People use NewsReach Marketplace to buy/sell/license content on a daily basis. It is a platform to create a content ecosystem where content contributors can sell their authentic and original content to reputed publication houses. The platform encourages the content contributor to publish in their native language to promote hyper local content.
NewsReach understands the importance of people's voices and we take our role as an intermediary in keeping any kind of inappropriate content off the platform. That’s why we have developed standards of what is and isn’t allowed on the platform.
These standards are created keeping in mind the people’s feedback to keep the quality of content being uploaded on the marketplace 100% authentic and original. To ensure everyone’s voice is valued, we take great care to create standards that include different views and beliefs, especially from people and communities that might otherwise be overlooked or marginalized.
Our commitment to voice
Our goal is to create one of its kind content ecosystem. The standards are created keeping in mind that no voices are neglected, even if some may disagree or find them objectionable. However, certain types of content may be allowed to be hosted in public interest on a case to case basis. We do this only after weighing the public interest value against the risk of harm, and we look to human rights standards to make these judgments.
Our commitment to expression is utmost, but we recognize the internet creates new and increased opportunities for abuse. For these reasons, we have created standards in service of the following values :
- Authenticity : We want to make sure the content being sold/licensed on the marketplace is authentic. We believe that authenticity creates a better environment for content contributors, and that’s why we don’t want people using the marketplace to spread fake news or content that is inappropriate or disrespectful to any person or community.
- Safety : We are committed to making NewsReach Marketplace a safe place. We remove content that is flagged or contributes to a risk of harm to the physical security of persons. Content that threatens people and has the potential to intimidate, exclude or silence others isn’t allowed on the marketplace.
- Privacy : We’re committed to protecting personal information of both contributors and publishers. Privacy gives people freedom to be themselves by choosing when and how to share content on the marketplace.
- Dignity : We believe that all the people are equal in dignity and rights. We expect that people will respect the dignity of others and not harass or degrade others.
Our community standards apply to everyone using the NewsReach Marketplace and to all types of content. Being an intermediary, we do not control what the contributors host, however on the content being flagged, we evaluate if the content breaches any guidelines or other agreements.
VIOLENCE AND CRIMINAL BEHAVIOR
We aim to prevent all and any kind of content that may incite other users or that may instigate violence. While we understand that people commonly express disdain or disagreement by threatening or calling for violence in non-serious ways, we remove language that incites or facilitates serious violence. We remove content, disable accounts and work with law enforcement when we believe the content is offensive and inappropriate.
Do Not Post:
Threats that could lead to death (and other forms of high-severity violence) and admission of past violence targeting people or places where threat is defined as any of the following:
- Statements of intent to commit high-severity violence. This includes content where a symbol represents the target and/or includes a visual of an armament or method to represent violence.
- Calls for high-severity violence including content where no target is specified but a symbol represents the target and/or includes a visual of an armament or method that represents violence.
- Statements advocating for high-severity violence.
- Aspirational or conditional statements to commit high-severity violence.
- Statements admitting to committing high-severity violence except when shared in a context of redemption, self-defense or when committed by law enforcement, military or state security personnel.
Content that asks, admits to offering or offers services for hire to kill others (for example, hitmen, mercenaries, assassins) or advocates for the use of a hitman, mercenary or assassin against a target
Admissions, statements of intent or advocacy, calls to action, or aspirational or conditional statements to kidnap or abduct a target or that promotes, supports or advocates for kidnapping or abduction Content that depicts kidnappings or abductions.
Threats of high-severity violence using digitally-produced or altered imagery to target living people with armaments, methods of violence or dismemberment
Threats that lead to serious injury (mid-severity violence) and admission of past violence toward private individuals, unnamed specified persons, minor public figures, high-risk persons or high-risk groups where threat is defined as any of the following:
- Statements of intent to commit violence, or
- Statements advocating violence, or
- Calls for mid-severity violence including content where no target is specified but a symbol represents the target, or
- Aspirational or conditional statements to commit violence, or
- Statements admitting to committing mid-severity violence except when shared in a context of redemption, self-defense, fight-sports context or when committed by law enforcement, military or state security personnel.
Content about other target(s) apart from private individuals, minor public figures, high-risk persons or high-risk groups and any credible:
- Statements of intent to commit violence, or
- Calls for action of violence, or
- Statements advocating for violence, or
- Aspirational or conditional statements to commit violence
Threats that lead to physical harm (or other forms of lower-severity violence) towards private individuals (self-reporting required) or minor public figures where threat is defined as any of the following:
- Private individuals (name and/or face match are required) or minor public figures that includes:
- Statements of intent, calls for action, advocating, aspirational or conditional statements to commit low-severity violence
Instructions on how to make or use weapons if there is evidence of a goal to seriously injure or kill people through:
- Language explicitly stating that goal, or
- Photos or videos that show or simulate the end result (serious injury or death) as part of the instruction.
Providing instructions on how to make or use explosives, unless there is clear context that the content is for a non-violent purpose (for example, part of commercial video games, clear scientific/educational purpose, fireworks or specifically for fishing) Any content containing statements of intent, calls for action, conditional or aspirational statements, or advocating for violence due to voting, voter registration or the administration or outcome of an election Statements of intent or advocacy, calls to action, or aspirational or conditional statements to bring weapons to locations, including but not limited to places of worship, educational facilities, polling places or locations used to count votes or administer an election (or encouraging others to do the same).
We care deeply about the safety of the people who use NewsReach Marketplace. We regularly reform our terms with consultation to industry experts and government guidelines.
Do Not Post:
Content that promotes, encourages, coordinates, or provides instructions for
- Eating disorders.
Content that depicts graphic self-injury imagery
It is against our policies to post content depicting a person who engaged in a suicide attempt or death by suicide
Content that focuses on depiction of ribs, collar bones, thigh gaps, hips, concave stomach, or protruding spine of scapula when shared together with terms associated with eating disorders
Content that contains instructions for drastic and unhealthy weight loss when shared together with terms associated with eating disorders.
Content that mocks victims or survivors of suicide, self-injury or eating disorders who are either publicly known or implied to have experienced suicide or self-injury
Child Sexual Exploitation, Abuse and Nudity
We do not allow content that sexually exploits or endangers children.
Do Not Post:
Content or activity that threatens, depicts, praises, supports, provides instructions for, makes statements of intent, admits participation in or shares links of the sexual exploitation of children (real or non-real minors, toddlers or babies), including but not limited to:
- Sexual intercourse
- Explicit sexual intercourse or oral sex, defined as mouth or genitals entering or in contact with another person's genitals or anus, where at least one person's genitals are nude.
- Implied sexual intercourse or oral sex, including when contact is imminent or not directly visible.
- Stimulation of genitals or anus, including when activity is imminent or not directly visible.
- Presence of by-products of sexual activity.
- Any of the above involving an animal.
- Children with sexual elements, including but not limited to:
- Focus on genitals.
- Presence of an aroused adult.
- Presence of sex toys.
- Sexualised costume.
- Staged environment (for example, on a bed) or professionally shot (quality/focus/angles).
- Open-mouth kissing.
- Content of children in a sexual fetish context.
- Content that supports, promotes, advocates or encourages participation in paedophilia unless it is discussed neutrally in an academic or verified health context.
- Content that identifies or mocks alleged victims of child sexual exploitation by name or image.
Content that solicits:
- Child Sexual Abuse Material (CSAM)
- Nude imagery of children
- Sexualized imagery of children
- Real-world sexual encounters with children
Content that depicts child nudity where nudity is defined as:
- Close-ups of children’s genitalia
- Real nude toddlers, showing:
- Visible genitalia, even when covered or obscured by transparent clothing.
- Visible anus and/or fully nude close-up of buttocks.
- Real nude minors, showing:
- Visible genitalia (including genitalia obscured only by pubic hair or transparent clothing)
- Visible anus and/or fully nude close-up of buttocks.
- Uncovered female nipples.
- No clothes from neck to knee - even if no genitalia or female nipples are showing.
- Digitally-created depictions of nude minors, toddlers or babies unless the image is for health or educational purposes.
Content that praises, supports, promotes, advocates for, provides instructions for or encourages participation in non-sexual child abuse.
Any content that violates the privacy of any individual or organization is not appreciated on the marketplace.
Do Not Post
- Personal identity including but not limited to Passport number, aadhar number, PAN number.
- Personal Information including but not limited to records or official documents, license number, work status.
- Digital identity including but not limited to email address, passwords, pins to access private information
- Personal contact information
- Financial Information
- Residential Information
- Content that exposes any of the above information
We define hate speech as a direct attack against people - rather than concepts or institutions - on the basis of what we call protected characteristics: race, ethnicity, origin, disability, religion, caste, sexual orientation, sex, gender and serious direase. We define attacks as violent or dehumanizing speech, harmful stereotypes, statements of inferiority, expressions of contempt, disgust or dismissal, cursing and calls for exclusion or segregation.
Do Not Post
Content targeting a person or group of people (including all groups except those who are considered non-protected groups described as having carried out violent crimes or sexual offenses or representing less than half of a group) on the basis of their aforementioned protected characteristic(s) or immigration status with:
- Violent speech or support in written or visual form
- Dehumanizing speech or imagery in the form of comparisons, generalizations, or unqualified behavioral statements (in written or visual form) to or about:
- Animals that are culturally perceived as intellectually or physically inferior.
- Filth, bacteria, disease and feces.
- Sexual predator.
- Violent and sexual criminals
- Other criminals (including but not limited to “thieves,” “bank robbers,” or saying “All [protected characteristic or quasi-protected characteristic] are ‘criminals’”).
- Statements denying existence.
- Mocking the concept, events or victims of hate crimes even if no real person is depicted in an image.
- Designated dehumanizing comparisons, generalizations, or behavioral statements (in written or visual form) that include:
- Black people and apes or ape-like creatures.
- Black people and farm equipment.
- Caricatures of Black people in the form of blackface.
- Jewish people and rats.
- Jewish people running the world or controlling major institutions such as media networks, the economy or the government.
- Denying or distorting information about the Holocaust.
- Muslim people and pigs.
- Muslim person and sexual relations with goats or pigs.
- Mexican people and worm-like creatures.
- Women as household objects or referring to women as property or "objects".
- Transgender or non-binary people referred to as "it".
- Dalits, scheduled caste or ‘lower caste’ people as menial laborers.
Violent and Graphic Content
We remove content that glorifies violence or celebrates the suffering or humiliation of others because it may create an unsafe environment.
Photos or Videos of people or dead bodies in non-medical settings if they depict
- Visible internal organs; partially decomposed bodies.
- Charred or burning people unless in the context of cremation or self-immolation when that action is a form of political speech or newsworthy.
- Victims of cannibalism.
- Live streams or photos of capital punishment of a person
INTEGRITY AND AUTHENTICITY
- Account Integrity and Authentic Identity
We will restrict or diable the account on the marketplace if you:
- Represent dangerous individuals or organizations
- Create fake accounts on the platform
- Use an account belonging to someone else
- Impersonate other individuals to use the platform
- Are under 18 years old
- Creating a new account to bypass a restriction or after we have disabled your previous account
We work hard to limit the spread of spam because we do not want to allow content that is designed to deceive, or that attempts to mislead users, to increase viewership.
- Using spam links within the content
- Directing users off the content through deceptive or misleading use of URLs
- Using misleading content
- Incorporating deceptive pop-up website links within the content
- False hyperlinks leading to deceptive landing page
In line with our commitment to authenticity, we don't allow people to misrepresent themselves on the platform or use fake accounts.
- Create or use multiple accounts between multiple people
- Mislead people by using false information for the profile
Misinformation has no particular way to articulate a comprehensive list of what is prohibited.
Misinformation we remove:
- Misinformation or unverified rumors that are a part of content
- Harmful health misinformation which includes but not limited to information about vaccines, health during health emergencies, promoting or advocating for harmful miracle cures for health issues.
- Misinformation that is likely or directly contributes to a risk of interference with people’s ability to participate in election or census.
