Content Policy

 

This website/mobile application (platform) developed by K K Zala and all rights related to the Platform vest in K K Zala . The platform facilitates aggregation of content from various sources. K K Zala merely provides access to various types of content as an intermediary. For the purpose of this policy, any reference to K K Zala shall include its affiliates, parent company, subsidiaries, and sister concerns.

K K Zala owns the platform and operates it as a service provider.

For the purpose of this Policy/ Agreement (“Policy”), Content shall mean any material including but not limited to text, images, audio, video displayed, broadcasted, published, hosted, communicated to public on the Platform. For clarity, Content shall also include comments and hyperlinks.

Content includes all material posted or published on the platform.

By viewing any content on this Platform, You agree to be bound by the terms and conditions of this Policy.

If You disagree with the terms and conditions of this Policy, You are no longer authorized to use the Platform.

This Policy shall form part of the Terms of Use and shall come into effect from the date on which the Terms of Use come into effect. You are bound by the Terms of Use and this Content Policy when You begin Your use of the Platform.

When You use the Platform, You agree to all terms of our Content Policy, Terms of Use and Privacy Policy. If You disagree with any of these terms, please stop using the Platform.

Content on this Platform

K K Zala is merely an intermediary and a technology provider. The content posted on the Platform may be sourced from content providers. K K Zala holds no control with respect to the content, and does not warrant the correctness, validity or legality of the content. K K Zala expressly disclaims all warranties and shall not be liable for any violations under civil or criminal law.

As the content on the Platform is not owned by K K Zala, it is not responsible for any content posted or available on the Platform.

You agree to post content in good faith only for lawful and non-commercial purposes including education, entertainment, criticism, or spreading information.

You must not access or post content through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You agree that the content posted by You is legal and does not violate any applicable laws, rules, regulations, policies, guidelines and/or norms applicable to the Content in countries where the Content is published, communicated to the public, or distributed by K K Zala. K K Zala is not obligated to publish any information or content on the Platform and can remove any Content in its sole discretion, with or without notice to users.

You acknowledge, confirm and agree that K K Zala is under no obligation to monitor the content on its Platform, but retains the right to monitor all content posted by You. You acknowledge and agree that, in case of any breach of applicable laws or the terms of this policy, You will be solely responsible for any consequences arising out of such breach.

You acknowledge, confirm and agree that K K Zala may if notified by any third party or otherwise becomes aware of and determines in its sole discretion that the Content or any portions thereof:

§  violates the Intellectual Property rights or any other rights of any third party;

§  violates any applicable law, rules and/or regulations;

§  is pornographic, obscene, abusive, offensive or violates K K Zala ’s policies and/or terms of service;

§  is being provided by the Content Provider without due authority or authorization;

§  is not free from encumbrances, impediments or restrictions;

§  has an adverse impact on the business interests or integrity or reputation of K K Zala ; or

§  is in any other manner violates any term or provision of this policy it may remove any specific Content or parts thereof from the Platform(s) with no liability.

K K Zala does not actively monitor the content posted on the Platform but may remove the content if it violates any of the terms of this Policy.

Intellectual Property

You acknowledge, confirm and agree that all intellectual property rights in the Content You post vests with You or You have a valid license to post, display, reproduce, make copies, broadcast, communicate to public such Content on the Platform.

You acknowledge, confirm and agree that all intellectual property rights in the Platform, whether registered or unregistered, including but not limited to its software, interface, webpages, database, name and logo vest in K K Zala . You shall not claim any right in any of the aforementioned forms of intellectual property.

You own the content posed by You. K K Zala owns all the rights in the Platform.

When You post content on the Platform, You grant K K Zala a non-exclusive, perpetual, worldwide, transferable, irrevocable, royalty-free, unlimited license to use, commercially exploit, copy, cache, store, publish, display, distribute, modify, create derivative works and store such Content, including underlying works in the content, posted by You. You agree, understand and confirm that You are liable to pay any license fee, royalty, or any other consideration applicable to the content posted by You.

You grant K K Zala a right to use the content posed by You on the Platform.

Other than as expressly set forth in this Policy, You shall not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Do not use any content posted on the Platform for unauthorized purpose.

If You remove any Content from the Platform or terminate Your use of the Platform, K K Zala may keep and use Your Content on its sole discretion and for any lawful purpose. K K Zala and its users may retain and continue to use, store, display, broadcast, reproduce, modify, create derivative works, perform, and distribute any of Your Content even after the date of termination of Your use.

