TERMS AND CONDITIONS OF SERVICE AND USE
1. GENERAL
- The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Mobile Application “ Flintzy Mobile” and its Website Flintzy.com (hereinafter collectively referred to as the “Platform”).
- These Terms of Service apply to all users of the site, including without limitation to users who are browsers, customers, merchants, and/ or contributors of content.
- For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
- “Content” means also the digital media content which is the audio-visual
entertainment in the form of full-length feature films, promotional videos
includes but not limited to trailers, sneak peaks videos and various other
content offered through our Platform (“Content”).
- Customers” shall refer to those willing to avail the content through our
Platform.
- “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the
Company, as the context so requires.
- “You”, “Your”, “Yourself”, “User”, and “Customer” shall mean and
refer to natural and legal individuals who use the Mobile Application or
Website and who is competent to enter into binding contracts, as per
Indian laws
- “Services” refer to sharing and distributing the Content with the
Users/Third parties through the platform decided the Company from time
to time.
- The use of this Platform by the Users is solely governed by these Terms as well as the
Privacy Policy, and any modifications or amendments made thereto by the
Company, from time to time, at its sole discretion. If You continue to access and use
this Platform, you are agreeing to comply with and be bound by the following Terms
and Conditions of Use and Our Privacy Policy. The User expressly agrees and
acknowledges that these Terms and Policy are co-terminus in nature, and that
expiry/termination of either one will lead to the termination of the other.
- The use of the Platform Services is available only to persons who can form legally
binding contracts under Indian Contract Act, 1872. Persons who are incompetent to
contract within the meaning of the Indian Contract Act, 1872 are not eligible to use
the Platform. Without prejudice to the generality of the above, no person under the
age of 18 may use or access the Services or the Content or attempt to enter into any
transactions on our service.
- These terms of use, which include our Privacy Policy, as may be amended or altered
by Company (“Terms of Use”), govern your use of the Services. Your access or use of
the Platform including this website constitutes a legally binding agreement with Us.
2. REGISTRATION
- Registration is mandatory for users who want to promote their content with
us on various platforms.
- Users shall register themselves on the Platform by providing information
including but not limited to personal information such as name, location,
e-mail address, contact number, etc.
- The Users may also link their Facebook/Google accounts with the Platform at
the time of their registration.
- The Registration and use of the Platform is however free of cost and no
charges are applicable for the same.
- Further, at any time during Your use of this Platform, including but not
limited to the time of registration, You are solely responsible for protecting
the confidentiality of Your Username and password, and any activity under
the account shall be deemed to have been done by You.
3. SERVICE OVERVIEW
The Platform is a effective YouTube video distribution platform who has a powerful
network of premium blogs, apps, games, websites and social networks that will
display the Customers video to their right audience.
The Company being a digital marketing platform takes up the responsibility for promoting
but not limited to Youtube Videos which is uploaded by the Customers. The
Company starts its promotion only when the Customer gives its consent by making a
successful payment towards the promotion of the Video and shares the Url with the
Company.
4. CONTENT
- All the Content displayed on the Platform is subject to copyright and shall
not be reused by any party (or third party) without the prior written consent
of the Company and the copyright owner.
- The User is solely responsible for the integrity, authenticity, quality and
genuineness of the content provided on the Platforms and whilst feedback
and comments by Users can be made via the Platform, the Platform bears
no liability whatsoever for any feedback or comments made by the Users or
made in respect of any of the content on the Platform. Further, the Platform
reserves its right to suspend the account of any User for an indefinite period
to be decided at the discretion of the Platform, or to terminate the account
of any User who is found to have created or shared or submitted any
Content or part thereof that is found to be untrue/inaccurate/misleading or
offensive/vulgar. The User shall be solely responsible for making good any
financial or legal losses incurred through the creation/sharing/submission
of Content or part thereof that is deemed to be
untrue/inaccurate/misleading.
- The Users have a personal, non-exclusive, non-transferable, revocable,
limited privilege to access the Content on the Platform. Users shall not copy,
adapt, and modify any content without written permission of the Company.
5. PAYMENTS
- The Payment towards the Service must be made prior which will be
considered as a consent from the Customer.
- Price and currency may vary in accordance to the country you are
located in.
- Payments for the Content shall by made by the User through the PayPal
or other third party payment gateway as available through the Platform.