- Manipulated media
RESPECTING INTELLECTUAL PROPERTY
We take intellectual property rights seriously and believe they are important to promoting expression, creativity and innovation. You own all the content and information you upload on the marketplace. However, before publishing content on the marketplace, please be sure you have the right to do so. We request that you respect other people’s copyrights, trademarks and other legal rights.
Our terms of service do not allow people to post content that violates someone else’s intellectual property rights, including copyrights and trademarks.
Upon receipt of a report from a rights holder or an authorized representative, we will remove or restrict content that engages in:
- Copyright infringement
- Trademark infringement
CONTENT-RELATED REQUESTS AND DECISIONS
- User request for the removal of their own account
- Requests for removal of a deceased user’s account from a verified immediate family member or executor
- Requests for removal of an incapacitated user’s account from an authorized representative
Additional Protection of Minors
- Requests for removal of an underage account
- Government request for removal of child abuse imagery depicting
- Legal guardian requests for removal of underage account
This License Agreement (“Agreement”) is a legal agreement between the Licensee (as defined below) and the Licensor (as defined below), and applies to license of the Licensed Content (defined below) by the Licensor to the Licensee through the website https://www.mp.newsreach.com (the "Website") operated by Vyomeen Media Private Limited, having its registered office at 602, Avior Corporate Park, Opp. Johnson & Johnson, LBS Road, Mulund (W), Mumbai, 400080 (“NewsReach”).
THE LICENSOR AND LICENSEE HEREBY ACKNOWLEDGE AND AGREE THAT NEWSREACH IS NOT A PARTY TO THIS AGREEMENT AND NO CLAIM SHALL BE MADE BY THE LICENSOR, THE LICENSEE OR ANY OF THEIR AFFILIATES AGAINST NEWSREACH OR ITS AFFILIATES FOR ANY LOSS, DAMAGE OR ANY DISPUTE RELATING TO THE LICENSED CONTENT, AND THE LICENSOR AND THE LICENSEE WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTIONS AGAINST NEWSREACH TO THE FULL EXTENT PERMITTED UNDER LAW. THE LICENSEE AND THE LICENSOR HEREBY AGREE AND ACKNOWLEDGE THAT NEWSREACH ONLY PROVIDES A MARKETPLACE FOR THE LICENSE OF LICENSED CONTENT, AND NEWSREACH’S ROLE IS LIMITED TO COLLECTING LICENSE FEE FROM THE LICENSEE ON BEHALF OF THE LICENSOR.
THE LICENSOR AND LICENSEE HEREBY AGREE TO JOINTLY AND SEVERALLY INDEMNIFY NEWSREACH AND ITS EMPLOYEES, PARENTS, AFFILIATES AGAINST ANY CLAIM, DAMAGE, EXPENSE OR OTHER LOSS INCURRED BY THEM AS A RESULT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE MATTERS REFERENCED HEREIN.
- b. “Content” includes any image, text, photograph, motion picture, sound, data, API or any other form of Content uploaded, added, removed, modified, stored or otherwise made available by a Content Contributor/ Licensor on the Newsreach Platform being the subject matter of this agreement. Any reference in this Agreement to the Licensed Content shall be to each individual item within the Licensed Content and also to the Licensed Content as a whole.
- c. "Invoice" means the computer-generated or pre-printed invoice provided to the Licensee through the Website that may include, without limitation, details of the Licensor, Licensee, the Licensed Content, the type of license granted (Clause 2), any limitations on the Licence in addition to those specified herein, additional key terms of the licence and the corresponding License Fee for licence of the Licensed Content.
- d. "Licensee" means the user who has registered as Publisher on the NewsReach Marketplace and set forth in the applicable Invoice as the "licensee" and receiving the rights to the Licensed Content as specified hereunder.
- e. "Licence Fee" means sums payable to the Licensor by Licensee in respect of license of the Licensed Content.
- f. "Licensor" means the user who has registered as “Content Contributor” on the NewsReach Marketplace and set forth on the Invoice as the "licensor" and granting the license in respect of the Licensed Content as specified in the Invoice and hereunder.
Explanation - For the avoidance of doubt, in no event shall NewsReach be deemed for any purposes hereunder as the Licensor.
- g. "Reproduction" or “Reproduce” Includes any form of copying or publication or incorporation of the whole or part of any Licensed Content whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Licensed Content (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting product may not appear to a reasonable person to be derived from the Licensed Content.
2. LICENCE GRANT
A. GENERAL AND PREMIUM LICENCE
The Licensor hereby grants the Licensee a Perpetual, meaning there is no expiry or end date on your rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Any and all media, meaning content can be used in print, in digital or in any other medium or format. Non-Exclusive, meaning that Publisher does not have exclusive rights to use the content and that the Content Contributor can license the same content to other Publishers as specified herein below (General and Premium), to use, reproduce, create derivative works, distribute, and publicly display and perform the Work and derivative works thereof, in whole or in part, as a separate work or as part of a collective work. The foregoing will apply to all mediums now known or hereafter existing and subject to the limitations set forth herein.
For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish or otherwise make use of.
The Type of Licence and the Price of the Content offered by the Licensor shall be displayed on the Product/ Content Page.
- a. The Publisher may, subject to restrictions herein below, use the content worldwide and in any manner the Publisher desires.
- b. There is no restriction on the number of users that may Licence the content under General Licence. However, the Content Creator reserves the right to modify the content from the Marketplace without notice. Further, such modification shall be without prejudice to the rights acquired by the Licensee Publishers prior to such modification. The consideration payable for such content shall be displayed on the Content page.
- c. The Publisher shall not use and exploit the content in such a manner that may prejudicially or otherwise affect the rights of the Content Contributor or other Publisher Licensees.
- a. The content offered under Premium License is restricted to a fixed number of Publishers that may License the said content. The number of Publishers that may License the said content shall be displayed on the content page.
- b. The consideration payable for such content shall be displayed on the Content page.
- c. The content is available on a “first come” and “as available” basis and the rights under this License shall not pass until the payment is done.
- a. The Licensor hereby grants the Licensee a Perpetual, meaning there is no expiry or end date on your rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Any and all media, meaning content can be used in print, in digital or in any other medium or format. Exclusive, meaning that Publisher has exclusive rights to use the content and is subject to the limitations set forth herein.
- b. The Publisher is exclusively entitled to commercial exploitation of the Exclusive Licensed Content to the exclusion of others.
- c. The ownership of the content however vests with the Content Contributor and the Publisher shall not exploit the content so as to prejudicially affect the rights of the Content Contributor.
3. RESTRICTIONS ON USE OF LICENSED CONTENT
- a. The Licensee shall not make the Licensed Content available in any medium in a manner intended to allow or invite persons to download, distribute or extract the Licensed Content. Nor shall the Licensee keep in possession or store any high-resolution files of the Licensed Content on its server, any digital media, disk or drive, whether online or in any other medium, from where a third party can have access to the Licensed Content.
- b. The Licensed Content (or any part of them) cannot be incorporated into a logo, trademark, business name, design mark or service mark.
- c. The Licensee shall not sublicense or resell or assign or gift any Licensed Content or otherwise make it available for use or distribution separately. The Licensee may use the Licensed Content as an integral part of a web page design, but shall not make available the Licensed Content for downloading separately or in a format designed or intended for permanent storage or re-use by its website users. Licensee may provide to its customers with copies of the Licensed Content as an integral part of a work product as per the Agreement, but shall not provide them with the Licensed Content or permit them to use Licensed Content separately.
- d. Pornographic, defamatory, libellous, immoral, obscene, fraudulent or otherwise unlawful use of the Licensed Content is strictly prohibited, whether directly or in context or in juxtaposition with specific subject matter. The Licensee agrees not to use the Licensed Content for any sensitive subject matter, including, but not limited to, sex related products and services, dating or similar services, political endorsements, substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments, homosexual or alternative lifestyle issues, and physical or mental abuse or any other manner prohibited under the law in force in India.
- e. If any Licensed Content featuring a model is used
- (i) in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or
- (ii) in a manner that the depiction of the model in the Licensed Content would be unflattering or unduly controversial to a reasonable person, or
- (iii) along with some descriptive information, including, but not limited to name, educational qualification, age, career related information, the Licensee shall accompany each such use with a statement indicating that the person is a model and the Image is being used for “illustrative purposes only”. Any of the body parts or basic features of the models in the Licensed Content should not be cropped, altered, manipulated or distorted without a prior written approval of the Licensor. Licensee shall not use any Licensed Content featuring any model or a person in a way that places the model or person depicted in the Licensed Content in a bad light or implies that the model or the person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
- f. The Licensee shall not use the Licensed Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- g. The Licensee shall not use any Licensed Content on a third party website that claims to acquire rights in the Licensed Content contrary to this Agreement as a result of such use.
- h. The Licensee shall not use any Licensed Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Licensed Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor).
- i. Licensee shall not use any Licensed Content in a manner that competes with NEWSREACH’s or Licensor’s business including, but not limited to, displaying Licensed Content in any format (including thumbnails) for download or export on a website or offering Licensed Content for sale or license.
- j. Use "stills" derived from Motion Picture/Videos except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
- k. The Licensee shall not use or display any Licensed Content in such a manner that gives the impression that the Licensed Content is created by Licensee or a person other than the copyright holder of the Licensed Content.
- l. The Licensee shall not use the Licensed content contrary to the type of rights granted or in breach of this Agreement.
The rights granted under General and Premium License are non-transferable and non-sub licensable, meaning that you, the Publisher, cannot transfer or sublicense them to anyone else.
There are two exceptions to this:
- a. Employer or client. If you, the Publisher, are licensing the content on behalf of your employer or client, then your employer or client can use the content. In that case, you, the Publisher, represent and warrant that you have the full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights acquired under license may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of licensing. In other words, if you purchase a royalty-free image, only one of you (and not both) may reuse that image for multiple projects.
- b. Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.
5. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT ISSUES, AND IMAGE CREDITS
- a. The Licensor is the sole and exclusive owner of all the Licensed Content.
- b. No ownership or copyright in any Licensed Content shall pass to Licensee by the issue of the license herein this Agreement.
- c. Licensor's copyright notice and the Licensed Content identification reference which appear in the Licensed Content file must remain with the Licensee’s digital copy of the Licensed Content at all times. Licensee shall retain the copyright notice, the Licensor’s name and the respective artist, and any other information or metadata that is embedded in the electronic file that comprises any Licensed Content that Licensee has downloaded from the Website. Failure to maintain the integrity of the copyright information will constitute a breach of this Agreement.
- d. Licensee shall immediately notify the Licensor if Licensee becomes aware of or suspect that any third party has gained access to the Licensed Content through Licensee, and is wrongfully using the Licensed Content, in whole or in part, or is violating any of Licensor's intellectual property rights, including, but not limited to, trademarks and copyrights.
- e. Any use of the Licensed Content in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement and other violations, entitling the Licensor to exercise all rights and remedies available to it under copyright laws and other laws in India. Licensee shall be responsible for any damages resulting from any such copyright infringement and other violation, including any claims by a third party.
- f. Licensee shall make sure that Licensee examines the Licensed Content for possible defects (whether digital or otherwise) before sending the Licensed Content for reproduction. The Licensor shall not be liable for any loss or damage suffered by the Licensee or any third party arising from any alleged or actual defect in any Licensed Content or its caption or in any way from its Reproduction.
6. WARRANTY AND LIMITATION OF LIABILITY
The Licensor warrants that:
- (i) it has all necessary rights and authority to enter into and perform this Agreement;
- (ii) the Licensed Content will be free from defects in material and workmanship for thirty (30) days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Content or refund of the purchase price, at Licensor’s sole option);
- (iii) Licensee's use of the Licensed Content in its original form (i.e., excluding any modifications, overlays or re-focusing by Licensee), and when used strictly in accordance with this Agreement, will not infringe on any copyrights or moral rights of any person or entity, and
- (iv) if a release is provided by the Licensor under Clause 8, the Licensee's use of the Licensed Content in its original form, and when used in accordance with this Agreement will not infringe on any trademark or any right of privacy or right of publicity.
