Terms & Conditions

VYOMEEN MEDIA PVT. LTD. RECOGNISES THE IMPORTANCE OF MAINTAINING YOUR PRIVACY. WE VALUE YOUR PRIVACY AND APPRECIATE YOUR TRUST IN US. THIS PRIVACY POLICY APPLIES TO CURRENT AND FORMER USERS OF NEWSREACH. BY VISITING AND/OR USING NEWSREACH, YOU AGREE TO ABIDE BY AND BE BOUND BY THIS PRIVACY POLICY.

THIS PRIVACY POLICY EXPLAINS THE INFORMATION PRACTICES THAT APPLY TO PERSONALLY IDENTIFIABLE INFORMATION THAT WE COLLECT ABOUT YOU AS AN INDIVIDUAL ENTITY, WHEN YOU VISIT AND/OR USE NEWSREACH. ANY INFORMATION THAT WE COLLECT ABOUT YOU WHILE YOU ARE VISITING OR USING NEWSREACH WILL BE HANDLED IN ACCORDANCE WITH THIS PRIVACY POLICY. THIS PRIVACY POLICY DOES NOT APPLY TO INFORMATION ABOUT YOU COLLECTED BY OUR AFFILIATES OR THIRD PARTY WEBSITES/APPLICATIONS THAT MAY POST LINKS OR ADVERTISEMENTS ON OR OTHERWISE BE ACCESSIBLE FROM NEWSREACH. THE INFORMATION COLLECTED BY THESE AFFILIATES OR THIRD PARTY WEBSITES/APPLICATIONS IS SUBJECT TO THEIR OWN PRIVACY (AND OTHER) POLICIES.

THIS AGREEMENT FORMS PART OF THE TERMS OF USE AND OTHER AGREEMENT(S) ENTERED INTO BY YOU WITH US. ALL DEFINITIONS/ MEANINGS OF WORDS AND TERMS IN OTHER AGREEMENTS SHALL APPLY TO THIS PRIVACY POLICY UNLESS ANYTHING IS REPUGNANT TO THE CONTEXT HEREIN BELOW.

1. Information We Collect

This section of our Privacy Policy describes the categories of information collected by Vyomeen Media Pvt. Ltd. You have the option not to provide information; however, withholding information may prevent you from being able to use some of the features of NewsReach.

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

In addition, we collect your paid service(s) request(s) information and purchase and payment history and details.
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

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.
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.
This Privacy Policy Covers The Use Of Cookies And Similar Files By Vyomeen Media Pvt. Ltd. And NewsReach Only And Does Not Cover The Use Of Cookies And Similar Files By Any Third Party Advertisers Or Websites Or Applications Linked To NewsReach.

6. Use And Disclosure Of Information

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.
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.
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

Newsreach being an Intermediary Market place complies with Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021 (“IT Rules”).
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.
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.
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
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.

10. Changes To This Privacy Policy

This Privacy Policy May Change From Time To Time. Vyomeen Media Pvt. Ltd. May Revise This Privacy Policy From Time To Time By Posting A Revised Privacy Policy On NewsReach, Such That The Latest Revised Privacy Policy Shall Be Binding On All Users. We Reserve The Right To Modify This Privacy Policy At Any Time, So Please View It Frequently. The “last updated on” shall indicate the date on which the Policy was last changed.

Introduction

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.

Community Standards

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.

1. 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.

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

  1. 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.
  2. This Agreement incorporates the Terms of Service, the Privacy Policy, and the License Agreement applicable to the Marketplace. In the event of any inconsistency between this Agreement and the Terms of Service, the terms of this Agreement shall prevail.
  3. Unless the context otherwise specifies the definitions stated in the Terms of Use shall apply to this Agreement.

 2. REGISTRATION

  1. 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.
  2. Newsreach reserves the right to terminate/ suspend your account (subject to Terms of Use and other agreement(s)) if it is found that you have furnished incorrect documents or have provided false information or if any complaint is received in that regard.

 3. RIGHTS OF THE CONTRIBUTOR

  1. 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”).
  2. 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.
  3. 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

  1. The Terms herein below are in addition to the Terms relating to NewsReach Wallet, payments, and consideration. If any discrepancy is found in these terms and the Terms of Use, the terms herein below shall prevail.
  2. 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.
  3. 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.
  4. 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

  1. 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”)
  2. 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

  1. 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.
  2. 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

  1. 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.
  2. 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:
  1. Marks are and shall remain the sole property of NEWSREACH or its affiliates and associated companies, as the case may be;
  2. nothing in this Agreement shall confer upon You any right of ownership in the Marks;
  3. 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
  4. 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.
  5. 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.