K K Zala retains the right to use content even after You remove it from the Platform.

Representations and Warranties

You represent, covenant and warrant that the content posted by You does not violate any term of this Policy or any law in force in the territory in which You are posting the content or any law in force in the territory in which content can be displayed, broadcasted, published, used, communicated to public, reproduced or copied.

You further represent, covenant and warrant that You own or have a valid license to post the content, including underlying works in the content, on the platform and fulfil Your obligations under this Policy.

K K Zala makes no warranties under this Policy. And K K Zala expressly disclaims all warranties, expressed or implied, including but not limited to:

§  express or implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Platform(s) or any other aspect;

§  Warranties with respect to the any and all content;

§  warranties as to the quality or performance of the Platform(s), services, technology including but not limited to the availability of any advertisement; and

§  warranties that the Platform(s) and/or the services offered by it will be uninterrupted, timely, or error-free.

K K Zala makes no warranties with respect to the Platform.

Indemnity

You will indemnify and hold K K Zala and its affiliates, and their directors, officers and employees, harmless, including costs and attorneys’ fees, harmless from any claim or demand made by any third party arising out of or in connection with the Content posted by You, any violation of this policy by You, or any other illegal act done by You.

If K K Zala is sued because of anything You do on the Platform, you have to pay the costs.

To the maximum extent permitted by law, K K Zala and/or its affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the platform; (b) any conduct or content of any third party on the platform, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of Your transmissions or content. In no event shall K K Zala ‘s aggregate liability for all claims relating to the platform exceed INR 5000.

Our liability is limited.

This limitation of liability is part of the basis of the bargain between You and K K Zala and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if K K Zala or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

Grievance Policy

To report content that You believe is inappropriate, in violation of applicable laws or any term of this Policy, or infringing upon other rights (including privacy rights, IP rights), You may use the Flag Content option that appears near the content itself.

Any person may also report infringement of its IP rights or violation of any laws or terms of this Policy, by sending the link of the content with a brief description of the issue and applicable evidence (like IP registrations/applications) to vikram15580@gmail.com with the subject Content Reporting. You may also submit a takedown request through this email, and read our takedown policy.

Once an item of Content has been flagged or reported through email, K K Zala will review your grievance. Based on the legal validity of the grievance, K K Zala may conduct an internal investigation and take appropriate action. K K Zala may take down the content if such content is found to violate any applicable laws, infringe on any entity’s rights, or infringe on any intellectual property rights. You will not be notified about any action or investigation in the matter.

Please use the flag content option, submit a takedown request form, or send an email to vikram15580@gmail.com K K Zala to report any content.

Termination

Violation of these Policy may, in K K Zala ‘s sole discretion, result in termination of Your account. You understand and agree that K K Zala cannot and will not be responsible for the Content posted on the Platform and You use the Platform at Your own risk. If You violate the letter or spirit of this Policy, or otherwise create risk or possible legal exposure for K K Zala , K K Zala can terminate Your access to the Platform. Upon termination, all licenses and other rights granted to You in this Policy will immediately cease. However, in no case the license with respect to the content granted by You to K K Zala will stand terminated.

Upon termination of Your relationship with K K Zala , provisions related to indemnity, intellectual property, representations and warranties and other provisions which by their nature intended to survive, will remain in force. Upon termination of Your relationship with K K Zala , You will not be relieved from any obligation arising prior to the termination.

K K Zala may terminate Your account if You breach any of its policies or any laws. Some clauses may survive termination.

Governing Laws

You agree that this policy and Your relation with K K Zala is governed by the laws in force in India and the court at Rajkot Gujarat shall have the exclusive jurisdiction in relation to any dispute arising between You and K K Zala under this Policy.

General Provisions

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Policy is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Policy shall otherwise remain in full force and effect and enforceable.

You cannot assign, transfer or sublicense any right or obligation under this Policy except with K K Zala ’s prior written consent.

K K Zala may modify this Policy, its Privacy Policy, Takedown Policy, and Cookies Policies from time to time. If You object to or disagree with any changes, You may close Your account or terminate Your use of the Platform. Your continued use of the Platform after we publish changes to these terms means that You are consenting to the updated terms.

and all rights related to the Platform vest in K K Zala . The platform facilitates aggregation of content from various sources. K K Zala merely provides access to various types of content as an intermediary. For the purpose of this policy, any reference to K K Zala shall include its affiliates, parent company, subsidiaries, and sister concerns.