THE LICENSED CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LICENSOR DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED CONTENT OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSOR DOES NOT WARRANT THAT THE LICENSED CONTENT, OR OTHER MATERIALS PROVIDED ALONG WITH THE LICENSED CONTENT, WILL MEET THE LICENSEE’S REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE LICENSED CONTENT AND ITS DELIVERY SYSTEM IS SOLELY WITH THE LICENSEE.
UNLESS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, IN NO EVENT SHALL THE LICENSOR, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, MEMBERS BE LIABLE TO THE LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, COSTS OR LOSSES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), COMMON LAW OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, IN ANY WAY CONNECTED WITH THE USE OF THE LICENSED CONTENT, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. IF THAT IS TRUE IN THE LICENSEE’S JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, THE LICENSOR LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS SUPPLYING YOU THE LICENSED CONTENT AGAIN. WITHOUT LIMITING ANY OTHER TERM HEREIN, THE LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE LICENSED CONTENT BY THE LICENSEE OR THE CONTEXT IN WHICH LICENSED CONTENT IS USED IN A LICENSEE WORK.
The Licensor does not warrant the accuracy of the captioning, keywords or any other information associated with the Licensed Content, as well as the integrity of Editorial Licensed Content.
7. PAYMENTS AND REFUNDS
- a. No rights shall be granted to the Licensee herein as per this Agreement and no Reproduction of any Licensed Content is authorized until payment of License Fee in full has been received by NEWSREACH (on the behalf of the Licensor) from the Licensee.
- b. Any Reproduction by Licensee or on Licensee’s behalf prior to payment being received by the Licensor constitutes a breach of this Agreement which entitles the Licensor to immediately terminate this Agreement and further constitutes an infringement of copyright.
- c. The Licensor/ Content Contributor shall be under no obligation to issue a refund of the License Fee under any circumstances unless required by law or if the Licensor commits any breach of this Agreement or any other agreement(s) entered into by the Licensor/ Content Contributor. A reference may also be made to the Refund Policy.
- a. Licensee agrees to indemnify, defend, and hold the Licensor and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors, employees and service providers harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from Licensee’s unauthorised use of any Licensed Content, or any other breach by Licensee of any of its obligations under this Agreement, or Licensee's failure to obtain any required release. Such indemnification is in addition to Licensor’s right to terminate for a breach of the representations and warranties and is not a waiver or limitation of Licensor’s other rights or remedies.
- b. Provided Licensed Content is only used in accordance with this Agreement and the Licensee is not otherwise in breach of this Agreement and as Licensee's sole and exclusive remedy for any alleged or actual breach of the representations and warranties set forth in Clause 5, The Licensor shall subject to Clauses 5, 8 (c) and 10 (b), defend, indemnify and hold Licensee harmless from all damages (except punitive damages not directly attributable to acts of the Licensor), liabilities and expenses (including reasonable attorneys' fees and permitted and authorized costs) arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that the Licensor is in breach of its warranties as set forth in Clause above. Provided, however, that the aggregate maximum liability of the Licensor to any Licensee under this Agreement and any other agreement, regardless of the number, file size, or the use or exploitation of any or all of the Licensed Content in any manner whatsoever, shall be limited to an aggregate of 10,000 INR.
- c. The party seeking indemnification pursuant to this Section shall promptly notify the other party of such claim. At the indemnifying party's option, the indemnifying party may assume the handling, settlement or defence of any claim or litigation, in which event the indemnified party shall cooperate in the defence of any such claim or litigation. Indemnified party shall have the right to participate in such litigation, at its own expense, through counsel selected by the indemnified party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
- a. The Licensor shall notify Licensee if it has obtained a model release and/or a property release for the Licensed Content on the Website, or by written notice to the Licensee. The warranty and indemnity set forth in Clause 5(a)(iv) and 8(a) are only provided if and when such written notification is given by the Licensor. If no such notification is given by the Licensor, then no such model or property release has been obtained, and thereby, the warranty and indemnity as set forth in Sections 5(a)(iv) and 8(a) would become void and not enforceable.
- b. Except where Licensee is specifically notified that a model and/or property release has been obtained by the Licensor, the Licensor does not grant any rights or makes any warranties with regard to the use of models, people, names, trademarks, logos, uniforms, designs or artistic works or architecture depicted in any Licensed Content. Licensee shall be solely responsible for determining whether a release is required in connection with any proposed use of the Licensed Content, and Licensee shall be solely responsible for obtaining any required release.
- c. In respect of any release delivered with any Editorial Licensed Content, the Licensor does not make any representation, warranty or guarantee as to its sufficiency with regard to any use of the Licensed Content made by the Licensee.
d. The Licensee shall obtain all necessary individual, model, property, team logo, trademark, audio and other releases, approvals and clearances from third parties as may be required for the Licensee's use of the Licensed Content prior to using the Licensed Content.
- a. Notwithstanding any term of this Agreement, the Licensor reserves the right to terminate this Agreement in the event Licensee:
- (i) enters the Agreement after having received notice of unauthorized use from the Licensor relating to the Licensed Content; or
- (ii)otherwise breaches the terms of this Agreement. Upon termination, Licensee must immediately
- (i) stop using the Licensed Content;
- (ii) destroy or delete all copies and archives of the Licensed Content and accompanying materials; and
- (iii) if requested, confirm to the Licensor in writing that the Licensee has complied with these requirements.
- b. The Licensee agree that any breach of this Agreement by the Licensee would cause irreparable harm, injury, loss and damage to the Licensor, accordingly, the Licensor shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by Licensee. The Licensor’s rights hereof is in addition to and without prejudice to any other remedies the Licensor may have at law or in equity.
a. The Licensor reserves the right to revoke or amend the license granted by this Agreement and replace the Licensed Content with an alternative for any reason.
- b. Upon notice from the Licensor to the Licensee, or upon Licensee’s knowledge that any Licensed Content is subject to a threatened, potential or actual claim of infringement of another’s right for which the Licensor may be liable, Licensee must immediately and at Licensee’s own expense:
- (i) stop using the Licensed Content;
- (ii) delete or remove the Licensed Content from its premises, computer systems and storage (electronic or physical);
- (iii) ensure that Licensee’s clients, printers or internet service providers do likewise; and
- (iv) duly inform the Licensor about the same.
- a. Audit: Licensee shall keep accurate and detailed records of the use of any Licensed Content for Reproduction and the Licensed Content that Licensee shall use as part of work for a client or customer. These records must include the name of the client or customer, the Licensed Content number as well as the date or dates on which the Licensed Content was used. Licensee shall deliver copies of such records to the Licensor at the Licensor's request. The Licensor, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Licensed Content to ensure that the Licensed Contents are being used in accordance with this Agreement. Licensee shall, upon reasonable notice, provide sample copies of Reproductions containing Licensed Content to the Licensor. In addition, upon reasonable notice, the Licensor may, at its discretion, either itself or through a third party, audit Licensee's records related to this Agreement and use of Licensed Content in order to verify compliance with the terms of this Agreement. If any such audit reveals an underpayment by Licensee to the Licensor of five percent (5%) or more of the amount that Licensee should have paid for the time period that is the subject of the audit, in addition to paying the Licensor the amount of such underpayment, Licensee shall also reimburse the Licensor for the costs of conducting such audit. Where the Licensor reasonably believes that Licensed Content is being used outside of the scope of the licence granted under this Agreement, Licensee shall, at Licensor’s request, provide a certificate of compliance signed by an officer of Licensee, in a form to be approved by the Licensor.
- b. Ability to Accept the Agreement: Each of the Licensor and the Licensee confirms that he/she is more than 18 years of age and competent to enter into the Agreement, and to abide by and comply with the Agreement.
- c. Waiver: No action of the Licensor, other than an express written waiver, may be construed as a waiver of any Section of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. In the event that the Licensor waives any specific part of this Agreement, such fact does not mean that any other part is waived.
- d. Severability: Should any Section of this Agreement be found unenforceable, that will not affect any other Section and each will remain in full force and effect.
- e. Notice: Unless otherwise stated in this Agreement, all notices to be given under this Agreement must be in writing and must be emailed, along with delivery of a hard copy of the notice, to the parties at their address mentioned in the Invoice. All hard copies of the notice shall be given via certified mail, return receipt requested, or overnight courier, recipient's signature required.
- f. Entire Agreement: This Agreement contains all the terms of the licence agreement and entire agreement of the parties, and supersedes any proposal or prior agreement, oral or written, and any other communication between the Licensor and the Licensee relating to the subject of this Agreement. Notwithstanding the foregoing, the Licensor reserves the right to change any of the terms of this Agreement at any time, and Licensee agree to be bound by such changes.
13. GOVERNING LAWS AND JURISDICTION OF COURTS.
This agreement, its validity and effect, shall be interpreted under and governed by the laws of India and be subject to the exclusive jurisdiction of courts at Mumbai only and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The Licensor shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against the Licensee in the event that, in the opinion of the Licensor, such action is necessary or desirable.
1. Information We Collect
2. Information Collected Automatically
Whenever you visit NewsReach, we automatically collect some information about your use of NewsReach. For example, we automatically collect your IP address, for our internal use only, such as to help us diagnose problems with our server and administer NewsReach. We also automatically track certain information about your activities on NewsReach such as the type of web browser you are using and click stream data. If you are a registered NewsReach user, we link this automatically-collected data to the personally identifiable information we collect about you described below. We use this information to do internal research on your interests and to help us better understand and serve you.
3. Information You Send To Us
If you choose to provide us with personal/specific/individual information, such as by sending us an e-mail or by filling out a form with your personal information and submitting it to us through NewsReach, as the case may be, we collect and store the personal/specific/individual information that you provide to us. For example, if you register or sign up for an account with us, we collect and store multiple information variants, including without limitation, your name, e-mail address, telephone number, address, address proof, payment mode/method details, password, etc. If you opt for paid services on NewsReach, we further collect the personal/specific/individual information that you provide to us such as your billing and payment information, etc. If you participate in surveys on NewsReach, we will collect and store certain personal/specific/individual information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose the requested information.
4. Information about Your Transactions with Us
- i. In addition, we collect your paid service(s) request(s) information and purchase and payment history and details.
- ii. Any Information Collected By Vyomeen Media Pvt. Ltd. Will Be Used By Vyomeen Media Pvt. Ltd. To Improve Its Services, Website, Etc; And May Be Shared By Vyomeen Media Pvt. Ltd. With Other Users, Or With Our Bona Fide Third-Party Partners, Affiliates, Advertisers, And Sponsors. Vyomeen Media Pvt. Ltd. May Also Direct Users To Websites/Applications Operated By Third Parties, Though Vyomeen Media Pvt. Ltd. Does Not Guarantee The Security Of Any Personal Information Disclosed On Those Websites/Applications.
5. Cookies And Similar Files
- i. NewsReach Uses “Cookies'' And Files That Are Similar To Cookies. Cookies Are Alphanumeric Identifiers Created By Your Browser At Our Request And Stored In An Approved And Standardized Place On Your Computer. By Transferring These Cookies, NewsReach Assigns You A Unique User Code And Record Locator. Information About Your Activity On NewsReach Can Then Be Included In Your User Record, Which Is Stored Within The NewsReach Firewall. When You Visit Or Return To NewsReach, We Read The Cookie To Identify You As One Of Our Users And Help Recall Orders Or Preferences You Have Selected. The Cookie Also Enables Us To Recall Your Past Activities, Post Your Account Data, And Tailor Site Elements And Special Offers To You. No Personal/Specific/Individual Information About You Is Stored On The Cookie.
- ii. Most Web Browsers Accept Cookies By Default, But Allow Users To Reject Cookies By Changing The Browser Preferences. If You Have Set Up Your Browser To Reject Cookies, Some Aspects Of NewsReach Will Not Work Properly.
6. Use And Disclosure Of Information
- i. We Use The Information That We Collect About You To Maintain, Improve, And Administer NewsReach, Operate Our Business, Provide Services That You Request, Administer Your Account, Inform You About Products And Services That Might Be Of Interest To You, And Personalise Your Online Experience.