8. RESTRICTIONS

  1. a) You shall not upload any Contributor Content and the Licensed Content, which:
    1. belongs to another person and to which the user does not have any right;
    2. 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;
    3. is harmful to child;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. 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;
    7. impersonates another person;
    8. 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;
    9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
    10. 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;
    11. Is intended towards unlawful multi-level marketing, such as a pyramid scheme;
    12. 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;
    13. Contains private and sensitive information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
    14. 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.
  2. You shall not use the Marketplace for any activity or in a manner or for the purpose which is prohibited as per the Terms of Use.
  3. NEWSREACH has the right to refuse your registration of an account or to close any existing account, or remove any Contributors Content or Licensed Content for fraud, copyright infringement, violation of third party’s rights of privacy or publicity, artificially inflating downloads, upload of material that is obscene in nature, violent or that might be construed as defamatory or for any breach of the terms of this Agreement, Terms of Use, Privacy Policy and other agreements that You have with NEWSREACH.
  4. 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.

9. TERMINATION

  1. NEWSREACH may immediately terminate or suspend Your account or remove any Contributor Content or the Licensed Content, in its sole discretion, for any reason, including in the event of any material breach of this Agreement, Terms of Service, Privacy Policy, License Agreement and such other Agreement as may be entered between you and NEWSREACH. NEWSREACH’s right to termination shall be in addition to and without prejudice to NEWSREACH’s other rights at law and/or equity.
  2. You may remove any Content from your account at any time, or terminate your account on 30 days prior notice to NEWSREACH.
  3. 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.
  4. 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.
  5. 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

  1. 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

  1. You hereby represent and warrant that:
    1. You have the legal capacity and authority to enter into this Agreement and to fully perform all the obligations under the Agreement; and
    2. The Subscription Information is true and shall always remain updated.
  2. You further represent and warrant that:
    1. 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,
    2. the Contributor Content and the Licensed Content) does not violate, infringe, misappropriate or otherwise interfere with any third party rights;
    3. the Contributor Content and Licensed Content does not contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, sacrilegious, libellous or defamatory;
    4. 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.;
    5. 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;
    6. 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
    7. the Contributor Content and Licensed Content does not otherwise violate the Terms of Use, Privacy Policy, License Agreement, and any other documents that may be expressly specified by NEWSREACH from time to time. You hereby agree to indemnify and hold harmless NEWSREACH from and against any claim or loss incurred by NEWSREACH in connection with Your violation of any of the foregoing (i) – (vii)

12. INDEMNIFICATION

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:

  1. 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;
  2. any use or alleged use of the Marketplace under Your account by any person, whether or not authorized by you;
  3. resulting from any communication made or Contributor Content or the Licensed Content uploaded by You or through Your account;
  4. 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;
  5. 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

  1. ERRORS, MISTAKES, OR INACCURACIES OF THE MARKETPLACE,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MARKETPLACE,
  3. ANY UNAUTHORIZED ACCESS TO THE MARKETPLACE OR USE OF ANY CONTENT AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF SERVICES TO OR FROM OUR MARKETPLACE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MARKETPLACE BY ANY THIRD PARTY, AND/OR
  6. 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

  1. ERRORS, MISTAKES, OR INACCURACIES OF MARKETPLACE,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR OR YOUR LICENSEE’S ACCESS TO AND USE OF THE MARKETPLACE, (
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR MARKETPLACE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MARKETPLACE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MARKETPLACE BY ANY THIRD PARTY, AND/OR
  6. 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.

15. COMPETENCE

  1. 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.
  2. If you are accessing, browsing, and availing of these services on someone else’s behalf; you represent that you have the authority to bind that person to all the terms of use and other agreements herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site/ any transaction done by you or resulting from such access or use of the Site in whatsoever nature.
  3. Newsreach reserves the right to terminate, delete, remove, disable, or suspend your account if you are a minor user breaching these terms, without giving any notice or providing any reasons thereof for such termination subject to Privacy Policy and other agreements.

16. ASSIGNMENT

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

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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

19. MISCELLANEOUS

      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 help@newsreach.in .
      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.
      3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. NewsReach may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
      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: help@newsreach.in . NewsReach may change the aforesaid details from time to time under intimation to You.

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

  1. 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.
  2. This Agreement incorporates the Terms of Service, the Privacy Policy, and the License Agreement applicable to the Marketplace. In the event of any inconsistency between this Agreement and the Terms of Service, the terms of this Agreement shall prevail.
  3. Unless the context otherwise specifies the definitions stated in the Terms of Use shall apply to this Agreement.

 2. REGISTRATION

  1. 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.
  2. Newsreach reserves the right to terminate/ suspend your account (subject to Terms of Use and other agreement(s)) if it is found that you have furnished incorrect documents or have provided false information or if any complaint is received in that regard.

