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Terms & Conditions

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and KTree Computer Solutions India (P) Ltd (“Company”, “we”, “us”, or “our”), concerning your access to and use of the YouSay website as well as any other media form, media channel, mobile app or otherwise connected thereto (collectively, the “YouSay Platform”). You agree that by accessing the ‘YouSay Platform’, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE “YouSay Platform” AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the “YouSay Platform”from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the “YouSay Platform”after the date such revised Terms of Use are posted.

The information provided on the “YouSay Platform”is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the “YouSay Platform”from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The “YouSay Platform”is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the “YouSay Platform”.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the “YouSay Platform” is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the “YouSay Platform” (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the “YouSay Platform” “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the “YouSay Platform” and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the “YouSay Platform”, you are granted a limited license to access and use the “YouSay Platform” and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the “YouSay Platform”, the Content and the Marks.

3. USER REPRESENTATIONS

By using the “YouSay Platform”, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the “YouSay Platform” through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the “YouSay Platform” for any illegal or unauthorized purpose; and (7) your use of the “YouSay Platform” will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the “YouSay Platform” (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the “YouSay Platform”. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

You may not access or use the “YouSay Platform” for any purpose other than that for which we make the “YouSay Platform” available. The “YouSay Platform” may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the “YouSay Platform”, you agree not to:

  1. Systematically retrieve data or other content from the “YouSay Platform” to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the “YouSay Platform”, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the “YouSay Platform” and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the “YouSay Platform”.
  5. Use any information obtained from the “YouSay Platform” in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the “YouSay Platform” in a manner inconsistent with any applicable laws or regulations.
  8. Use the “YouSay Platform” to advertise or offer to sell goods and services.
  9. Engage in unauthorized framing of or linking to the “YouSay Platform”.
  10. . Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the “YouSay Platform” or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the “YouSay Platform”.
  11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Attempt to impersonate another user or person or use the username of another user.
  14. Sell or otherwise transfer your profile.
  15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  16. Interfere with, disrupt, or create an undue burden on the “YouSay Platform” or the networks or services connected to the “YouSay Platform”.
  17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the “YouSay Platform” to you.
  18. Attempt to bypass any measures of the “YouSay Platform” designed to prevent or restrict access to the “YouSay Platform”, or any portion of the “YouSay Platform”.
  19. Copy or adapt the “YouSay Platform”’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the “YouSay Platform”.
  21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the “YouSay Platform”, or using or launching any unauthorized script or other software.
  22. Use a buying agent or purchasing agent to make purchases on the “YouSay Platform”.
  23. Make any unauthorized use of the “YouSay Platform”, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  24. Use the “YouSay Platform” as part of any effort to compete with us or otherwise use the “YouSay Platform” and/or the Content for any revenue-generating endeavor or commercial enterprise.