- ii. In Order To Carry Out Certain Business Functions, We Sometimes Hire Other Companies To Perform Services On Our Behalf. We May Disclose Personal/Specific/Individual Information That We Collect About You Or From You To These Companies To Enable Them To Perform These Services. In Addition, We May Share The Information We Collect With Other Companies With Whom We Have Joint Marketing Arrangements. We May Also Disclose Information, Including Personal/Specific/Individual Information, We Collect About You In Other Circumstances As Required Or Permitted By Law. For Example, Vyomeen Media Pvt. Ltd. Reserves The Right To Disclose Personal/Specific/Individual Information, Including Account Information, When We Believe Such Disclosure Is Directed To Be Made By Any Appropriate Authority- Whether In The Republic Of India Or Otherwise, Since NewsReach Operates Globally, Or Is Appropriate To Cooperate With An Investigation Of Activities Claimed To Be Unlawful In Such Manner As Demanded By The Law Of The Land In Question, Or To Enforce Our Terms And Conditions, Or To Protect The Rights Or Property Of Vyomeen Media Pvt. Ltd. Or Others.
- iii. In Addition, It Is Possible That In The Future Another Company May Acquire NewsReach, Vyomeen Media Pvt. Ltd., Or Its Assets. It Is Also Possible That Vyomeen Media Pvt. Ltd. May Partner With Or Purchase Another Company To Continue To Do Business As A Combined Entity. In The Event That This Occurs, It Is Possible That Our User Information, Including Your Personal/Specific/Individual Information, May Be Transferred To The New Business Entity As One Of The Assets Of Vyomeen Media Pvt. Ltd. In Such An Event, We Will Update This Policy To Reflect Any Change In Ownership Or Control Of Your Personal/Specific/Individual Information.
7. Data Collection and Storage required under Law
- i. Newsreach being an Intermediary Market place complies with Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021 (“IT Rules”).
- ii. Upon removal of content or user profile or any other details for any reason whatsoever and in particular on receipt of any order/direction of Court or any other Authority, any evidence with respect to such removal shall be kept for 180 days or longer period (specified in order/ direction) which may include logs/ cache/ user details/ other relevant information which may be called upon by investigating agencies.
- iii. Such information shall be also shared with the Government agency which is lawfully authorised for investigative or protective or cyber security activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents.
- iv. In case of any matter involving cyber security concerns, NewsReach shall report cyber security incidents and share related information with the Indian Computer Emergency Response Team or any other Agency in this regard
- v. User account details including any activity done by that account shall be stored for 180 days post deletion/ suspension/ closure/ removal of the said user account.
8. Links To Third Party Websites And/Or Applications
While You Are Visiting Or Using NewsReach, You May Be Presented With Links To Purchase Third Party Websites Or Applications. These Websites And/Or Applications Are Run By Independent Companies Not Owned Or Operated By Vyomeen Media Pvt. Ltd. If You Click On One Of The Presented Third Party Links, You Will Be Redirected To The Site Of The Third Party, And Any Information You Provide In Response To The Link Will Be Collected And Used By The Third Party And Not by Vyomeen Media Pvt. Ltd. Information You Provide To The Third Party And Any Dealings You Have With The Third Party Will Be Governed By The Privacy And Other Policies Of That Third Party. Vyomeen Media Pvt. Ltd. Shall Not Be Liable In Any Manner Under These Circumstances.
9. Data Security And Risks
We Implement Security Measures Designed To Protect Your Information From Unauthorized Access. Your Account Is Protected By Your Account Password And We Urge You To Take Steps To Keep Your Personal Information Safe By Not Disclosing Your Password And By Logging Out Of Your Account After Each Use. We Further Protect Your Information From Potential Security Breaches By Implementing Certain Technological Security Measures Including Encryption, Firewalls And Secure Socket Layer Technology. However, These Measures Do Not Guarantee That Your Information Will Not Be Accessed, Disclosed, Altered Or Destroyed By Breach Of Such Firewalls And Secure Server Software. By Using NewsReach, You Acknowledge That You Understand And Agree To Assume These Risks.
Content Contributor Agreement
THIS DOCUMENT IS AN ELECTRONIC RECORD IN ACCORDANCE TO THE INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT, 2000”), THE APPLICABLE RULES THEREUNDER AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Vyomeen Media Pvt. Ltd., a company incorporated under Companies Act, 2013 owns and operates NewsReach Marketplace (https://mp.NewsReach.in), an intermediary content marketplace and a research database for live and archived aggregated third-party licensed content, including text, image, graphics, video, audio and data formats, in multiple languages. NewsReach marketplace provides a virtual venue, an online marketplace to facilitate licensing of digital content by content creators/ licensors to users/ licensees.
The domain name https://mp.NewsReach.in, including the related mobile site and as well as the Publisher Portal (link) (hereinafter referred to as “Marketplace”) is owned and operated by Vyomeen Media Pvt. Ltd., a company incorporated under Companies Act, 2013 with its registered office at 602, AVIOR, NIRMAL GALAXY, OPP JOHNSON AND JOHNSON, L.B.S MARG, MULUND WEST, Thane, Maharashtra, 400080.
YOU SHOULD ENTER INTO THIS AGREEMENT IF YOU ARE A CONTRIBUTOR AND INTEND TO UPLOAD AND LICENSE OF ANY CONTRIBUTOR CONTENT ON THE MARKETPLACE OR USING THE MARKETPLACE OR ANY SERVICES PROVIDED THEREIN. BY CONFIRMING YOUR ACCEPTANCE OF THIS AGREEMENT, A LEGALLY BINDING AGREEMENT SHALL BE CREATED BETWEEN YOU AND NEWSREACH.
1. INCORPORATION OF OTHER AGREEMENTS
- a. This Content Contributor (“Agreement”) is a legal binding agreement between the Contributor (hereinafter referred to as “You” or “Your”) and NewsReach, and lists out the terms and conditions as per which the Contributor may use the Website (defined in the Terms of Service, and herein collectively referred to as the “Marketplace”) to upload and display the Contributor Content using Marketplace to the public, and to license Contributor Content to the Licensees.
- a. If You intend to store, display and license your Contributor Content on the Marketplace, You will need to register as a Contributor by completing a registration form available at the Marketplace (www.mp.newsreach.com) to provide NewsReach with your KYC Documents along with other personal and banking details that may be required ("Subscription Information"). You hereby represent and warrant that all of Your Subscription Information is true, correct and complete, and that you will update Your Subscription Information regularly to keep it true and complete.
3. RIGHTS OF THE CONTRIBUTOR
- a. As a Contributor, You will be entitled to upload Your Contributor Content on the Marketplace and showcase them to the public and users. As a Contributor, You may elect to offer your Contributor Content, as may be permitted by NEWSREACH, for licensing to Licensees ("Licensed Content").
- b. For the license of Licensed Content to Licensee, You will have to select the category of licenses (provided on the Marketplace) listing out the rights being offered in respect of each Licensed Content. You understand that the price for the content will be decided by NEWSREACH.
- c. You understand that NewsReach offers an intermediary Marketplace where users can search any Contributor Content and purchase a license for the Licensed Content without any prior request from You. You hereby agree and understand that all the Licensed Content shall be licensed to the Licensee as per the License Agreement and that You will be bound by the License Agreement between You and the Licensee in respect of the Licensed Content.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY TRANSACTION MADE OVER THE MARKETPLACE WILL BE BETWEEN YOU AND THE APPLICABLE LICENSEE AND THEREFORE NEWSREACH WILL NOT BE A PARTY TO ANY SUCH TRANSACTION. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS NEWSREACH AGAINST ANY CLAIM OR LOSS ASSOCIATED WITH ANY TRANSACTION RELATING TO YOUR LICENSED CONTENT.
4. PAYMENTS AND CONSIDERATION
- b. The consideration payable by the Publisher/ Licensee for the content shall depend on the type of license you wish you license your content under. The license price shall be determined by NewsReach, based on the type of license and the type of content you wish to license. The amount mentioned at the time of listing as the transaction shall be full and final consideration payable for your listed content and is non-negotiable. You consent to the listing price set by NewsReach for your content.
- c. As and when the Transactions are made, the ledger balance of your NewsReach Wallet shall be credited. You may refer to your transaction history in NR Wallet which contains all details in the form of a statement recording the transactions and the amounts credited in each transaction.
- d. Withdrawal of funds: You may make a request for withdrawal of funds accumulated and reflected in your NR Wallet for all settled transactions prior to the 25th day of every month. Once such a request is raised by you, Newsreach shall credit your bank account within 7 to 10 working days. You agree and confirm that the bank account details furnished by you upon registration are true and correct. It is to be noted that public holidays and weekends (Saturdays and Sundays) shall be excluded from the ‘working day’ calculation. For instance, if a transaction takes place on a Sunday, the payment processing shall commence on the immediate next working business day i.e. Monday and the processing time shall be calculated from that day (Monday, in the instant case). Newsreach shall not be liable for any transaction failure or other payment-related issues faced due to incorrect or false details furnished by you. For further information, refer to our Withdrawal Policy.
5. FEES PAYABLE TO NEWSREACH FOR ITS SERVICES
- a. For every content licensed on the NewsReach platform, you agree to pay NewsReach a service fee of 10% (Ten Percent) of the total consideration of the license fee along with applicable taxes. (“Service Fee”)
- b. The amount processed and deposited in your bank account shall be the net amount post deduction of the Service Fee, TDS and other applicable taxes.
6. INTELLECTUAL PROPERTY RIGHTS
Contributor’s Intellectual Property
- a. All rights, including title and copyright, in and to the Contributor Content (including the Licensed Content), shall be retained by the Contributor, and no title or copyright is transferred or granted in any way to NEWSREACH or any third party, except as provided in this Agreement and the Terms of Service.
- b. You shall not upload and display on the Marketplace any Contributor Content or license any Licensed Content that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right.
NEWSREACH’s Intellectual Property
- a. You hereby grant and agree to grant NEWSREACH, its parent, subsidiary, affiliates, and service provider a non-exclusive, royalty-free, fully paid up, without charge, worldwide right and license to use, reproduce, modify, display, perform, and create derivative works of the Contributor Content (which includes the Licensed Content) without prior consent from You, solely in connection with NewsReach's business operation, marketing and promotion of the Marketplace, with the right to make available the Licensed Content for their license to the Licensee as per the terms of License Agreement and for the purpose expressly listed out in this Agreement. You also grant NEWSREACH the right to alter the Contributor Content (including the Licensed Content), including cropping, manipulation, combining and creation of derivative images. You also undertake to waive all moral rights in respect of use of the Contributor Content and the Licensed Content pursuant to this Agreement by NEWSREACH.
- b. Nothing contained herein grants or shall be construed to grant You any rights to use any of NEWSREACH’s, its affiliates, parent, subsidiary and associated companies trademarks, logos, service marks, trade names, internet domain names, or other indications of origin (collectively referred to as "Marks"). You acknowledge and agree that:
- (a) Marks are and shall remain the sole property of NEWSREACH or its affiliates and associated companies, as the case may be;
- (b) nothing in this Agreement shall confer upon You any right of ownership in the Marks;
- (c) You shall not use, register, or assist others in using or registering any trademarks, trade names, logos, internet domain names, or any mark or name confusingly similar to Marks without NEWSREACH’s prior written consent and
- (d) You shall not now or in the future contest the validity of Marks nor oppose or assist others in opposing any registration of any Marks. All goodwill accruing to NEWSREACH’s trademarks or Marks under this Agreement shall belong to NEWSREACH.
- (e)The look and feel of NEWSREACH’s Marketplace, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark and copyright of NEWSREACH and may not be copied, imitated or used, in whole or in part, without the prior written consent of NEWSREACH.
7. PROMOTIONS BY NEWSREACH
Contributors shall have no objections to NEWSREACH promoting at its sole discretion the Contributor’s name, profile details, photographs and works unconditionally, for promotional activities worldwide in any media including social media, at any time without notice to Contributors.
