Terms And Condition
Terms & Condition
Please read.
Your use of the Daily Festival Post platform is subject to these terms of use
and our privacy policy. By using the application, you consent to the collection
and use of your data following our privacy policy.
Dreams Digital Info Mark (DFP) reserves the right at its sole discretion, to change, modify and/or add to
these Terms or to the Privacy Policy, in whole or in part, at any time. Changes
to these Terms or the Privacy Policy will be effective when posted. You agree
to review these Terms and the Privacy Policy periodically to become aware of
any changes. Your use of the App(s) or any part thereof after any changes to
these Terms or the Privacy Policy are posted will be considered acceptance of
those changes and will constitute your agreement to be bound thereby. If you
object to any such changes, your sole recourse will be to stop using the App(s).
1. OWNERSHIP; RESTRICTIONS ON USE
The App(s)
content and all copyrights, patents, trademarks, service marks, trade names,
and all other intellectual property rights therein are owned by Daily Festival
Post and/or its licensors or group companies and are protected by applicable
Indian and international copyright and other intellectual property laws. You
acknowledge, understand, and agree that you shall not have, nor be entitled to
claim, any rights in and to the App(s) content/ Services and/or any portion
thereof. You agree not to copy, reproduce, duplicate, stream, capture, access
through technology or means other than those provided on the App(s), perform,
transfer, sell, resell, download, upload, archive, license to others, edit,
modify, manipulate, create derivative works from or based upon (including,
without limitation, mash-ups, montages, wallpapers, ringtones, greeting cards,
T-shirts or other merchandise), publish, republish, post, transmit, publicly
display, frame, link from or to, distribute, share, embed, translate,
decompile, reverse engineer, incorporate into any hardware or software
application, use for commercial purposes, or otherwise use or exploit the
App(s) or any part thereof. Any of the unauthorized uses referred to above
would constitute an infringement of the copyrights and other proprietary rights
of Daily Festival Post and/or its licensors and a violation of these Terms and
may subject you to civil and/or criminal liability under applicable laws.
2. YOUR RESPONSIBILITIES
Your rights
under any one or more of the Licenses set forth above are conditioned upon Your
compliance with each of the following:
Subject to
availability of these functionalities you will not create or Submit (as defined
below) a User Submission that is unlawful, pornographic, obscene, defamatory,
libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent,
profane, hateful, racially, culturally or ethnically offensive, or that
encourages criminal conduct, or that gives rise, or potentially gives rise, to
civil or criminal liability, or that violates any applicable laws, rules,
regulations or (“Applicable Laws”), or that infringes or violates other
parties’ intellectual property, publicity, or privacy rights or links to
infringing or unauthorized content;
You will not
send spam, chain letters, pyramid schemes, or any other unsolicited or
unauthorized advertising or promotional materials, or harass, bully, stalk,
harm, or otherwise cause mental or physical distress or injury to anyone, or
defame or disparage someone, or engage in any other unlawful or objectionable
conduct while using the App;
You will not
use any one or more of the Licenses granted to you (and any associated
functionality) to collect, obtain, compile, gather, transmit, reproduce,
delete, revise, view, display, forward, any material or information, whether
personally identifiable or not, posted by or concerning any other user of the
App, unless you have obtained prior permission from such user to do so; 5 You
will not remove, alter, interfere with or circumvent any copyright, trademark,
watermark, or other proprietary notices marked/displayed on App(s) content,
Software or Services; 6 You will not remove, alter, interfere with or
circumvent any digital rights management mechanism, device or other content
protection or access control measure (including, without limitation geo-filtering
and/or encryption, etc.) associated with App content;
3. DISCLAIMER OF WARRANTIES
You expressly
agree that your use of the app(s) is at your sole risk. The app(s) (and any
portion of the app(s)) is provided “as is” “with all faults” and “as
available.” to the full extent permitted by law, Daily Festival Post and its
affiliates expressly disclaim any and all warranties of any kind, whether
express or implied (including, without limitation, the implied warranties of
merchantability, fitness for a particular use or purpose and non-infringement).
Neither Daily
Festival Post nor any of its affiliates make any warranties or representations
about the accuracy or completeness of content available on or through the
App(s) or the content of any App, Personal Social Media or other internet or
mobile resources linked to the App(s) and assume no liability or responsibility
for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury
or property damage, of any nature whatsoever, resulting from your access to or
use of the App(s) (or any parts thereof); (iii) any unauthorized access to or
use of our secure servers and/or any and all personal information stored
therein; (iv) any interruption or cessation of transmission to or from the
App(s); (v) for any loss or damage of any kind incurred as a result of the use
of any User Submissions and/or other App(s) content posted, shared, forwarded,
emailed, transmitted, or otherwise made available on or by means of App(s)
and/or otherwise through your or any other App(s) users’ exercise of any rights
under any of the Licenses granted by Daily Festival Post herein. Daily Festival
Post reserves the right, in its sole and exclusive discretion, to change,
modify, add, remove or disable access to any portion of the App(s) (including,
without limitation any of the Services).
