(“Platform”) or any product or service offered on such Platform belonging to BAK digital media Inc (“we”/ “our”/“us”)
is a limited liability company & is subsidiary of Red tortoise digital media Private Limited registered under companies act 2013
and having its office at 360 1st main jakkasandara koramangala Bangalore 560034
(“we”/“us”/“our”) by its customers/ user (“user”/“you”/“your).
Your access, use, and browsing of Platform or accessing any service/ product through any means shall signify your
consent to be legally bound by conditions specified in these Terms. So, kindly read these Terms carefully before
proceeding to access or use the Platform. Any access to the products or services offered on such a Platform through
registration and/or subscription is non-transferable.
We understand that you may have created YouTube digital media content which may be in the form of full length feature
films, reels, promotional video including but not limited to trailers, sneak peaks videos and various other content (“Content”).
The Platform provides the services of channeling up the viewership of Content (“Services”). The use of the Services offered
in the Platform are subject to the following terms:
1. Registration and Account
- The Services are offered only to those users who have registered and created an account on the Platform.
If you have not registered or created an account you shall not be entitled to avail any of the Services offered by Us.
There are no registration charges applicable for signing up and creating an account.
- To create an individual user account, you are required to provide certain essential personal information such as name,
contact information, email address and so on. You confirm and ensure that such information are accurate, realistic and complete.
We shall not be liable in any manner for any discontinuance of the Service due to inaccuracy or incompleteness in the information
provided by you to us.
- You shall keep your account credentials secure and refrain from sharing the same with any third party.
If despite exercising your best efforts there is any unauthorised access of your account, you hereby agree to
immediately notify us of such unauthorised access or breach of security in your account.
- You agree to be solely responsible for the activities that occur on your account. At no point of time shall we be
held responsible for losses caused due to any unauthorised access of your account. You agree to be solely responsible
for any or all losses caused to us due to unauthorised access of your account.
- You also agree and confirm that you shall refrain from using the account that belongs to another user without prior
permission of such user and conversely shall not permit any unauthorised person to access your account. You agree and accept
to be solely responsible for any liability or loss incurred by you as a result of permitting any third party to access your account.
- You can avail Service by making payment of the fees prescribed by us, from time to time. The fees will be paid through PayPaL/Stripe
or as per the instruction provided by us.
- You hereby agree that access to free trial service may be limited by us to such persons and for such duration that we deem appropriate.
- In the event of termination or suspension of your accounts or Services, refund of the fees paid by you will be as per the refund policy.
3. Eligibility Criteria
- In case of an individual user, the access to the Platform shall be available to only those individuals who are above
the age of 18 years and are permitted to enter into legally binding contracts as per laws applicable to such individuals.
- In case of the user being a legal person, the access to the Platform shall be available where such entity is permitted to
enter into a contract under the laws applicable to such entity. Further, individual contracting on behalf of the entity must
be permitted legally and contractually to bind such a legal entity.
4. Access, Permission and Restriction
- Subject to these Term, we hereby grant you a limited, non-transferable, non-exclusive, revocable license to use
the Platform and avail the Services provided therein.
- You hereby understand that such licensing right is subject to the conditions that:
- You shall refrain from distributing in any medium any part of the Service or content without our prior
- You shall not alter or modify any part of the Platform.
- You are entitled to share and publish the Content with us and that the Content does not violate or infringe any
third - party’s rights.
- You shall not access or commercially exploit the Service unless such access or commercial exploitation is authorised by us.
- You shall update the software from which Services are being provided from time to time. These updates are designed to improve,
enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules, and
completely new versions. You agree to receive such updates as a part of the Services.
- You shall comply with all applicable laws, rules and regulations that may be applicable while utilising Services in Platform.
- You agree to use the Platform/Service only for the purpose and to the extent permitted under the Terms.
- You shall not reverse engineer, replicate, reproduce, disassemble the Services on the Platform.
- You shall not remove, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer,
publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services.
- You are obligated to utilise the Service for a reasonable and lawful purpose.
- You shall be liable to defend, indemnify and hold us, our Directors, employees, officers, agents and licensors
harmless from any loss, liability, damage, action or claim including but not limited to reasonable attorney fees,
incurred by us due to any acts or omission directly or indirectly attributable to You.
- You shall be responsible for any breach/non-compliance of these Terms by you or by any person authorised by you to
access Services on your behalf.
- You may be exposed to such content which is inaccurate, offensive, indecent or objectionable and you agree to waive,
and hereby waive, any legal or equitable rights or remedies you have or may have against us in this regard.
- You shall not circumvent, disable or otherwise interfere with security related features of the Service, which security
feature is essential to restrict or prevent use of the contents in any manner that is unauthorised.
5. Representation and Warranty
- You represent and warrant that you have all the rights and authority to enter into and be bound,
or bind a person on whose behalf you provide consent, by these Terms.
- You agree and accept that we have attempted to place our best resources to keep all the information,
and other services updated with the changing requirement. However in view of the highly dynamic nature of
the domain in which we provide Service, you hereby accept that we may not always be able to provide the most
updated version and thus cannot be held responsible or liable for default in updating the same.
- You hereby agree and accept that we do not make any representation and warranty that the Service provided by us
shall be continuous, uninterrupted, error free or free from any viruses or shall serve the purposes intended by you.
- You agree to give us access to your YouTube analytics account.
- All information and the Services provided by us on the Platform or as a part of Service shall be on AS IS basis and
you are advised to consult an expert before placing any reliance on such information.
- Notwithstanding anything contained herein, all the representation and warranties extended hereunder shall be excluded,
except to the extent permitted by law.