- a) You shall not upload any Contributor Content and the Licensed Content, which:
- (i) belongs to another person and to which the user does not have any right;
- (ii)is defamatory, libellous, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- (iii)is harmful to child;
- (iv)infringes any patent, trademark, copyright or other proprietary rights;
- (v) violates any law for the time being in force;
- (vi)deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- (vii)impersonates another person;
- (viii)threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- (ix)contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- (x)is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- (xi)Is intended towards unlawful multi-level marketing, such as a pyramid scheme;
- (xii)Would constitute, encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- (xiii)Contains private and sensitive information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- (xiv)in the sole judgement of NEWSREACH, is objectionable or which restricts or inhibits any other person from using or enjoying the Marketplace or services provided on the Marketplace, or which adversely affects the availability of its resources to other users, or which may expose NEWSREACH or its users to any harm or liability of any type.
- d) If Your account is terminated for any reason You must obtain written authorization from NEWSREACH prior to establishing another account. If You attempt to establish another account without obtaining such authorization, NEWSREACH shall permanently ban You from using the Marketplace. You hereby agree that You shall not have more than one active account at any time.
- b) You may remove any Content from your account at any time, or terminate your account on 30 days prior notice to NEWSREACH.
- c) Upon termination or suspension of your account, NEWSREACH may in its sole discretion prohibit You with immediate effect, to display any Contributor Content or license any Licensed Content to Licensee.
- d) In the event of termination of your account or deletion of any Contributor Content (Including Licensed Content), NEWSREACH shall retain a copy of all the Contributor Content uploaded by You for its records, which NEWSREACH shall not use, display or license, except as per this Agreement.
- e) Notwithstanding anything contained above, the termination or suspension of Your account or deletion of any Licensed Content by You, shall not affect the right of Licensee in respect of Licensed Content. You hereby understand and agree that all the Licensed Content shall be available to the Licensee for download for a period of 180 days from the date of license of the Licensed Content (“Download Period”) and notwithstanding the termination or suspension of your Account or deletion of your Licensed Content, all the Licensed Content may be made available by NEWSREACH to the License during the Download Period. (180 days)
10. WEBSITE OPERATION
a) NEWSREACH will use reasonable efforts to ensure that the Marketplace is available 24 hours a day 7 days a week. However, from time to time NEWSREACH may be required to clean the Marketplace of images and other content and/or for the purposes of maintenance and operation of the Marketplace, during which time NEWSREACH may remove any Contributor Content and the Licensed Content from the Marketplace in its sole discretion. Additionally, there will be occasions when the service available on the Marketplace will be interrupted for maintenance, upgrades and/or emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by NEWSREACH to minimize such disruption where it is within NEWSREACH's reasonable control. YOU AGREE THAT NEWSREACH WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE MARKETPLACE OR ITS SERVICE(S). NEWSREACH makes no claim that the Marketplace may be lawfully viewed.
11. REPRESENTATIONS AND WARRANTIES
- a) You hereby represent and warrant that:
- (i) You have the legal capacity and authority to enter into this Agreement and to fully perform all the obligations under the Agreement; and
- (ii) The Subscription Information is true and shall always remain updated.
- b) You further represent and warrant that:
- (i) the Contributor Content and the Licensed Content does not include any virus, worm, Trojan horse or other harmful, malicious or disabling code or device or that is designed to damage or allow unauthorized access to the Marketplace,
- (ii) the Contributor Content and the Licensed Content) does not violate, infringe, misappropriate or otherwise interfere with any third party rights;
- (iii) the Contributor Content and Licensed Content does not contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, sacrilegious, libellous or defamatory;
- (iv) You have obtained the necessary and binding model release and property release for all Contributor Content, and You are solely responsible for retaining all original model and property releases and maintaining complete and accurate model and property records, which you will electronically submit to NEWSREACH along with the submitted Contributor Content and Licensed Content, and that the submission of falsified, inaccurate or otherwise defective model and property releases is a material breach of this Agreement and shall result in the immediate termination of Your account without prior notice.;
- (v) there is no suit, action or another legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Contributor Content and Licensed Content or which might in any way impair the rights granted by You to NEWSREACH under this Agreement or any other agreement;
- (vi) there are and will be no claims by any other party in connection with the use or reproduction of any of the Licensed Content by the Licensee; and
You agree to indemnify, defend and hold NEWSREACH, its parent, its affiliates, associated companies, and their respective directors, officers, employees, shareholders, agents and service providers harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorney fees and disbursements) in connection with:
- (i) arising out of any breach or claimed breach of any of Your representations and warranties or any of Your obligations pursuant to these terms and conditions;
- (ii) any use or alleged use of the Marketplace under Your account by any person, whether or not authorized by you;
- (iii) resulting from any communication made or Contributor Content or the Licensed Content uploaded by You or through Your account;
- (iv) any claim or threatened claim by Licensee against NEWSREACH its parent, its affiliates, associated companies, and their respective directors, officers, employees, shareholders, agents and service providers in respect of your Contributor or Licensed Content;
- (v) any breach of you of this Agreement.
CLAUSE 11 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
13. WARRANTY AND DISCLAIMER
THIS MARKETPLACE IS PROVIDED “AS IS” AND NEWSREACH, ITS DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT YOUR USE OF THE MARKETPLACE AND SERVICES PROVIDED THROUGH THE MARKETPLACE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEWSREACH, ITS OFFICERS, DIRECTORS, ASSOCIATES, EMPLOYEES, AGENTS AND SERVICE PROVIDER EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MARKETPLACE AND SERVICES PROVIDED THROUGH THE MARKETPLACE.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWSREACH EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MARKETPLACE AND SERVICES PROVIDED THROUGH MARKETPLACE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- (I) ERRORS, MISTAKES, OR INACCURACIES OF THE MARKETPLACE,
- (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MARKETPLACE,
- (III) ANY UNAUTHORIZED ACCESS TO THE MARKETPLACE OR USE OF ANY CONTENT AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF SERVICES TO OR FROM OUR MARKETPLACE,
- (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MARKETPLACE BY ANY THIRD PARTY, AND/OR
- (V) ANY ERRORS OR OMISSIONS IN ANY SERVICES PROVIDED THROUGH MARKETPLACE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MARKETPLACE OR ANY SERVICES THEREOF. NEWSREACH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MARKETPLACE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEWSREACH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THE LICENSEE OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH THE MARKETPLACE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LISTING OR OTHERWISE UPLOADING THE CONTENT FOR LICENSING ON NEWSREACH MARKETPLACE DOES NOT GUARANTEE ANY RESULT AND NEWSREACH DOES NOT WARRANT OR OTHERWISE GUARANTEE TRAFFIC OR VISIBILITY OTHERWISE THAN IN THE NORMAL COURSE.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEWSREACH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF MARKETPLACE,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR OR YOUR LICENSEE’S ACCESS TO AND USE OF THE MARKETPLACE, (
III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR MARKETPLACE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MARKETPLACE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MARKETPLACE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR SERVICES PROVIDED THROUGH MARKETPLACE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SERVICES PROVIDED THROUGH MARKETPLACE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEWSREACH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, NEWSREACH LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT NEWSREACH SHALL NOT BE LIABLE FOR ANY CONTENT AVAILABLE ON THE MARKETPLACE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEWSREACH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE MARKETPLACE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NEWSREACH FOR ACCESS TO OR USE OF THE MARKETPLACE OR THE SERVICE PROVIDED THEREOF.
The Marketplace is controlled and offered by NEWSREACH from its facilities in India. NEWSREACH makes no representations that the Marketplace and the services provided through Marketplace are appropriate or available for use in other locations. Those who access or use the Marketplace from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- a) You agree that you are an adult, above the age of 18 years, and are competent to contract as per the provisions of the Indian Contract Act, 1872. There shall be a presumption drawn if you are a minor, accessing and availing of the Services that you are under the supervision of your guardian/s. Newsreach does not intentionally collect any information from minors as the registration process is completely autonomous.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by NEWSREACH without restriction.
17. APPLICABLE LAW AND JURISDICTION
- a) These Terms of Content Contributors and all transactions entered into on or through the Website and the relationship between You and NewsReach shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- b) You agree that all claims, differences and disputes arising under or in connection with or in relation thereto the Website, these Terms of Content Contributors, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and NewsReach shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.
18. ARBITRATION AND MEDIATION
- a) In the event of a dispute arising out of or relating to these Terms of Content Contributors or any other Agreement(s), including any question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation.
- b) If the dispute is not settled by mediation within 60 days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the provisions of Arbitration and Conciliation Act, 1996 as amended and in force.
- c) The language to be used in the mediation and in the arbitration shall be English. The governing law of the contract shall be the substantive law of India. In any arbitration commenced pursuant to this clause, (i) the number of arbitrators shall be one; and (ii) the seat, or venue of the arbitration shall be Mumbai, India
- 1. Notice: All notices with respect to these Terms of Content Contributors from NewsReach will be served to You by email or by general notification on the Website. Any notice provided to NewsReach pursuant to these Terms of Content Contributors should be sent to Grievance Officer at email@example.com .
- 2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. NewsReach's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by NewsReach to any third parties without the requirement of seeking Your prior consent. NewsReach may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. NewsReach shall have the right to transfer Your Account and Account Information to a third party who purchases NewsReach's business as conducted under the Website.
- 4. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Content Contributors or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
- 5. Principal to Principal Relationship: You and NewsReach are independent contractors, and nothing in these Terms of Content Contributors will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and NewsReach. As an abundant caution, it is clarified that NewsReach shall not have any right to conclude any contract for license of Content for and/or on Your behalf and both You and NewsReach have entered this agreement on principal to principal basis.
- 6. Force Majeure: If performance of any service or obligation under these Terms of Content Contributors or other Agreement by NewsReach is, or other third parties in fulfilment of any licensing or other transaction are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of NewsReach or its third parties performing such services as sub-contractor to NewsReach and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then NewsReach shall be excused from such performance to the extent of and during the period of such Force Majeure Event. NewsReach shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
- 7. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of NewsReach for the purpose of this Agreement shall be Mrs. Sarvagnya Manubarwala with email address: firstname.lastname@example.org . NewsReach may change the aforesaid details from time to time under intimation to You.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT, 2000”), THE APPLICABLE RULES THEREUNDER AND THE PROVISIONS ABOUT ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
- a. Vyomeen Media Pvt. Ltd., a company incorporated under Companies Act, 2013 owns and operates NewsReach Marketplace (https://mp.newsreach.in), an intermediary content marketplace and a research database for live and archived aggregated third-party licensed content, including text, image, graphics, video, audio and data formats, in multiple languages. NewsReach marketplace provides a virtual venue, an online marketplace to facilitate licensing of digital content by content creators/ licensors to users/ licensees.
- b. The domain name https://mp.newsreach.in, including the related mobile site as well as the Publisher and Content Creator Portal (link) (hereinafter referred to as “Platform”) is owned and operated by Vyomeen Media Pvt. Ltd., a company incorporated under Companies Act, 2013 with its registered office at 602,, AVIOR, NIRMAL GALAXY, OPP JOHNSON AND JOHNSON, L.B.S MARG, MULUND WEST, Thane, Maharashtra, 400080.
- a. “Content” includes any image, text, photograph, motion picture, sound, data, API or any other form of content uploaded, added, removed, modified, stored or otherwise made available by a Content Contributor on the Newsreach Platform.
- b. “Content Contributors” means the Licensors of Licensed Content making available any content to the Newsreach Marketplace for the purpose of licensing as per the License Agreement.
- c. “Grievance” includes any complaint, whether regarding any content, any duties of Newsreach, any user or content creator, any infringement complaint or any other matter.
- e. “KYC” or Know Your Customer means collecting, processing, and verifying documents generally issued by the Government or a Ministry or a Statutory Body or other authority in India to verify the identity/ address of the user.
- g. “NR Wallet” or “NewsReach Wallet” denotes a non-interest-bearing, closed prepaid payment system for licensing content on NewsReach Marketplace.
- h. “Person” means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership, Governmental Authority or other entity.
- i. “User” means any person who accesses or avails any services of Newsreach for the purpose of hosting, publishing, sharing, transacting, viewing, displaying, downloading or uploading information and includes other persons jointly participating in using such computer resource and addressee and originator.
Explanation – Users include the Content Creators/ Licensors and the Publishers/ Licensees.
- j. ‘User account’ means the account registration of a user with Newsreach and includes profiles, accounts, pages, handles, User ID and other similar presences by means of which a user is able to access the services offered by the intermediary or publisher.