6. USER GENERATED CONTENT

The “YouSay Platform” may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the “YouSay Platform”, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the “YouSay Platform” and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. You may not upload or post to the Platform or otherwise use in any way in connection with your use of the Platform User Content which includes any text, video or audio recording, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition. All trademarks and/or service marks displayed on the Platform are the exclusive property of their respective owners, and may not be used without the owner’s permission.
  2. By using the Platform, you grant “YouSay Platform” a worldwide, irrevocable, non-exclusive, royalty free license to use, reproduce, adapt, publish, translate and distribute all material (including without limitation text, images, audio, sound effects, video material, animations and other audio-visual material, hereafter referred to as the ‘User Content’) you upload or post to the Platform or create on/with the Platform. This includes but is not limited to any proprietary, patented, copyrighted or otherwise confidential User Content, in any existing or future media.
  3. “YouSay Platform” does not claim ownership of the User Content. Although “YouSay Platform” reserves the right to edit or remove any User Content you upload, post to or create with the Platform, we do not control or verify the User Content that you upload, post to or create with the Platform, nor do we undertake to monitor the User Content uploaded, posted to or created with the Platform.
  4. “YouSay Platform” may need, and you hereby grant to “YouSay Platform” the right, to use, modify, adapt, convert, store, reproduce, distribute, publish and display any User Content posted on or created with the Platform. These rights apply solely to the extent necessary for the operation of the Platform.
  5. User Content that violates these Terms of Use or your local laws is not permitted on the Platform. “YouSay Platform” reserves the right to review content for the purpose of enforcing these Terms of Use. If you share User Content on the Platform in a way that infringes others’ copyrights, other intellectual property or proprietary rights, or publicity or privacy rights, you are breaching these Terms of Use. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and that the use of the User Content does not violate any law. We may remove your content from the Platform at any time and for any reason, including if: (i) you breach these Terms of Use; (ii) the User Content exceeds limits on storage or file size; or (iii) we cancel or suspend your access to the Platform. “YouSay Platform” performs monitoring activities to ensure suitability of content as set out in these Terms of Use, and, whether as a result of such monitoring or upon receiving notification of unsuitable content from third parties, “YouSay Platform” reserves the right to remove any or all User Content from the Platform. ‘You agree to immediately remove any Content that violates the Terms of Use, including pursuant to a takedown request from “YouSay Platform”’. ‘In the event that you elect not to comply with a request from “YouSay Platform” to remove certain User Content, “YouSay Platform” reserves the right to directly remove such Content or to disable access to the Platform’.
  6. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the “YouSay Platform”, and other users of the “YouSay Platform” to use your Contributions in any manner contemplated by the “YouSay Platform” and these Terms of Use.
  7. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the “YouSay Platform” and these Terms of Use.
  8. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  9. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  10. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  11. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  12. Your Contributions do not violate any applicable law, regulation, or rule.
  13. Your Contributions do not violate the privacy or publicity rights of any third party.
  14. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  15. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  16. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  17. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the “YouSay Platform” in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the “YouSay Platform”.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the “YouSay Platform”, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the “YouSay Platform”. You are solely responsible for your Contributions to the “YouSay Platform” and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

You may delete your content and/or account at any point. This will result in your User Content also being deleted from other such variants. However, your content may continue to appear on the Platform if it has been shared with others. Moreover, we may retain your User Content and other data for a limited period so as to restore your account should you choose to reinstate your account. To learn more about how we use information, and how to control or delete your content, please read the our Privacy Policy. You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for any consequences resulting out of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform or advertisers on the Platform.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the “YouSay Platform”; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but we will have a zero cost, permanent license to use what you share and post on our Platform.

8. Intermediary Status and No Liability

We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, YouSay Privacy Policy, and YouSay Terms of Use for accessing and using our Platform. Our role is limited to providing a platform for users to upload, share and display content, created or shared by you and other users.

We do not control what you or other people may or may not do on the Platform and are thus, not responsible for the consequences of such actions (whether online or offline).

We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising to you or any other person related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.

We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the YouSay terms and conditions and privacy policy.

9. UNAUTHORIZED USE OF MATERIALS/CONTENT OR TAKEDOWN REQUEST

We take inappropriate content or “take down” of content seriously If you see content on a “YouSay Platform” that you believe violates the law or your rights, let us know. We’ll review the material and consider blocking, limiting, or removing access to it. Behaviors like phishing, violence, or explicit content may also violate our YouSay Platform” and qualify for removal from the platform.

To expedite our ability to process your request, such written notice should be sent to our designated agent via email with the below information.

  1. Detailed identification of Your copyrighted or otherwise protected work that You believe has been infringed.
  2. Identification of the specific Content or Material on the “YouSay Platform” that You claim is infringing Your copyrighted or otherwise protected either providing the Video IDs or URL’s of the content.
  3. Your contact information (email address preferred).

You must also include the following statements in Your written notification:

  1. I state UNDER PENALTY OF PERJURY that I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  2. I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

You must then sign Your written notification.

Finally, send the completed written notification to dmca@yousay.tv

“YouSay Platform” policy is to terminate in appropriate circumstances the accounts of users that are found to be repeat infringers. As part of implementing such policy, “YouSay Platform” may in its sole discretion suspend the accounts of users who have been identified as engaging in infringing activities or for other related reasons.

10. GUIDELINES FOR REVIEWS

We may provide you areas on the “YouSay Platform” to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

11. Grievance Officer

We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them.