- You agree and accept that the Service provided by us may be discontinued, interrupted or disrupted due to circumstances
that are beyond our control (“Force Majeure”) and in such event, we shall not be held responsible or liable for any such
discontinuation, interruption or disruption.
- You represent and warrant that you have not, and shall not, enter into any agreement or arrangement that shall
impose upon you an obligation to breach the terms and conditions contained in these Terms.
6. Advertisement and Third party content
The Platform may contain advertisement or links to any third party website, application, product and/or service that may or may
party site or advertisement. Additionally, we cannot and shall not censor or edit the content of any third party site or advertisement.
We shall not be a party to any transaction or agreement entered into by you with any such advertiser or website. We shall not, and
cannot, be held responsible for loss, damage, injury and/or liability incurred by you as a result of your interaction with such a
third party or placing any reliance on the content matter directed to you by the link or advertisement. We, however, advise you to read
link or advertisement.
7. Personal Information
- We may even collect certain personal and personally identifiable information from you. Such personally
- You hereby acknowledge that you may disclose certain information to payment gateways for making payment for our Services.
In this regard, you acknowledge that we shall not be liable for any loss, damage, injury or liability incurred by you as a
result of collection, storage, processing or disclosure by such payment gateways of your information.
8. Intellectual Property
- All intellectual property rights vesting in the Platform or Service shall solely belong to us. You represent and warrant
that you have all the necessary right, title, authorisation and entitlement to subject the Content to the Services.
You authorise us to share the Content with our affiliates to perform the Services (or any part thereof).
- We greatly appreciate all feedback and suggestions received from you. However, we request you to refrain from submitting
any ideas or suggestions with regard to the Platform/Service. Such restriction is imposed to avoid any potential misunderstanding
that may arise regarding ownership of such ideas or suggestions. In the event you continue to provide any idea or suggestion without
due regard to the request contained herein, you hereby grant upon us, a worldwide, non-exclusive, royalty free right to deal, use,
apply, modify, sale, or offer for sale any such idea or suggestion.
9. Indemnity and Liability
- You hereby agree and accept to indemnify and keep us indemnified from any loss, damage, injury, action,
claim or liability incurred by us due to act or omission directly or indirectly attributable to you.
- In no event shall we, our directors, employees, associates, partners, affiliates or subsidiaries be responsible
for any actual or anticipated loss, profits, goodwill, revenues, income, or for any consequential, special, incidental,
punitive, exemplary or other indirect losses or damages whether arising out of or related to these Terms or from use of
the Platform and its Services including those in contract, tort (including negligence) regardless of whether such loss was foreseeable
or even if we have been advised of the possibility of such damages or loss.
- Additionally, we shall not be liable for any destruction, deletion, impairment, loss, modification or any other damage or
loss caused while accessing our Platform or while utilising any our Service.
- You agree and accept that you are using the Services solely at your own cost or risk and reiterate that we cannot be held
responsible or liable in any manner for any loss, damage, claim, action or liability incurred by you as a result of accessing our
Platform or utilising any Services provided thereunder.
10. Cancellation and refund
You are entitled to cancel the Service by placing a request for cancellation in a manner as is specified at the Platform.
The refund shall be subject to Refund Policy.
11. Termination of account
- You agree and accept that we are entitled to terminate your account if:
- we are of the opinion that your actions or inactions are in breach of any terms and conditions contained in these Terms;
- We are of the opinion that continued provision of Services to you shall materially affect our business interest; and
- We are of the opinion that continued provision of Services to you attracts any legal, regulatory, judicial actions or
sanctions against us.
- Upon termination of your account we may discontinue your access to Service provided by us. We may, at our sole discretion,
require you to delete, modify or return all the Services rendered to you prior to such termination.
12. Amendment and Modification
We may, at our sole discretion, change, alter, modify or revise the terms and conditions contained in these Terms.
Although we may attempt to notify you, in whole or in part, of any changes, modification or alteration to these Terms,
however, the responsibility to periodically review and update yourself of any such change, modification or alteration shall
be solely upon you. Your continued usage of our Platform/Services subsequent to any such change, alteration, modification
or revision shall be deemed as your unequivocal consent to such changes, altered, modified or revised version of Terms.
These Terms and other policies implemented by us from time to time shall form an entire agreement and understanding
between you and us.
If any part of these Terms are found unlawful or otherwise unenforceable by any Court of competent jurisdiction,
such part shall be made severable and the rest of these Terms shall continue to be in full force and effect.
We may, at our discretion, modify or alter such unlawful and unenforceable conditions in Terms in such manner
that shall eliminate such unlawfulness or unenforceability.
Any leniency or time taken by the us in initiating appropriate action against you shall not be construed
as a waiver of our right and shall not prevent the us from taking appropriate action at a later stage.
All the requests, notices, suggestions and/or communications must be directed to us must at such address as is
specified in the Platform.
- If there are any issues with the Services, the User can report the same at email@example.com. The response/ resolution to the matter
shall be provided based on the nature of the issue.
17. Governing Law and Jurisdiction
Any question of law arising under these Terms shall be decided in accordance with the laws of Republic of India.
The Courts of Bengaluru shall have exclusive jurisdiction over any and all claims arising out of these Terms. Any claim,
dispute or legal proceeding arising with regard to the Terms of this Agreement shall first be resolved amicable through
arbitration by an Arbitrator duly appointed in this behalf by the Us. The Arbitration proceeding shall be governed by the
Arbitration and Conciliation Act, 1996. The seat and venue for Arbitration shall be Bengaluru. The Arbitration proceeding
shall take place in English.