Please read this Content Policy carefully before viewing or posting content on this Platform.

K K Zala owns the platform and operates it as a service provider.

For the purpose of this Policy/ Agreement (“Policy”), Content shall mean any material including but not limited to text, images, audio, video displayed, broadcasted, published, hosted, communicated to public on the Platform. For clarity, Content shall also include comments and hyperlinks.

Content includes all material posted or published on the platform.

By viewing or posting any content on this Platform, You agree to be bound by the terms and conditions of this Policy.

If You disagree with the terms and conditions of this Policy, You are no longer authorized to use the Platform.

This Policy shall form part of the Terms of Use and shall come into effect from the date on which the Terms of Use come into effect. You are bound by the Terms of Use and this Content Policy when You begin Your use of the Platform.

When You use the Platform, You agree to all terms of our Content Policy, Terms of Use and Privacy Policy. If You disagree with any of these terms, please stop using the Platform.

Content on this Platform

K K Zala is merely an intermediary and a technology provider. The content posted on the Platform may be sourced from content providers. K K Zala holds no control with respect to the content, and does not warrant the correctness, validity or legality of the content. K K Zala expressly disclaims all warranties and shall not be liable for any violations under civil or criminal law.

As the content on the Platform is not owned by K K Zala, it is not responsible for any content posted or available on the Platform.

You agree to post content in good faith only for lawful and non-commercial purposes including education, entertainment, criticism, or spreading information.

You must not access or post content through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You agree that the content posted by You is legal and does not violate any applicable laws, rules, regulations, policies, guidelines and/or norms applicable to the Content in countries where the Content is published, communicated to the public, or distributed by K K Zala. K K Zala is not obligated to publish any information or content on the Platform and can remove any Content in its sole discretion, with or without notice to users.

You acknowledge, confirm and agree that K K Zala is under no obligation to monitor the content on its Platform, but retains the right to monitor all content posted by You. You acknowledge and agree that, in case of any breach of applicable laws or the terms of this policy, You will be solely responsible for any consequences arising out of such breach.

You acknowledge, confirm and agree that K K Zala may if notified by any third party or otherwise becomes aware of and determines in its sole discretion that the Content or any portions thereof:

§  violates the Intellectual Property rights or any other rights of any third party;

§  violates any applicable law, rules and/or regulations;

§  is pornographic, obscene, abusive, offensive or violates K K Zala ’s policies and/or terms of service;

§  is being provided by the Content Provider without due authority or authorization;

§  is not free from encumbrances, impediments or restrictions;

§  has an adverse impact on the business interests or integrity or reputation of K K Zala ; or

§  is in any other manner violates any term or provision of this policy it may remove any specific Content or parts thereof from the Platform(s) with no liability.

K K Zala does not actively monitor the content posted on the Platform but may remove the content if it violates any of the terms of this Policy.

Intellectual Property

You acknowledge, confirm and agree that all intellectual property rights in the Content You post vests with You or You have a valid license to post, display, reproduce, make copies, broadcast, communicate to public such Content on the Platform.

You acknowledge, confirm and agree that all intellectual property rights in the Platform, whether registered or unregistered, including but not limited to its software, interface, webpages, database, name and logo vest in K K Zala . You shall not claim any right in any of the aforementioned forms of intellectual property.

You own the content posed by You. K K Zala owns all the rights in the Platform.

When You post content on the Platform, You grant K K Zala a non-exclusive, perpetual, worldwide, transferable, irrevocable, royalty-free, unlimited license to use, commercially exploit, copy, cache, store, publish, display, distribute, modify, create derivative works and store such Content, including underlying works in the content, posted by You. You agree, understand and confirm that You are liable to pay any license fee, royalty, or any other consideration applicable to the content posted by You.

You grant K K Zala a right to use the content posed by You on the Platform.

Other than as expressly set forth in this Policy, You shall not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Do not use any content posted on the Platform for unauthorized purpose.

If You remove any Content from the Platform or terminate Your use of the Platform, K K Zala may keep and use Your Content on its sole discretion and for any lawful purpose. K K Zala and its users may retain and continue to use, store, display, broadcast, reproduce, modify, create derivative works, perform, and distribute any of Your Content even after the date of termination of Your use.