- The User(s) acknowledges that a minimum of one of the above payment
methods shall be offered on the Platform. The Users are solely
responsible for the genuineness of credentials and payment information
provided on the Platform and the Platform shall not be liable for any
consequences, direct or indirect, resulting from the provision of
incorrect or untrue credentials or payment information by any Users.
- Further, the Platform does not bear any liability for any activities,
breaches, discrepancies or technical problems experienced by the Users
whilst using any third-party payment gateway to make payments. The
relationship between the Users and third-party payment gateway shall
be governed by the Terms of Use and Privacy Policy of the said payment
gateway, and the Platform shall not be associated with any dispute
arising therefrom.
- The Company will not be liable for any credit card fraud. The liability to
use a card fraudulently will be on the user and the onus to 'prove
otherwise' shall be exclusively on the user. To provide a safe and secure
shopping experience, we regularly monitor transactions for fraudulent
activity. In the event of detecting any suspicious activity, the Company
reserves the right to cancel all past, pending and future orders without
any liability.
- The Company will not be liable for any credit card fraud. The liability to
use a card fraudulently will be on the user and the onus to 'prove
otherwise' shall be exclusively on the user. To provide a safe and secure
shopping experience, we regularly monitor transactions for fraudulent
activity. In the event of detecting any suspicious activity, the Company
reserves the right to cancel all past, pending and future orders without
any liability.
- The Company shall disclaim all responsibility and owns no liability to
Users for any outcome (incidental, direct, indirect or otherwise) from
the use of the Services. The Company, as a merchant shall be under no
liability whatsoever in respect of any loss or damage arising directly or
indirectly out of the decline of authorization for any Transaction, on
Account of the Cardholder having exceeded the present limit mutually
agreed by us with our acquiring bank from time to time.
6. Licenses and Intellectual Property
- You may not resell streams or downloads, use any Content for and
commercial purpose, redistribute or retransmit any program, publicly
perform or display any program, or make derivative works from any
Content. All rights not expressly granted herein are reserved by the
applicable Content contributor.
- Unless expressly agreed to in writing, nothing contained herein shall give the
User a right to use any of the Platform’s trade names, trademarks, service
marks, logos, domain names, information, questions, answers, solutions,
reports and other distinctive brand features, save according to the provisions
of these Terms. All logos, trademarks, brand names, service marks, domain
names, including material, designs, and graphics created by and developed by
the Platform and other distinctive brand features of the Platform are the
property of the Company or the respective copyright or trade mark owner.
Furthermore, with respect to the Platform created by the Company, the
Company shall be the exclusive owner of all the designs, graphics and the like,
related to the Platform.
- The User is further aware that any reproduction or infringement of the
intellectual property of the aforementioned owners by the User will result in
legal action being initiated against the User by the respective owners of the
intellectual property so reproduced/infringed upon. It is agreed to by the
Parties that the contents of this Section shall survive even after the
termination or expiry of the Terms and/or Policy.
7. TERM
- These Terms shall continue to form a valid and binding contract between the Parties
and shall continue to be in full force and effect until the User continues to access and
use the Services and Platforms.
- A Customer may terminate their use of the Services and the Platform at any time.
- The Company may terminate these Terms and close a User’s account at any time
without notice and/or suspend or terminate a User’s access to the Platform at any
time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action
against you that the Company considers appropriate.
- It is also hereby declared that the Company may discontinue the Services and
Platforms without any prior notice.
8. TERMINATION
- The Company reserves the right, in its sole discretion, to unilaterally terminate
the User’s access to the Services, or any portion thereof, at any time, without
notice or cause.
- The Platform also reserves the universal right to deny access to particular Users,
to any/all of its Services without any prior notice/explanation in order to protect
the interests of the Platform and/or other visitors to the Platform.
- The Platform reserves the right to limit, deny or create different access to the
Platform and its features with respect to different Users, or to change any of the
features or introduce new features without prior notice.
- The User shall continue to be bound by these Terms, and it is expressly agreed to
by the Parties that the User shall not have the right to terminate these Terms till
the expiry of the same.
9. COMMUNICATION
- By using this Services and Platforms, and providing his/her identity and contact
information to the Company through the Platform, the User hereby agrees and
consents to receiving calls, e-mails or SMSs from the Company and/or any of its
representatives at any time.