- k. “Vyomeen Media Pvt. Ltd” includes its trustees, officers, directors, shareholders, employees, attorneys and agents (current and past) and any parents, affiliates and subsidiaries, individually and collectively, and any related individuals or entities.
- l. “Website” shall include NewsReach Marketplace website (Domain -www.mp.newsreach.com) or any other domain name used by Vyomeen to provide NewsReach Marketplace and its services.
3. INTERMEDIARY SERVICES
- a. NewsReach Marketplace is an electronic platform in the form of an electronic marketplace and an intermediary that
- (a) provides a platform for Content Contributors (who are licensors) to advertise, exhibit, make available and offer to license their content to other Users (who are licensors/customers), and
- (b) services to facilitate the engagement of licensors and licensee to undertake commerce on the Website, and
- (c) such other services as are incidental and ancillary thereto.
- b. You further agree and acknowledge that NewsReach is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to licence or any other transactions of Content on the Website. NewsReach is not the Licensor of the Products. Accordingly, any contract for the Licence of the Content on the Website is a bipartite contract between You and the Licensors (if You are the Licensee) or You and the Licensee (if You are a Licensor). This bipartite relationship of licensing is governed by the License Agreement (link). NewsReach neither recommends You to license or list any Content on the Website nor does NewsReach endorses any such Content and nor does NewsReach provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to license or transactions on the Website. Further, NewsReach does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether content creator or publisher) will complete any transaction or act in a prudent manner.
- a. The Users agree that they are adults, above the age of 18 years, and are competent to contract as per the provisions of the Indian Contract Act, 1872. There shall be a presumption drawn that any minor user accessing and availing of the Services is under the supervision of their guardians. Newsreach does not intentionally collect any information from minors as the registration process is completely autonomous.
6. USER ACCOUNTS
- a. Newsreach makes the Services available to You through the Website only if You have provided us certain required User information and created an account. You may register either as
- 1. Content Contributors (Licensors) and/or
- 2. Publishers (Licensees).
- b. Content Contributors shall submit their KYC as required on registration. Upon successful verification of KYC, the Content Contributor shall be provided with access to their user account. A user ID shall be provided which shall also be displayed on the content page. The Content Contributors apart from these Terms shall also be bound by additional Terms for Content Contributors.
- c. If any discrepancy is found or if the documents submitted by the Content creator cannot be processed or is unable to be verified, NewsReach shall contact such user for further details and/or resubmission of the KYC Document or otherwise require further particulars or details in order to successfully complete the verification.
- d. The Content Creator undertakes and acknowledges that:
- i. The name mentioned in the KYC Document matches the name used for account registration on NewsReach Marketplace.
- ii. That the account shall be used and operated by the person in his own name and the user shall not permit any other person to use the account on his behalf. You understand that you may be personally liable for civil/criminal or tort action for any damage caused to other users.
- iii. That the documents submitted are free from any alterations, interlineations, edits, modifications, or tampering in any manner whatsoever.
- iv. That the details furnished by you are true and correct.
- v. To notify us if any change has been made to the KYC documents submitted by you at the time of registration.
- vi. You shall indemnify and hold harmless, NewsReach for any action that may arise in breach of these acknowledgments.
- e. Newsreach disclaims all and any liabilities arising from the ID verification process and Newsreach does not guarantee or confirm the identity of the users if such ID is verified. The verification process is done to collect information as a procedure to grant access permission and does not mean verification of identity or any information or document submitted by you. You are responsible to furnish true and correct details during account registration and any other information, document or any other details submitted by you to us, and breach of this condition shall make you liable under the law in force.
- f. In the event, you register as a User by creating an Account in order to avail of the Services provided by us, you will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Newsreach of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Newsreach cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Newsreach or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
- g. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
- h. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Newsreach has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Newsreach has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
7. OTHER COMPLIANCE BY PUBLISHERS
You, the Publishers agree and confirm that you have complied with Rule 18 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (which deals with submission by Publishers of News and Current Affairs content to submit to the Ministry details of their user account within 30 days)
For the sake of your convenience, the aforementioned Rule 18 is reproduced for reference:
18. Furnishing of information.
- (1) A publisher of news and current affairs content and a publisher of online curated content operating in the territory of India, shall inform the Ministry about the details of its entity by furnishing information along with such documents as may be specified, for the purpose of enabling communication and coordination.
- (2) The information referred to in sub-rule (1) shall be furnished within a period of thirty days of the publication of these rules, and where such publisher begins operation in the territory of India or comes into existence after commencement of these rules, within thirty days from the date of start of its operations in the territory of India or its coming into existence, as the case may be.
- (3) The publisher of news and current affairs content and the publisher of online curated content shall publish periodic compliance report every month mentioning the details of grievances received and action taken thereon.
- (4) The Ministry may call for such additional information from the publisher as it may consider necessary for the implementation of this Rule.
- a. The users can make purchases on the Marketplace using “NewsReach Wallet” or “NR Wallet”. The wallet consists of NR Coins and each coin shall be worth Rs. 1 (One Rupee Only). For instance, a balance of 100 Coins shall be equivalent to Rupee currency in the Republic of India, worth Rs.100 (Rupees One Hundred Only). Upon registration, the users shall find the Wallet option on the right side of the login page “NR Wallet” along with the balance in NR Coins available. Refer to the Wallet Terms______ for policy governing the NR Wallet.
- A. General Conditions for NewsReach Wallet
- i. NewsReach Wallets are available only to Indian residents having Indian bank accounts and Indian mobile numbers who have attained the age of 18 years and are competent to contract. Subject to your meeting the eligibility conditions and at the discretion of NewsReach, you will be issued with a NewsReach Wallet Account immediately upon successful registration and verification of your KYC information upon User account registration.
ii. You may add money to or recharge your NewsReach Wallet through online payment methods such as domestic credit/debit cards, net banking, and UPI. The payment gateway is powered by Razorpay (You may refer to the terms applicable by Razorpay here). However, you will not be able to use prepaid/virtual bank cards, cards issued outside India, or a combination of cards to add money to or recharge your NewsReach Wallet. Once the user recharges the Wallet, the balance amount reflected in the wallet cannot be withdrawn, except as otherwise provided hereunder or as per our Refund Policy.
iii. You may note that withdrawing money from NewsReach Wallet is not allowed. Any outstanding credit in the NewsReach Wallet must be utilized only to make payments for bona fide Transactions with NewsReach on the NewsReach Platform.
iv. NewsReach Wallets are not transferable.
v. You may add money into your NewsReach Wallet up to a maximum of INR 10,000 (Rupees ten thousand Only) per month. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your NewsReach Wallet. Additionally, the balance in your NewsReach Wallet shall not exceed INR 10,000 (Rupees ten thousand Only) at any relevant time of determination. These limits may be reviewed and modified at the discretion of NewsReach or the Wallet Service Provider, without prior intimation to the Customer.
vi. NewsReach reserves the right to suspend/discontinue NewsReach Wallet services to you at any time, for any cause, including –
- 2. For any suspected discrepancy, errors, or misrepresentations in the particular(s) or KYC documentation provided by you;
- 3. For any infringement of our or a third party’s intellectual property rights;
- 4. For decompiling, disassembling or reverse engineering (including any attempts to do the same) any of the software or other materials provided on or through the NewsReach Wallet or NewsReach Platform;
- 5. For removing, circumventing or damaging any security features or technical features of the NewsReach Wallet;
- 6. For modifying, adapting, copying or making derivative works of the NewsReach Wallet or NewsReach Platform;
- 7. To combat potential fraud, sabotage, wilful destruction, threat to national security or any other force majeure event;
- 8. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
- 9. If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
- 10. If the mobile connection with which your NewsReach Wallet is related ceases to be operational or in your possession or control;
- 11. If NewsReach believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
- b. No interest will be payable by NewsReach on the available balance amount in the NewsReach Wallet.
- c. You are permitted to maintain and operate only one NewsReach Wallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by NewsReach or the Wallet Service Provider of any of all NewsReach Wallets associated with you on the NewsReach Platform. Any operation of or continued availability of any facility with respect to the NewsReach Wallets from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.
- B. NewsReach Wallet Validity
1. Any value in your NewsReach Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your NewsReach Wallet. NewsReach does not endorse, promote or warrant any product and/or services that might be bought/availed or proposed to be bought/availed using NewsReach Wallet.
2. Your NewsReach Wallet Account and any amounts in such wallet shall remain active at all times.
- C. Customer Obligations
- 1. Any amount in your NewsReach Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your NewsReach Wallet. You acknowledge that any purchase or payment made with respect to the NewsReach goods and services is on the basis of your own discretion and not on the basis of any recommendations made by NewsReach and that NewsReach does not endorse, promote or warrant any product and/or services that might be bought/availed or proposed to be bought/availed using NewsReach Wallet.
- 2. NewsReach Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. NewsReach Wallet availability is subject to the compatibility of a mobile phone handset or any other handset or other application on which NewsReach Platform can run and the Customer is solely responsible for all liability arising from the unavailability of the NewsReach Platform due to a deficient mobile handset or the internet service provider not being able to support any NewsReach Wallet channel or application.
- 3. You must ensure the availability of sufficient funds in your NewsReach Wallet before executing any Transaction from your NewsReach Wallet.
- 4. You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of NewsReach Wallet. In case the Password is lost or misplaced, you shall promptly inform News Reach by calling on the customer care numbers/ email id email@example.com where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your NewsReach Wallet is lost/stolen/misplaced/no longer in your control, you shall promptly inform NewsReach. NewsReach will, upon receipt of such information, block the relevant account.
- 5. You acknowledge and understand that NewsReach Wallet is linked to your mobile phone number and NewsReach shall under no circumstances be responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.
- 6. Information submitted by you for availing NewsReach Wallet and/or information submitted while using NewsReach Wallet may be shared by NewsReach with:
- i. any affiliate of NewsReach; or
- iii. Any government agency, regulatory authority, or by any other body or persons authorized by the Government or as required by law
D. FEES AND CHARGES
Membership on the Platform is free for Publishers. NewsReach does not charge any fee for browsing and licensing on the Platform. NewsReach reserves the right to change its Fee Policy from time to time. In particular, NewsReach may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event NewsReach reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Vyomeen Media Pvt. Ltd. (NewsReach).
E. PAYMENT TERMS
a. While availing any of the payment method/s available on the Marketplace, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
i. Lack of authorization for any transaction/s, or
ii. Exceeding the pre-set limit mutually agreed by You and between "Bank/s", or
iii. Any payment issues arising out of the transaction, or
iv. Decline of transaction for any other reason/s
b. All payments made against the license fee of the Content on Marketplace by you shall be through NR Wallet only. Marketplace will not facilitate transactions with respect to any other form of payment.
c. Transaction, license price, and all commercial terms such as governed by the Licence Agreement and are as per principal to principal bipartite contractual obligations between Publisher/ Licensee and Content Creator/ Licensor and payment facility is merely used by the Publisher/ Licensee and Content Creator/ Licensor to facilitate the completion of the Transaction. Use of the payment facility shall not render NewsReach liable or responsible for the damage, breach of representations and warranties, non-provision of after sales or warranty services, or fraud as regards the products and /or services listed on NewsReach Marketplace.
e. You understand, accept and agree that the payment facility provided by NewsReach is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the Transactions on the NewsReach Marketplace using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, NewsReach is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
I. Payment Facility for Publisher/ Licensees:
a. You, as a Publisher/ Licensee, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Content Creator/ Licensor to purchase the content from the Content Creator/ Licensor using the payment facility in the form of NR Wallet.
b. You, as a Publisher/ Licensee, understand that during recharging your NR Wallet using the payment gateway (Razorpay), on a successful transaction, the balance reflected in your NR Wallet in form of NR Coins shall be the net balance available for licensing content after deducting 18% G.S.T. You shall receive a receipt on a successful transaction indicating this breakup.
c. You, as a Publisher/ Licensee, may provide a G.S.T. number at the time of registration or otherwise update it in your User Account. In this case, the amount paid by and way of G.S.T. shall be available as an input tax credit to you. You agree and confirm that the G.S.T number provided by you is true and correct and that the transaction made by you using your G.S.T. number complies with all the G.S.T. Act and any other laws, rules, notifications, or otherwise applicable to you. You indemnify and hold harmless NewsReach for any damage or loss caused to you due to an incorrect G.S.T. number provided by you or if the cause of such loss or damage is attributable to your own actions, intentional or unintentional.
d. You, as a Publisher/ Licensee, understand that you shall not be charged G.S.T. at the time of licensing any content and that the amount reflected in the invoice evidence this fact.
e. You, as a Publisher agree and understand that upon initiation of a transaction, you authorize Newsreach to debit your NR Wallet with the transaction value as stated in the order details. Using NR Wallet to complete the transaction does not bind NewsReach and the transaction is strictly a bipartite agreement between You, as a Publisher/ Licensee and Content creator/ Licensor wherein NewsReach as a facilitator has no control over the autonomy of the transaction.
f. You, as a Publisher/ Licensee, shall electronically notify Payment Facility using the appropriate NewsReach Marketplace features or email address immediately upon non-Delivery of content in your profile within the time period as provided in Policies. Non-notification by You of non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction
g. NewsReach reserves the right to impose limits on the number of Transactions or Transaction Price which NewsReach may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Publisher/ Licensee during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
h. NewsReach reserves the right to refuse to process Transactions by Publisher/ Licensees with a prior history of questionable charges including without limitation breach of any agreements by Publisher/ Licensee with NewsReach or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
i. The Publisher/ Licensee and Content Creator/ Licensor acknowledge that NewsReach will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of NewsReach.
j. Publisher/ Licensee and Content Creator/ Licensor shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of the Government of India) applicable to them respectively for using Payment Facility and NewsReach Marketplace.