4. INDEMNIFICATION
You agree to
indemnify and hold harmless Daily Festival Post and its affiliates and its and
their respective officers, directors, employees, representatives, licensees,
authorized designees, successors and assigns from any and all claims,
liabilities, damages, losses, costs, expenses, fees (including reasonable outside
attorneys’ fees and costs) that such parties may incur as a result of or
arising from (i) any of your User Submissions; (ii) your exercise of any of
your rights granted under the Licenses without your compliance with your
responsibilities set forth in these Terms; (ii) the breach of any of your
warranties, representations, covenants, responsibilities or other obligations
set forth in these Terms; (iii) your violation of any person’s intellectual
property, privacy, publicity or other right; (iv) the violation of any
Applicable Laws and/or these Terms by you and/or anyone using your registered
account to access and/or otherwise use the Site (in whole or in part); or (v)
your wilful misconduct or the wilful misconduct of anyone accessing the App
through your registered account, in connection with your (and/or such other
person’s) use of the App (in whole or in part). Daily Festival Post reserves
the right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with Daily
Festival Post in asserting any available defenses. This provision shall remain
in full force and effect notwithstanding any termination of your use of the App.
5. GOVERNING LAW AND JURISDICTION
The
relationship between you and Daily Festival Post shall be governed by the laws
of India without regard to its conflict of law provisions and for resolution of
any dispute arising out of your use of the Services. Notwithstanding the
foregoing, you agree that (i) Daily Festival Post has the right to bring any
proceedings before any court/forum of competent jurisdiction and you
irrevocably submit to the jurisdiction of such courts or forum, and (ii) any
proceeding brought by you shall be exclusively before the courts at Pune,
Maharashtra, India.
6. SEVERABILITY; WAIVER
If any
provision of these Terms shall be held unlawful, void, or for any reason is
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions. The failure of Daily Festival Post to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of such right or
provision. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to the use of the App(s) or
these Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred. This provision shall remain in full force
and effect notwithstanding any termination of your use of the App(s).
7. CANCELLATION/REFUND POLICY
Daily Festival
Post application may not allow refunds. We have informed you of immense details
before you choose to subscribe button. If you have a query or question, then
you can contact me by e-mail i.e.
We acknowledge
that all fees through the Daily Festival Post application will be
non-refundable.
However, if a
transaction has been completed by you on the application and money has been
debited from your card or net banking but a subscription is not delivered to
you, then you can contact us. We will be requesting you to provide your mobile
number or e-mail id or your name and We shall investigate and come back to you.
Within a working day, we will subscribe to you manually.
Please make
sure that before subscribing, read the refund policy.
8. SUBSCRIPTION
To be able to
view certain premium content (“Premium Content”), you will be required to
subscribe to any one subscription plan (“Plan”) of the Daily Festival Post
App(s) Service viz., the plans available on the App(s) to be able to access the
services which shall be entitled to full fee 365ibility, solely at the
discretion of Daily Festival Post.
You may be
required to subscribe to the Daily Festival Post App(s) Service and such
subscription in a particular geographical territory that shall be valid for
that territory only and shall not automatically entitle you to access your
account from a different geographical territory unless specifically permitted by
Daily Festival Post. You will be required to re-subscribe to the Daily Festival
Post App(s) Services if you wish to use the services from a different territory
other than the one from where you originally subscribed to the Daily Festival
Post App(s) Service.
9. AVAILABILITY
The
availability of content(s) to view through Daily Festival Post App(s) Service
will change from time to time at the sole discretion of Daily Festival Post.
The quality of the display of the streaming video may vary from computer to
computer, and device to device, and may be affected by a variety of factors,
such as your location, the bandwidth available through and/or speed of your
internet connection, and/ or quality of user’s hardware. You are responsible
for all internet access charges. Please check with your internet provider for
information on possible Internet data usage charges.
10. MISCELLANEOUS
The Privacy
Policy (as provided on the Apps(s)), and any other documents, instructions,
etc. included on the Apps(s) shall be read in conjunction with and shall form
an integral part of these Terms of Use.
Contact Us
If you have any questions or concerns about these Terms and Conditions, contact us at [email protected]
By using our App, you agree to abide by these Terms and Conditions.