- Customers can report to support@flintzy.com if they find any discrepancy with
regard to Service-related information and the Company will take necessary
action after an investigation. The response with resolution (if any issues found)
shall be dependent on the time taken for investigation.
- The User expressly agrees that notwithstanding anything contained
hereinabove, it may be contacted by the Company or any representatives relating
to any service availed of by the User on the Platform or anything pursuant
thereto and the User agrees to indemnify the Company from any and all
harassment claims. It is expressly agreed to by the Parties that any information
shared by the User with the Company shall be governed by the Privacy Policy.
10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform, and
that they:
- Agree to provide genuine credentials during the process of registration on the
Platform. You shall not use a fictitious identity to register. We are not liable if the
User has provided incorrect information.
- Agree to ensure the email address, address and mobile number provided during
account registration are valid at all times and shall keep your information accurate
and up-to-date. The User can update their details anytime.
- Agree that they are solely responsible for maintaining the confidentiality of your
account password. You agree to notify us immediately of any unauthorized use of
your account. We reserve the right to close your account at any time for any or no
reason.
- Understand and acknowledge that the data submitted is manually entered in to the
database of the Platform. The User also acknowledges the fact that data so entered
into the database is for the purpose of easy and ready reference for the User, and to
streamline the Services through the Platform.
- Authorize the Platform to use, store or otherwise process certain personal
information and all published Content, Customer Purchases, Offer redemption's,
Customer locations, User comments, reviews and but not limited to views count,
likes count, subscribers count, comment count, ratings for personalization of
Services, marketing and promotional purposes and for optimisation of User-related
options and Services.
- Allow users to give us access to their youtube analytics account. That will help the
Platform to show customers detailed analytics of the promotion which is done as
their service.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute,
disseminate, post, publish or create derivative works from, transfer, or sell any
information or obtained from the Platform. Any such use/limited use of the Platform
will only be allowed with the prior express written permission of the Company.
11. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company may in its
sole discretion, limit the User’s access and/or activity by immediately removing the
User’s access credentials either temporarily or indefinitely, or suspend/terminate the
User’s association with the Platform, and/or refuse to usage of the Platform to the User,
without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect
information;
- If the User’s actions may cause any harm, damage or loss to the other Users or
to the Company, at the sole discretion of the Company.
12. INDEMNITY
You (the User) agree to indemnify, defend and hold harmless the Company/Platform, its
service providers, and their respective directors, officers, employees and agents
(collectively, "Parties"), from and against any and all losses, liabilities, claims, damages,
demands, costs and expenses (including legal fees and disbursements in connection
therewith and interest chargeable thereon) asserted against or incurred by us that arise
out of, result from, or may be payable by virtue of, any breach or non-performance of
any representation, warranty, covenant or agreement made or obligation to be
performed by You pursuant to these terms of use. Further, you agree to hold us
harmless against any claims made by any third party due to, or arising out of, or in
connection with:
- Your use of the Platform,
- Your violation of these Terms and Conditions;
- Your violation of any rights of another;
- Your alleged improper conduct pursuant to these Services;
- Your conduct in connection with the Platform;
You agree to fully cooperate in indemnifying us at your expense. You also agree not to
reach a settlement with any party without our consent.
13. LIMITATION OF LIABILITY
- The Platform expressly excludes any liability for any loss or damage that was not
reasonably foreseeable by the Platform and which is incurred by you in connection
with the Platform, including loss of profits; and any loss or damage incurred by you
as a result of your breach of these terms.
- To the fullest extent permitted by law, the Platform shall not be liable to you or any
other party for any loss or damage, regardless of the form of action or basis of any
claim. You acknowledge and agree that your sole and exclusive remedy for any
dispute with us is to terminate your use of the Platform.
14. DISCLAIMER OF WARRANTIES AND LIABILITIES
- The User agrees and undertakes that they are accessing the Platform at their sole
risk and are that they are using their best and prudent judgment before availing any
service listed on the Platform or accessing/using any information displayed thereon.
- The User agrees that any kind of information, resources, activities,
recommendations obtained/availed from Platform, written or oral, will not create
any warranty and the Platform disclaims all liabilities resulting from these.