- II. Publisher/ Licensee's arrangement with Issuing Bank:
a. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Publisher/ Licensee and the respective Issuing Bank and payment instrument issuing company.
b. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Publisher/ Licensee and the respective Issuing Bank.
9. OWNERSHIP OF NEWSREACH MARKETPLACE
The Domain name and website are owned by Vyomeen Media Pvt. Ltd. (Newsreach). Unless otherwise indicated, all of the content featured or displayed on the website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof ("Newsreach Content''), is owned by Vyomeen, its licensors or its third-party image partners. All elements of the website, including the NewsReach Content, are protected by copyright, trademark and other laws relating to the protection of intellectual property rights.
10. USE OF SITE
The website and the NewsReach Content are intended for customers of NewsReach. You may not use the Site or NewsReach Content for any purpose not related to your business with NewsReach. You are specifically prohibited from:
- (a) downloading, copying or re-transmitting any or all of the Site or the NewsReach Content without, or in violation of, a written licence or agreement with NewsReach;
- (b) using any data mining, robots or similar data gathering or extraction methods;
- (c) manipulating or otherwise displaying the Site or the NewsReach Content by using framing or similar navigational technology;
- (d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any NewsReach product or service if you are not expressly authorised by such party to do so;
- (e) reverse engineering, altering or modifying any part of the Site or the NewsReach Content;
- (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site;
- (g) selling, licensing, leasing or in any way commercialising the Site or the NewsReach Content without specific written authorisation from NewsReach; and
- (h) using the Site or the NewsReach Content other than for its intended purpose. Such unauthorized use may expose you to claims under Intellectual Property Laws or any other Civil or Criminal Action under the laws in force in India.
- (i) you are prohibited from doing all acts or refraining from doing acts which are necessary as per the obligations imposed under these Terms and other Agreements (either specifically or by necessary implication) governing your relationship with us which may cause harm, damage or otherwise injure us, users or any other person and such act or inaction shall make you liable for legal action and other penalties as per the law in force.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, Information Technology Act, 2000 and its rules, Intellectual Property Laws. You also represent and warrant that you shall abide by all the Terms and other Agreements with Newsreach.
NewsReach Trademarks, the NewsReach logo, and any other product or service name or slogan contained in the Site are trademarks of Vyomeen Media Pvt. Ltd. (NewsReach) and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NewsReach or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "NewsReach" or any other name, trademark or product or service name of NewsReach without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of NewsReach and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
12. LINKS AND THIRD PARTY SITES
You may not use a NewsReach logo or other proprietary graphics of NewsReach to link to the Site without the express written permission of NewsReach. Further, you may not frame any NewsReach trademark, logo or other proprietary information, including the NewsReach Content, without our express written consent.
NewsReach makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of NewsReach and NewsReach is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. NewsReach provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by NewsReach of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that NewsReach shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
- a. Subject to compliance with the Agreement(s), Newsreach grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
- c. If you believe that any NewsReach Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content to the Grievance Officer in the manner provided herein.
- d. The Website may allow you to post certain content, data or information of Your own including but not limited to any comments or remarks or any data uploaded by you to the Website (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that NewsReach does not endorse any User Content on the Website and is not responsible or liable for any User Content. NewsReach reserve the right to disable access to the User Content on the Website.
- f. When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
- (i) belongs to another person and to which the user does not have any right;
- (ii) is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- (iii) is harmful to child;
- (iv) infringes any patent, trademark, copyright or other proprietary rights;
- (v) violates any law for the time being in force;
- (vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- (vii) impersonates another person;
- (viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- (ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- (x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- (xi) attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any NewsReach server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- (xii) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of NewsReach, including any NewsReach Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- (xiii) disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- (xiv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- (xv) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- (xvi) violate any applicable laws or regulations for the time being in force within or outside India;
- (xvii) violate the terms of the Agreement.
- i. You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
- j. You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
- k. Any licence of the content from the Website will be strictly for personal use of the User depending on the type of licence as per the Licence Agreement. The Licensee User hereby expressly agrees and undertakes not to breach the terms of license and use the content according to the type of rights acquired under the Licence Agreement. The Licensee User hereby acknowledges that the Content purchased are not transferable/ sub licensable to any third party for profit. Accordingly, NewsReach reserves the right to cancel any orders that are in breach of the conditions of License Agreement upon receipt of any complaint or order of the court or any direction issued by the Government or otherwise.
- l. There may be certain orders that NewsReach is unable to process or pass on the licensee's order to the licensor and must cancel. Some situations that may result in NewsReach's inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
14. CONTENT AND LICENSING
- a. NewsReach has no control whatsoever on the Content uploaded for Licencing by the Content Contributors/ Licensors on NewsReach Marketplace, being an intermediary marketplace. NewsReach is not and cannot be a party to all and any content made available. All the rights including Intellectual Property Rights in the Content vest solely with respective Licensors. All the Content offered is on “as is” and “as available” basis.
- b. All commercial/contractual terms are offered by and agreed to between Users (Content Contributors/ Licensors and Publishers/ Licensees) and your relationship is governed by these Terms and other Agreements. The commercial/contractual terms between users are governed by the License Agreement. NewsReach does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users.
15. THIRD PARTY CONTENT
- a. General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. NewsReach may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. NewsReach shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
- b. In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. NewsReach makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
- a. You, being a User of the Marketplace, expressly agree that the use of the Marketplace is at Your sole risk. The Marketplace and the contents uploaded or provide or shared by other users (content creators/licensors) are made available to the User through the Marketplace on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and NewsReach does not accept any liability for any errors or omissions.
- b. NewsReach shall not be liable or responsible for any actions or inactions of content creators/licensors or any breach of conditions, representations or warranties by the of the content and expressly disclaims any and all responsibility and liability in that regard. NewsReach shall not mediate or resolve any dispute or disagreement between the User and the content creators/licensors of the content.
- c. NewsReach through the Marketplace only provides a platform that users utilize to communicate and transact with one another and NewsReach does not endorse any products displayed on the Marketplace or views expressed or information uploaded by any User. In no event NewsReach shall be liable for any information, content, materials, products or services available through the Marketplace.
- d. The right, title, interest and ownership in the products that are transacted by the users through the Marketplace does not vest with NewsReach and NewsReach holds no right, title or ownership over such products. The offer and acceptance of products through the Marketplace is at the User’s sole risk and NewsReach accepts no liability for any errors or omissions or defaults or deficiency of any products either offered or acceptance by the users through the Marketplace.
- e. NewsReach hereby disclaims any guarantees of exactness as to the description and actual licensed content as ordered by and delivered to the User. The expectation in the content, information or other material purchased or obtained by You through the Marketplace that may not meet Your expectations.
- f. The Marketplace could also be linked to third party websites and NewsReach assumes no responsibility for results obtained from the use of these websites.
- g. NewsReach makes no assurances that the Marketplace is bug free and User friendly or the safety of the use of the Marketplace. NewsReach including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the Marketplace.
- h. NewsReach does not guarantee that the services provided through the Marketplace will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Marketplace disclaims all liability for losses or damages caused by any such interruption or errors in functioning. NewsReach also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Marketplace due to inappropriate equipment, disturbances related to internet services, downtime or otherwise.
- i. To the maximum extent permitted by applicable law, NewsReach will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. NewsReach also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
- k. NewsReach will not be liable for any loss that You may incur as a consequence of unauthorized use of the Account or any service or materials, either with or without Your knowledge. NewsReach shall not be liable for any third-party product, the advertisement available on e-mail or Marketplace with respect to the third-party website or the products and services are for information purposes only.
- l. At no time shall NewsReach hold any right, title or interest over the contents nor shall NewsReach have any obligations or liabilities in respect of such contract.
17. LIMITATION OF LIABILITY
- a. In no event NewsReach including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Marketplace and its services whether based on warranty, contract, tort (including negligence) or in any other means or action.
- b. You acknowledge that NewsReach is only an Intermediary as per definition under the Information Technology Act, 2000 and rules framed thereunder, between You and the seller and NewsReach will not be held liable for any act of content contributor/ licensor or other third party service provider.
- a. You agree to indemnify, defend and hold harmless NewsReach, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with
- (i) Your breach of the Agreement(s); or
- (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or
- (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or
- (iv) Your violation of any rights of another, including any intellectual property rights.
- b. NewsReach may notify You of any claims which You shall be liable to indemnify NewsReach against. You will then be required to consult with NewsReach regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of NewsReach without the express prior written consent of NewsReach which can be withheld or denied or conditioned by NewsReach in its sole discretion.
- d. Notwithstanding anything to contrary in the Agreement(s), in no event shall NewsReach, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not NewsReach has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
19. GENERAL TERMS
- a. The Agreement will continue to apply until terminated by either You or NewsReach as set forth below. If You want to terminate Your agreement with NewsReach, You may do so by
- (i) not accessing the Website; or
- (ii) closing Your Account for all of the Services that You use, where NewsReach has made this option available to You.
i. NewsReach is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
ii. The provision of the Services to You by NewsReach is, in NewsReach's opinion, no longer commercially viable;
iii. NewsReach has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
iv. In the event NewsReach faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
- d. NewsReach may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include:
- (i) removal of access to all offerings within the Website or with respect to the Services;
- (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and
(iii) prohibiting further use of the Services.
- e. You agree that all terminations shall be made in NewsReach's sole discretion and that NewsReach shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
- f. Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until NewsReach chooses to terminate them. NewsReach may inform the Content Contributors who have accepted your License orders on the Website, that this Agreement is terminated, and upon such information Content Contributors may cancel the License order. NewsReach may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
20. GOVERNING LAW AND JURISDICTION
21. ARBITRATION AND MEDIATION
- b. If the dispute is not settled by mediation within 60 days of the appointment of the mediator, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the provisions of Arbitration and Conciliation Act, 1996 as amended and in force.
- c. The language to be used in the mediation and in the arbitration shall be English. The governing law of the contract shall be the substantive law of India. In any arbitration commenced pursuant to this clause, (i) the number of arbitrators shall be one; and (ii) the seat, or venue of the arbitration shall be Mumbai, India
22. REPORT ABUSE AND TAKEDOWN POLICY
- 1. Since NewsReach is an online market place and an intermediary as defined by applicable law, NewsReach is not obliged to monitor or control the Products being sold on www.mp.newsreach.com ("Website") or monitor or control any other content on the Website. However, NewsReach at its discretion and in accordance with applicable law may choose to monitor any Products or other content and may remove any such content from the Website if NewsReach determines in its sole discretion that such content is in violation of NewsReach’s policies or any applicable law.