We have created a method for you to get in touch with us and for us to address your concerns. You may contact the Grievance Officer at any of the following:

The physical contact address of KTree for the purposes of receiving communication addressed to its KTree Computer Solutions India (p) Ltd, Block A, 3rd Floor, Sanali Info Park 8-2-112/120/1, Venkat Nagar, Road No. 2, Banjara Hills, Hyderabad 500034, India. Email: [rgo@yousay.tv]

12. MOBILE APPLICATION LICENSE

Use License

If you access the “YouSay Platform” via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

13. Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the “YouSay Platform”: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

14. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the “YouSay Platform” (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

15. THIRD-PARTY WEBSITE AND CONTENT

The “YouSay Platform” may contain (or you may be sent via the “YouSay Platform”) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the “YouSay Platform” or any Third-Party Content posted on, available through, or installed from the “YouSay Platform”, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the “YouSay Platform” and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the “YouSay Platform” or relating to any applications you use or install from the “YouSay Platform”. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

16. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the “YouSay Platform”, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the “YouSay Platform” and any services provided on the “YouSay Platform” or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the “YouSay Platform”, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

17. “YouSay Platform” MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the “YouSay Platform” for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the “YouSay Platform” or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the “YouSay Platform” in a manner designed to protect our rights and property and to facilitate the proper functioning of the “YouSay Platform”.

18. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: at https://www.yousay.tv/privacypolicy.html. By using the “YouSay Platform”, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the “YouSay Platform” is hosted in India and some services and data in the USA. If you access the “YouSay Platform” from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the “YouSay Platform”, you are transferring your data to India or USA, and you agree to have your data transferred to and processed in India or USA.

19. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the “YouSay Platform”. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE “YouSay Platform” (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE “YouSay Platform” OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the “YouSay Platform” at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our “YouSay Platform”. We also reserve the right to modify or discontinue all or part of the “YouSay Platform” without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the “YouSay Platform”.

We cannot guarantee the “YouSay Platform” will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the “YouSay Platform”, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the “YouSay Platform” at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the “YouSay Platform” during any downtime or discontinuance of the “YouSay Platform”. Nothing in these Terms of Use will be construed to obligate us to maintain and support the “YouSay Platform” or to supply any corrections, updates, or releases in connection therewith.

21. GOVERNING LAW

These Terms shall be governed by Indian Law. KTree Computer Solutions India (P) Ltd and yourself irrevocably consent that the courts of Hyderabad, Telangana Courts shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

22. DISPUTE RESOLUTION

You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the Hyderabad, Telangana courts. KTree Computer Solutions India (P) Ltd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

23. CORRECTIONS

There may be information on the “YouSay Platform” that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the “YouSay Platform” at any time, without prior notice.

24. DISCLAIMER

THE “YouSay Platform” IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE “YouSay Platform” AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE “YouSay Platform” AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE “YouSay Platform”’s CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE “YouSay Platform” AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE “YouSay Platform”, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE “YouSay Platform”, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE “YouSay Platform” BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE “YouSay Platform”. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE “YouSay Platform”, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

25. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE “YouSay Platform”, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR MAY NOT EXCEED AN AMOUNT EQUIVALENT TO TEN THOUSAND RUPEES. CERTAIN CENTRAL OR STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

26. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the “YouSay Platform”; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the “YouSay Platform” with whom you connected via the “YouSay Platform”. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Nothing in these Terms shall limit or exclude Our liability for:

  1. death or personal injury resulting from Our gross negligence;
  2. fraud or fraudulent misrepresentation; and
  3. any other liability that cannot be excluded or limited by applicable laws.

27. USER DATA

We will maintain certain data that you transmit to the “YouSay Platform” for the purpose of managing the performance of the “YouSay Platform”, as well as data relating to your use of the “YouSay Platform”. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the “YouSay Platform”. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the “YouSay Platform”, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the “YouSay Platform”, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE “YouSay Platform”. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

29. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the “YouSay Platform” or in respect to the “YouSay Platform” constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the “YouSay Platform”. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

30. CONTACT US

In order to resolve a complaint regarding the “YouSay Platform” or to receive further information regarding use of the “YouSay Platform”, please contact us at info@yousay.tv

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