNT

6.1 You may register for an account with our Website (“Account”) by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you.

6.2 You must not allow any other person to use your Account to access the Website.

6.3 You must notify us in writing immediately if you become aware of any unauthorized use of your Account.

6.4 You must not use any other person’s account to access the Website, unless you have that person’s express permission to do so.

7. USER LOGIN DETAILS

7.1 If you register for an Account with our Website, you will be asked to create a user ID and password.

7.2 You shall at the time of creating your Account and at any other time, provide true, correct and accurate information and ensure that all such information is up-to-date and accurate at all times. Further, you shall not mislead or use your Account for or in connection with the impersonation of any person, in any manner.

7.3 You must keep your Account login details and password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your Account password.

7.5 You shall solely be responsible / liable for: (i) any and all activity through your Account; and (ii) keeping your Account login details and password confidential.

8. PRIVACY

When you use / access / browse the Website, we collect your personally identifiable information in accordance with our Privacy Policy available at [Insert weblink to privacy policy].

9. INTELLECTUAL PROPERTY

9.1 The Website including but not limited to, whole or any part of the web pages of the Website, design elements of the Website such as text, graphics, sounds and animations, its layout, the source code and other coding elements, and so on and so forth, is the intellectual property of DailyCutting protected by Indian and international intellectual property laws and other applicable laws.

9.2 This Website is a copyright property of DailyCutting, and all rights are reserved. All rights in this Website and the content / material / information available thereon including copyright, design rights, inventions, knowhow, database rights, trademarks, source codes and any other intellectual property rights in any of the foregoing are reserved to DailyCutting and / or its content and technology providers.

9.3 All trademarks, trade names, service marks and other product and service-related names and logos displayed on the Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws, whether registered or not.

9.4 Your use / access / browsing of the Website shall not be construed, in any form or manner, as granting of any license or right of use of any copyright, trademark, service mark, design, logo or any intellectual property which is displayed on this Website.

9.5 When you use the Website, you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, DailyCutting grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Website solely for your own use. You shall not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit or use for commercial purposes, the Website, in any manner. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DailyCutting or its licensors, except for the licenses and rights expressly granted in these Terms.

10. ERRORS OR INACCURACIES

There may be certain typographical errors, inaccuracies or omissions relating to the content, data, material or information available on the Website. We reserve the right, in our absolute sole discretion, to rectify and correct any errors, inaccuracies or omissions, and to change or update any content, data, material or information, if any on the Website is inaccurate at any time, without prior notice to you. We are in no manner obligated to rectify, update, amend or clarify the content, data, material or information available on the Website on a regular basis, except as may be required by law. No specific modification or update shall be construed as modification or update of these Terms in entirety.

11. DISCLAIMER OF WARRANTIES

11.1 DailyCutting makes no representation or warranty about the suitability, reliability, timeliness, availability, comprehensiveness, quality and accuracy of the content / material / information / products contained/ available on the Website. The content / material / information available on the Website is provided by DailyCutting on an “as is” and “as available” basis. DailyCutting expressly disclaims any and all warranties and liabilities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of any content, data or material. You expressly agree that you use / access / browse the Website of your own accord and at your sole risk.

11.2 We make no representations concerning, and do not guarantee, the accuracy of content / material / information / products, including, but not limited to its applicability to your individual circumstances. Our Website is developed for use in India, and we no representation or warranty concerning the Website or its content when it is used in any other country.

11.3 We reserve the right to discontinue or alter any or all of our Website services/ products, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.

11.4 To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Website and the use of our Website.

12. BREACH OF THESE TERMS AND TERMINATION

12.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, or for any other reason, we may in our sole discretion, take any of the following actions or combinations thereof against you:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Website;

(d) block computers / devices using your IP address from accessing our Website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your Account on our Website.

12.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you agree and undertake that you shall not bring any claim, action suit or proceeding to circumvent such suspension or prohibition or blocking, in any manner, including without limitation creating and/or using a different account.

12.3 Notwithstanding any such suspension, termination or cancellation, DailyCutting may, in its sole discretion and in accordance with its Privacy Policy, retain such information collected from you for such time as may be necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and / or applicable laws for the time being in force.

12.4 Any suspension, termination, or cancellation will not affect your obligations to DailyCutting under these Terms which by their nature are intended to survive such suspension, termination, or cancellation. Upon any such suspension, termination, or cancellation the provisions of Clause 9 (Intellectual Property), Clause 11 (Disclaimer of Warranties), Clause 13 (Limitation of Liability), and Clause 17 (Governing Law and Jurisdiction) shall survive and remain in full force and effect.

13. LIMITATION OF LIABILITY

To the maximum extent permissible by the applicable laws, in no event will DailyCutting or its officers, directors, members, employees, representatives, affiliates or agents be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, arising out of or in connection with your use of the Website or the content / material / information thereon, whether the damages are foreseeable and / or whether or not DailyCutting has been advised of the possibility of such damages in advance. If you are dissatisfied with the Website its content / material / information / products, or these Terms, your sole and exclusive remedy is to discontinue using / accessing / browsing the Website.

Except as otherwise required by applicable laws, any claim or cause of action arising out of or relating to your use of the Website or the content, data or material thereon must be brought within 7 (Seven) days after the occurrence of the event giving rise to the claim or the same will be deemed to be forever barred.

Without limiting the generality of the foregoing, we may provide and / or make available and / or otherwise reproduce third party content / products and / or part thereof on the Website and / or provide links to web pages and content/ products of third parties (collectively, “Third Party Content”). We do not monitor or have any control over any Third Party Content. We do not endorse or adopt any Third Party Content and can make no guarantee whatsoever as to its accuracy, reliability, quality or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any Third Party Content. Your use of such Third Party Content contained therein is solely and entirely at your own risk.

14. VARIATION OR CHANGES TO THESE TERMS

You are encouraged to periodically visit this page to review these Terms and any amendments or changes thereto.

DailyCutting reserves, in its absolute sole discretion, the right to amend or change these Terms at any time, as it may deem fit, without notice. Any such amendments or changes will be effective immediately and will be deemed to be a part our Agreement. Your continued use of the Website after any such amendment or change signifies your acceptance to such amendment or change. Discontinuing your use of the Website will not affect the applicability of these Terms to your prior uses of the Website, in any manner.

15. SEVERABILITY

15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. GOVERNING LAW AND JURISDICTION

These Terms and any claim, action, controversy dispute or proceedings of whatever nature arising out of or in any way relating to this Agreement shall be governed by and construed in accordance with the laws of India, and the courts at Mumbai, Maharashtra shall have exclusive jurisdiction to resolve any disputes relating to these Terms and / or the Agreement.

17. NO WAIVER

Any failure or delay in exercising or enforcing any right or claim by us will not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it, in any manner.

18. CONTACT

If you have any queries regarding these Terms, please contact us at hello@chopchop.video