K K Zala retains the right to use content even after You remove it from the Platform.

Representations and Warranties

You represent, covenant and warrant that the content posted by You does not violate any term of this Policy or any law in force in the territory in which You are posting the content or any law in force in the territory in which content can be displayed, broadcasted, published, used, communicated to public, reproduced or copied.

You further represent, covenant and warrant that You own or have a valid license to post the content, including underlying works in the content, on the platform and fulfil Your obligations under this Policy.

You confirm that the You post is legal and You have a right to post it.

K K Zala makes no warranties under this Policy. And K K Zala expressly disclaims all warranties, expressed or implied, including but not limited to:

§  express or implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Platform(s) or any other aspect;

§  Warranties with respect to the any and all content;

§  warranties as to the quality or performance of the Platform(s), services, technology including but not limited to the availability of any advertisement; and

§  warranties that the Platform(s) and/or the services offered by it will be uninterrupted, timely, or error-free.

K K Zala makes no warranties with respect to the Platform.

Indemnity

You will indemnify and hold K K Zala and its affiliates, and their directors, officers and employees, harmless, including costs and attorneys’ fees, harmless from any claim or demand made by any third party arising out of or in connection with the Content posted by You, any violation of this policy by You, or any other illegal act done by You.

If K K Zala is sued because of anything You do on the Platform, you have to pay the costs.

To the maximum extent permitted by law, K K Zala and/or its affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the platform; (b) any conduct or content of any third party on the platform, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of Your transmissions or content. In no event shall K K Zala ‘s aggregate liability for all claims relating to the platform exceed INR 5000.

Our liability is limited.

This limitation of liability is part of the basis of the bargain between You and K K Zala and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if K K Zala or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

Grievance Policy

To report content that You believe is inappropriate, in violation of applicable laws or any term of this Policy, or infringing upon other rights (including privacy rights, IP rights), You may use the Flag Content option that appears near the content itself.

Any person may also report infringement of its IP rights or violation of any laws or terms of this Policy, by sending the link of the content with a brief description of the issue and applicable evidence (like IP registrations/applications) to vikram15580@gmail.com with the subject Content Reporting. You may also submit a takedown request through this email, and read our takedown policy.

Once an item of Content has been flagged or reported through email, K K Zala will review your grievance. Based on the legal validity of the grievance, K K Zala may conduct an internal investigation and take appropriate action. K K Zala may take down the content if such content is found to violate any applicable laws, infringe on any entity’s rights, or infringe on any intellectual property rights. You will not be notified about any action or investigation in the matter.

Please use the flag content option, submit a takedown request form, or send an email to vikram15580@gmail.com K K Zala to report any content.

Termination

Violation of these Policy may, in K K Zala ‘s sole discretion, result in termination of Your account. You understand and agree that K K Zala cannot and will not be responsible for the Content posted on the Platform and You use the Platform at Your own risk. If You violate the letter or spirit of this Policy, or otherwise create risk or possible legal exposure for K K Zala , K K Zala can terminate Your access to the Platform. Upon termination, all licenses and other rights granted to You in this Policy will immediately cease. However, in no case the license with respect to the content granted by You to K K Zala will stand terminated.

Upon termination of Your relationship with K K Zala , provisions related to indemnity, intellectual property, representations and warranties and other provisions which by their nature intended to survive, will remain in force. Upon termination of Your relationship with K K Zala , You will not be relieved from any obligation arising prior to the termination.

K K Zala may terminate Your account if You breach any of its policies or any laws. Some clauses may survive termination.

Governing Laws

You agree that this policy and Your relation with K K Zala is governed by the laws in force in India and the court at Rajkot Gujarat shall have the exclusive jurisdiction in relation to any dispute arising between You and K K Zala under this Policy.

General Provisions

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Policy is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Policy shall otherwise remain in full force and effect and enforceable.

You cannot assign, transfer or sublicense any right or obligation under this Policy except with K K Zala ’s prior written consent.

K K Zala may modify this Policy, its Privacy Policy, Takedown Policy, and Cookies Policies from time to time. If You object to or disagree with any changes, You may close Your account or terminate Your use of the Platform. Your continued use of the Platform after we publish changes to these terms means that You are consenting to the updated terms.