For the purposes of this user agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an “unauthorized user” and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions. The term “User” would include both the authorized and unauthorized User(s).
The terms “service” or “services” would mean to include the interactive mobile application information service offered by DIYA on mobile platforms through which the User may access all the required information. The terms would include the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria.
The term “organization” would be used to define any company, partnership firm, institute, trust or any such entity which has a legal personality but is not a natural person. The term “data” means insubstantial portions of the data downloaded, repurposed, reused and temporarily stored to a storage device under User’s exclusive control.
a) DIYA (“DIYA App”) is a video-based learning app brought to you by Ingegno Transmedia Pvt. Ltd, a company incorporated under the laws of India.
b) Use of the App is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. DIYA app at its sole discretion reserves the right not to accept a User from registering on the mobile application without assigning any reason thereof.
2. User Account, Password, and Security: You will receive a password and account designation upon completing the mobile app registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DIYA app cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Services Offered:
DIYA app provides a number of mobile platform services through the app (all such services, collectively, the “Service”). In addition, these terms and policies may be further supplemented by Product-specific conditions, which may be displayed on the web page of that Product.
4. Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, DIYA owns all Intellectual Property Rights to and into the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the App belonging to DIYA without obtaining authorization from DIYA.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the App for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
5. Copyright Laws
5.1. Content or information available on the DIYA App and any related ecosystem and applications is protected by the Copyright Act 1957 and is subject to Ingegno Transmedia’s Copyright.
5.2. User will own the proprietary rights to the original videos that they have uploaded in the App.
5.3. Certain information and data made available are the property of the content provider’s and are identified as such. The information and data are protected by copyright and other intellectual property laws and no such right is deemed to have been transmitted by this arrangement to the User. As described elsewhere, the subscriber has obtained only the limited right to use, in the manner set out earlier, the information provided hereunder.
6. Links To Third Party Sites:
The app may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DIYA or the Website and DIYA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DIYA is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. DIYA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DIYA or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
7. Limitations on use
7.1. The Content on the app is for personal use only and not for commercial exploitation.
7.2. User may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Web Site or the Content. Nor may User use any network monitoring or discovery software to determine the app architecture, or extract information about usage or Users.
7.3. User may not use any robot, spider, other automatic device, or manual process to monitor or copy our App or the Content without prior written permission.
7.4. User may not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the App, except to the extent permitted above.
7.5. User may not use or otherwise export or re-export the App or any portion thereof, the Content or any software available, on or through the App in violation of the export control laws and regulations of India. Any unauthorized use of the App or its Content is prohibited.
7.6. Combine the whole or any part of the Data with any other software, data or material.
7.7. User shall not upload any pornographic, racist, political, religious or controversial video or audio content.
7.8. All videos will be moderated by a team that will seek to ensure that the video content that’s uploaded is inoffensive. Videos will ideally be approved within a time-frame of 24 hours. Users who upload pornographic or explicit content will be banned.
7.9. Certain software used by User may not be capable of supporting the Service, and the performance of the Service will vary with the hardware on which it is used.
7.10. Downloaded Data shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.
7.11. User undertakes to use its reasonable endeavours to ensure that the Service shall not be accessed or used by third parties other than those entitled to do so by virtue of this User Agreement.
7.12. User shall use its reasonable endeavours to keep any Downloaded Data secure and to prevent any third party duplicating or otherwise reproducing in whole or in part Downloaded Data or any part thereof other than for the exercise of the rights granted by this Agreement, and shall use its reasonable endeavours to prevent whether by act or omission such duplication or reproduction except as permitted by the terms of this Agreement.
8. Errors and Corrections
8.1. DIYA makes reasonable effort to ensure that the information provided on the App is accurate but does not represent or warrant that the information available on or through the App will be correct, accurate, reliable, uninterrupted, or timely.
8.2. DIYA does not represent or warrant that the App will be error free, free of viruses or other harmful components, or that the defects will be corrected.
8.3. The User is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the App for the reconstruction of any lost data.
8.4. The User shall not post or transmit any material that contains a virus or corrupted data. DIYA reserves the right in its sole discretion and without any obligation, to make improvements and/or changes to its features, functionality or material, at any time.