REPORT IPR INFRINGEMENT
- A. Report of Violations of Your Intellectual Property Rights
NewsReach also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, you are required to visit the “Raise a Grievance” at ___ with the Grievance Officer as per the form provided therein. You are required to select “REPORT IPR INFRINGEMENT” from the dropdown menu in the Type of Grievance Tab.
When You send an IP Infringement Notice (collectively referred to as "Notice(s)")
- 0. You declare that all statements made by you are true;
- 1. You acknowledge and agree that we may share your Notice to third parties including the parties involved in the allegedly infringing activities, our group companies, our advisors and other third parties;
- 2. Newsreach employs a third party Fact checker and may share your notice alongwith any proofs submitted by you.
- 3. You agree to indemnify NewsReach and its group companies against all claims which may arise in connection with such a Notice being made by You.Once we receive a Notice
- 0. We will evaluate the contents of the Notice
- 1. We may take such action as we deem appropriate in keeping with our policies and applicable law which may include, asking further details from you or taking down the content that was the subject matter of Your Notice.
REPORT OTHER CONCERNS
- B. Report of Violations of NewsReach Policy Or Law
. Your name, email id, phone number and postal address
- a. The exact nature of the Objectionable Content (such as whether the Objectionable Content is a Product being sold by a Seller on the Website or is a Product review or a Product description)
- b. The exact location (including the relevant web page) where the Objectionable Content appears
- c. Why do you consider the content to be objectionable?
- Report of Violations of other concerns
If you believe that any content on our website contain any form of objectionable material or information, please inform via email to firstname.lastname@example.org
When You send us an Objectionable Content through Email
- 1. You declare that all statements made by you are true;
- 2. You acknowledge and agree that we may share your Notice to third parties including the parties involved in the allegedly infringing activities, our group companies, our advisors and other third parties;
- 3. Newsreach employs a third party Fact checker and may share your notice alongwith any proofs submitted by you.
- 4. You agree to indemnify NewsReach and its group companies against all claims which may arise in connection with such a Notice being made by You.Once we receive a Notice
- 2. We will evaluate the contents of the Notice
- 3. We may take such action as we deem appropriate in keeping with our policies and applicable law which may include, asking further details from you or taking down the content that was the subject matter of Your Notice.
When You use the Website or send emails or other data, information or communication to NewsReach, You agree and understand that You are communicating with NewsReach through electronic records and You consent to receive communications via electronic records from NewsReach periodically and as and when required. NewsReach will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
24. GENERAL PROVISIONS
- 2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. NewsReach's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by NewsReach to any third parties without the requirement of seeking Your prior consent. NewsReach may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. NewsReach shall have right to transfer Your Account and Account Information to a third party who purchases NewsReach's business as conducted under the Website.
- 7. Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of NewsReach for the purpose of this Agreement shall be Mrs. Sarvagnya Manubarwala with email address: email@example.com . NewsReach may change the aforesaid details from time to time under intimation to You.
25. FEEDBACK AND INFORMATION
- a. Any feedback You provide to this Website shall be deemed to be non-confidential. NewsReach shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
- (i) Your feedback does not contain confidential or proprietary information of You or of third parties;
- (ii) NewsReach is not under any obligation of confidentiality, express or implied, with respect to the feedback;
- (iii) NewsReach may have something similar to the feedback already under consideration or in development; and
- (iv) You are not entitled to any compensation or reimbursement of any kind from NewsReach for the feedback under any circumstances.
- b. To clarify, NewsReach may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however NewsReach shall not be obliged to do so. Further, in the event that NewsReach makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to NewsReach, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
Vyomeen Media Private Limited (henceforth referred to as ‘NewsReach’), the owner of NewsReach Marketplace with website address https://mp.newsreach.in, has launched ‘NR Wallet’, a digital closed-loop PPI(prepaid payment instrument), for the benefit of its users in order to facilitate easy and convenient payments.
Requirements for registration for NR Wallet:
Registration is open to all customers who satisfy all of the following criteria:
- User is resident of India
- User has attained 18 years of age
- User has a valid mobile number
- User has a verified account on NewsReach Marketplace
Completion of registration for NR Wallet
New users or first-time users of NR Wallet services will be required to register on the NewsReach Marketplace website by providing details such as Full Name, Email Id and Mobile Number. Users who have met the requirements stated above will be sent an OTP(one-time password) on their Registered Mobile Number(RMN) to complete the registration process for NR Wallet. The user is required to log in through the website (https://mp.newsreach.in) to use the NR Wallet.
In certain cases, where NewsReach accepts refund requests, users are required to fill & submit an online form to complete the NR Wallet KYC process. The NewsReach team will verify the submitted details against the details on record with NewsReach for the same customer, to successfully complete the KYC Process.
NR Wallet: glossary of terms
- Wallet account balance/ Wallet Balance : The money stored and available for purchases on NewsReach Marketplace.
- Wallet Load : Money credited to the wallet account through online payment by net banking, UPI, Wallet, Debit or Credit Card.
- Wallet Spend : Money debited from the wallet account towards purchase of content from NewsReach Marketplace.
- Date of expiry : Any amount loaded or reloaded in the NR Wallet will have lifetime validity till the account is deactivated or suspended.
Wallet Load guidelines
- Users can load money into a NR Wallet account through acceptable payment methods. Accepted forms of payment for wallet load includes: Net Banking, UPI, Wallet, Debit or Credit Card.
- International cards, travel cards, or transfer of money from other electronic/digital wallets are not allowed for wallet load.
- For all wallet loads, Re.1 is equal to 1 NR coin.
- Allowed wallet loads are multiples of 500 subject to the following conditions: For all the first wallet loads(First time after registration) and all subsequent wallet loads where the current wallet account balance is zero(0), the minimum load is INR 1500. Additional amount in excess if INR 1500 can be loaded in multiples of INR 500 only, subject to the pertinent daily limits and total wallet account balance limit. For all repeat wallet loads where the current wallet account balance is not zero, the minimum load is INR 1000. Additional amount in excess of INR 1000 can be loaded in multiples of INR 500 only subject to the pertinent daily limits and total wallet account balance limit.
- Users loading more than INR 10,000 per month to their NR Wallet, will be required to upload their PAN Card details on their marketplace account.
Wallet spend guidelines
- NR Wallet is a closed PPI and the wallet balance can only be used towards purchase of content from NewsReach Marketplace.
- The user is allowed to use the entire balance in the NR Wallet towards any purchase of content from NewsReach Marketplace, however different wallet load rules apply when the account balance goes to zero(0). Please review the wallet load guidelines above for further information.
Fees & Charges
NewsReach does not charge any additional fees for loading money or spending money through the NR Wallet. No interest is paid on the wallet account balance.
Wallet transaction limits
|Nature of Transaction
Non transferability of NR Wallet
- Only one NR wallet account can be opened and maintained by each registered user.
- Transfer of Wallet account balance between different NR Wallet accounts is not permitted.
- Transfer of NR Wallet account balance from or to any other electronic/digital wallet is not permitted.
- Reversal of NR Wallet account balance to any bank or credit card account or withdrawal in the form of cash is not permitted.
Closure of Wallet account
Users, at their discretion, can request for closure of NR wallet accounts. For initiating such a request, the customer is required to contact NewsReach customer care at the number provided below. Customer Care will verify the request and ask for a confirmation message from the RMN prior to processing the request. Any wallet amount balance at the time of closure will be refunded to the source account connected to the NewsReach Marketplace account.
Expiry of Wallet account balance
Any amount loaded or reloaded in the NR Wallet has a lifetime validity.
Fraud & Suspension of wallet account
In case of any suspected fraudulent use of the Wallet account, the user is requested to contact our customer care immediately. The account will be held in suspension until the matter is investigated and resolved. No wallet transactions, load or spend are allowed in a suspended account.
Users are obligated to use the NR Wallet balance as per the provisions of these T&Cs and other norms prescribed by NewsReach from time to time. Any activity in contravention of such provisions may lead to suspension of the NR wallet account, solely at the discretion of NewsReach.
Change of Registered Mobile Number
To prevent misuse, all user requests for change of registered mobile number are handled through our customer care department only. Users are requested to contact customer care at the number provided below.
A request for change of RMN requires the user to either provide proof in the form of phone bills for the RMN and the new phone number in the registered name, or confirmation via an OTP sent to the RMN.
Returns and refunds for Wallet transactions
Any amount added to the NR Wallet can’t be refunded to the customer in cash or any other form.
Changes to terms & conditions
NewsReach reserves the right to make changes to the T&Cs governing NR Wallet, at any time through its sole discretion. All terms and conditions are applicable to the extent permitted by law. By continuing usage of NR Wallet, the user agrees to be bound by such changes/revisions of these terms & conditions.
Governing Law and Jurisdiction
These terms and conditions are governed by the construed in accordance with the laws of India. Users agree to submit to the exclusive jurisdiction of the courts at Delhi. User agrees to indemnify NewsReach for all claims arising out of or in connection with a breach of any of these T&Cs and user’s use of NR wallet balance.
Entire Terms and conditions, Construction
These terms and conditions are between you and NEwsReach. These terms and conditions will supersede all prior proposals and all or any other prior arrangement/agreements. In the event any provision of these terms and conditions shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force,effect and shall be enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of these terms and conditions.
50000+ content posted per month
Users can also refer to the NR wallet FAQs section on the NewsReach Marketplace website. In case of any questions, comments or complaints related to NR Wallet, please contact our customer care at firstname.lastname@example.org
End User License Agreement
Important Information – Please read carefully
By way of the installation, copying, downloading, accessing or otherwise use of this product, you are agreeing to be legally bound by the herein contained terms of this license agreement. If you do not agree to be bound by the terms of this eula, you then have no rights to the product and should therefore not install, copy, download, access nor use the product.
This Product is hereby protected by copyright laws, as well as any other intellectual property laws. This Product is licensed and not sold.
Vyomeen Media Pvt. Ltd. shall grant to you a non-exclusive license for the use of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software upgrades provided by Vyomeen Media Pvt. Ltd. that would replace, over write and/or supplement the original installed version of the Product, unless those other upgrades are covered under a separate license, at which those terms of that license will govern.
Should you breach this EULA at any time, your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. However, all provisions of this EULA, with the exception of the License Grant , will remain in effect and thus shall survive termination.
The aforementioned Product is protected by copyright and other intellectual property laws and treaties, and as such all rights, title, and interest in and to the content offered, including but not limited to, any photographs, images, video animation, text, and music, that may be incorporated as part of the offered content. Such offered content is protected by copyright laws and international treaty provisions. Therefore, offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.
Restrictions of Use
As a Licensee, You may not:
- Make use of the offered content on more than one website at a time, without prior purchase of additional licenses;
- You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;
- Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License;
- Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;
- Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or
- Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.
Vyomeen Media Pvt. Ltd. may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of Vyomeen Media Pvt. Ltd. to make conditional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.
Disclaimer Of Warranty
With regard and with relationship to the maximum extent permitted by applicable law, vyomeen media pvt. Ltd., and, if applicable, related suppliers, shall provide the product and any support services, if needed, related to the product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence or lack of workmanlike effort, all with respect to the product, and the provision of or failure to provide support services. Furthermore, there is no warranty or condition of title, quiet enjoyment, quiet possession, or non-infringement with regards to the herein contained product. The entire risk as to the quality of or performance of the product and support services, if any, rest with you.
Limitation of liability and remedies
In spite of any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of Vyomeen Media Pvt. Ltd. and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this Product . Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
This EULA, in its entirety, shall be legally binding upon and inure to the benefit of Vyomeen Media Pvt. Ltd. and you, our respective successors and permitted assigns. Should any of this provision be deemed invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision of this EULA. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall only be effective when done so in writing and signed off by Vyomeen Media Pvt. Ltd. and you. This EULA shall be governed solely by the law in the Republic of India. Should any action arise out of or in relation to this EULA, such action may be brought exclusively in the appropriate state court, you and Vyomeen Media Pvt. Ltd.irrevocably consented to Delhi as jurisdiction.