- The Company/Platform does not guarantee that the Services contained in the
Platform will be uninterrupted or error-free, and the User hereby expressly accepts
any and all associated risks involved with the User’s use of the Platform.
- You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
- The Company shall disclaim all responsibility and owns no liability to Users for any
outcome (incidental, direct, indirect or otherwise) from the use of the Services. In no
event will the Company be liable for any loss or damage including without
limitation, indirect or consequential loss or damage, or any loss or damage
whatsoever arising from loss of data or profits arising out of, or in connection with,
the use of the Platform.
- Through this Platform you are able to link to other Platforms which are not under
the control of the Company. We have no control over the nature, content and
availability of those sites. The inclusion of any links does not necessarily imply a
recommendation or endorse the views expressed within them. Every effort is made
to keep the Platform up and running smoothly. However, the Company takes no
responsibility for, and will not be liable for, the Platform being temporarily
unavailable due to technical issues beyond our control.
- Platform shall access public Content from third-party social networking services,
such as YouTube. The Platform uses YouTube API Services, and by using YouTube Content
within Platform’s sites and Services you are agreeing to be bound to YouTube’s
Terms of Service, which can be found at https://www.youtube.com/t/terms and
Google’s Privacy Policy, which can be found at http://www.google.com/policies/privacy.
Third-party social networking services, such as Google and YouTube, may update their Terms of Service and Privacy
Policies from time to time, and Platform is not responsible for the Customers review
of any changes or updates to these. The Customer is recommend to go through
YouTube’s Terms of Service and Google’s Privacy Policy regularly.
- Platform shall access Authorized Data like YouTube Analytics to show the performance of the service provided by our platform with your consent.
You can revoke access to our platform via our platform or via Google security settings page
Our platform deletes the data stored within 30 calendar days from the time you revoke the access to our Platform.
- In no case shall our Company, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted, transmitted, or
otherwise made available via the service, even if advised of their possibility. Because
some states or jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or jurisdictions, our liability
shall be limited to the maximum extent permitted by law.
15.FORCE MAJEURE
Neither the Company nor the Platform shall be liable for damages for any delay or
failure to perform its obligations hereunder if such delay or failure is due to cause
beyond its control or without its fault or negligence, due to Force Majeure events
including but not limited to acts of war, acts of God, earthquake, riot, fire, festive
activities sabotage, labor shortage or dispute, internet interruption, technical failure,
breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
16. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and
performance of these Terms and any disputes arising there from will be resolved
through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further
agreed to by the Parties that the contents of this Section shall survive even after the
termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will
attempt to resolve the same amicably amongst themselves, to the mutual satisfaction
of all Parties. In the event that the Parties are unable to reach such an amicable
solution within thirty (30) days of one Party communicating the existence of a
dispute to any other Party, the dispute will be resolved by arbitration, as detailed
herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a
dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator
to be appointed by the Company, and the award passed by such sole arbitrator will
be valid and binding on all Parties. The Parties shall bear their own costs for the
proceedings, although the sole arbitrator may, in his/her sole discretion, direct
either Party to bear the entire cost of the proceedings. The arbitration shall be
conducted in English, and the seat of Arbitration shall be the city of Bangalore.
The Parties expressly agree that the Terms, Policy and any other agreements entered
into between the Parties are governed by the laws, rules and regulations of India.
17. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User
may be communicated to the Company by the User by emailing to support@flintzy.com.
18.MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy, form the complete and
final contract between the User and the Company with respect to the subject
matter hereof and supersedes all other communications, representations and
agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any
provision of these Terms shall in no manner affect such Party's right at a later
time to enforce the same. No waiver by either Party of any breach of these Terms,
whether by conduct or otherwise, in any one or more instances, shall be deemed
to be or construed as a further or continuing waiver of any such breach, or a
waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal
or unenforceable by any court or authority of competent jurisdiction, the validity,
legality and enforceability of the remaining provisions/clauses of these Terms
shall in no way be affected or impaired thereby, and each such provision/clause of
these Terms shall be valid and enforceable to the fullest extent permitted by law.
In such case, these Terms shall be reformed to the minimum extent necessary to
correct any invalidity, illegality or unenforceability, while preserving to the
maximum extent the original rights, intentions and commercial expectations of
the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the
Platform, or your experience with the Service, you can contact us at support@flintzy.com.