12.5. The User shall also not post any material, links to any material, which violate any laws of India.
a) DIYA may suspend or terminate your use of the App or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 13.a above, these Terms will survive indefinitely unless and until DIYA chooses to terminate them.
c) If you or DIYA terminates your use of the App or any Service, DIYA may delete any content or other materials relating to your use of the Service and DIYA will have no liability to you or any third party for doing so.
10.1. Except as provided in relevant clauses, no notice consent or the like (in this clause referred to generally as “notice”) required or permitted to be given under this arrangement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier or by electronic mail or facsimile transmission at his/ its address as set out above or as otherwise notified in accordance with this clause.
10.2. A notice given personally shall be deemed given at the time of delivery.
10.3. A notice sent by post or courier in accordance with this clause shall be deemed given at the commencement of business of the recipient on the date of receipt of the notice by the recipient or fourth business day following its posting whichever is earlier.
10.4. Notice sent by telex, electronic mail or facsimile transmission in accordance with this clause shall be deemed given at the time of its actual transmission.
10.5. The User is to keep himself aware of the terms and conditions of the website, by checking this page at least once on a month. No further notice shall be given to the User of the change in the terms and conditions one is subjected to.
11. Severability of Provisions
13. Remedies for Violations
13.1. DIYA reserves the right to seek all remedies available at law and equity for violations of the Terms and Conditions of Use, including but not limited to, the right to block access from a particular User to DIYA App.
14. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai.
15.1. The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.
16. Exclusion of Liability
16.1. DIYA makes reasonable effort to ensure that the information provided on the App is accurate but does not guarantee or warrants its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose.
16.2. The information/material provided on the App is provided on an “As Is” basis. DIYA accepts no responsibility with respect to the information on the App expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
16.3. DIYA shall not be liable in contract, tort, and derelict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the Service (whether or not caused by the negligence of DIYA).
16.4. DIYA shall not be liable in contract, tort, derelict or otherwise for any loss of revenue business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence of DIYA).
16.5. Without prejudice, in no event shall DIYA, its Affiliates and/or Contributors be liable to User for any claim(s) relating in any way to:-
I. User’s inability or failure to perform work or to perform such legal or related work properly or completely, even if assisted by DIYA, its Affiliates and/or Contributors or any decision made or action taken by User in reliance on the Data.
II. Any lost profits (whether direct or indirect) or any consequential, exemplary incidental, indirect or special damages relating in whole or in part to User’s rights under this Agreement or use of or inability to use the Service, Features or Data even if Suppliers, its Affiliates and/or Contributors have been advised of the possibility of such damages.
16.6. User shall accept sole responsibility for and DIYA shall not be liable for the use of the Service by User, or any User and User shall hold DIYA harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
16.7. DIYA disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:
16.7.1. Any errors in or omissions from the App and its content, including but not limited to technical inaccuracies and typographical errors
16.7.2. Any third party Web Sites or Content therein directly or indirectly accessed through links in the App, including but not limited to any errors in or omissions there from
16.7.3. The unavailability of this Site or any portion thereof;
16.7.4. User use of any equipment or software in connection with the Site; or
16.7.5. User use of the Site.
16.8. DIYA shall not responsible if any information/page is downloaded from DIYA App and after downloading complete/partial, text/information is altered/removed/obscured contained therein.
17. Disclaimer of Warranties/Limitation of Liability:
DIYA has endeavored to ensure that all the information on the App is correct, but DIYA neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Mylawally.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services or Products;
(b) unauthorized access to or alteration of the user’s transmissions or data;
(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the App or Service. Neither shall DIYA be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, negligence, strict liability or otherwise. Further, DIYA shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any reason beyond DIYA’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the App is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
18. Linking to the App
18.1. A User may provide links to this App, provided
18.1.1. The User does not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this App
18.1.2. The User discontinues providing links to this App if requested by us.
19. Force Majeure
DIYA’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of DIYA, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
21. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to email@example.com.