 3. RIGHTS OF THE CONTRIBUTOR

  1. 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”).
  2. 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.
  3. 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

  1. The Terms herein below are in addition to the Terms relating to NewsReach Wallet, payments, and consideration. If any discrepancy is found in these terms and the Terms of Use, the terms herein below shall prevail.
  2. 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.
  3. 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.
  4. 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

  1. 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”)
  2. 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

  1. 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.
  2. 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

  1. 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.
  2. 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:
  1. Marks are and shall remain the sole property of NEWSREACH or its affiliates and associated companies, as the case may be;
  2. nothing in this Agreement shall confer upon You any right of ownership in the Marks;
  3. 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
  4. 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.
  5. 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.

8. RESTRICTIONS

  1. a) You shall not upload any Contributor Content and the Licensed Content, which:
    1. belongs to another person and to which the user does not have any right;
    2. 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;
    3. is harmful to child;
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. 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;
    7. impersonates another person;
    8. 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;
    9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
    10. 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;
    11. Is intended towards unlawful multi-level marketing, such as a pyramid scheme;
    12. 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;
    13. Contains private and sensitive information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
    14. 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.
  2. You shall not use the Marketplace for any activity or in a manner or for the purpose which is prohibited as per the Terms of Use.
  3. NEWSREACH has the right to refuse your registration of an account or to close any existing account, or remove any Contributors Content or Licensed Content for fraud, copyright infringement, violation of third party’s rights of privacy or publicity, artificially inflating downloads, upload of material that is obscene in nature, violent or that might be construed as defamatory or for any breach of the terms of this Agreement, Terms of Use, Privacy Policy and other agreements that You have with NEWSREACH.
  4. 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.

9. TERMINATION

  1. NEWSREACH may immediately terminate or suspend Your account or remove any Contributor Content or the Licensed Content, in its sole discretion, for any reason, including in the event of any material breach of this Agreement, Terms of Service, Privacy Policy, License Agreement and such other Agreement as may be entered between you and NEWSREACH. NEWSREACH’s right to termination shall be in addition to and without prejudice to NEWSREACH’s other rights at law and/or equity.
  2. You may remove any Content from your account at any time, or terminate your account on 30 days prior notice to NEWSREACH.
  3. 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.
  4. 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.
  5. 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

  1. 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

  1. You hereby represent and warrant that:
    1. You have the legal capacity and authority to enter into this Agreement and to fully perform all the obligations under the Agreement; and
    2. The Subscription Information is true and shall always remain updated.
  2. You further represent and warrant that:
    1. 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,
    2. the Contributor Content and the Licensed Content) does not violate, infringe, misappropriate or otherwise interfere with any third party rights;
    3. the Contributor Content and Licensed Content does not contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, sacrilegious, libellous or defamatory;
    4. 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.;
    5. 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;
    6. 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
    7. the Contributor Content and Licensed Content does not otherwise violate the Terms of Use, Privacy Policy, License Agreement, and any other documents that may be expressly specified by NEWSREACH from time to time. You hereby agree to indemnify and hold harmless NEWSREACH from and against any claim or loss incurred by NEWSREACH in connection with Your violation of any of the foregoing (i) – (vii)

12. INDEMNIFICATION

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:

  1. 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;
  2. any use or alleged use of the Marketplace under Your account by any person, whether or not authorized by you;
  3. resulting from any communication made or Contributor Content or the Licensed Content uploaded by You or through Your account;
  4. 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;
  5. 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

  1. ERRORS, MISTAKES, OR INACCURACIES OF THE MARKETPLACE,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MARKETPLACE,
  3. ANY UNAUTHORIZED ACCESS TO THE MARKETPLACE OR USE OF ANY CONTENT AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF SERVICES TO OR FROM OUR MARKETPLACE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MARKETPLACE BY ANY THIRD PARTY, AND/OR
  6. 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

  1. ERRORS, MISTAKES, OR INACCURACIES OF MARKETPLACE,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR OR YOUR LICENSEE’S ACCESS TO AND USE OF THE MARKETPLACE, (
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR MARKETPLACE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR MARKETPLACE,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MARKETPLACE BY ANY THIRD PARTY, AND/OR
  6. 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.

15. COMPETENCE

  1. 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.
  2. If you are accessing, browsing, and availing of these services on someone else’s behalf; you represent that you have the authority to bind that person to all the terms of use and other agreements herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site/ any transaction done by you or resulting from such access or use of the Site in whatsoever nature.
  3. Newsreach reserves the right to terminate, delete, remove, disable, or suspend your account if you are a minor user breaching these terms, without giving any notice or providing any reasons thereof for such termination subject to Privacy Policy and other agreements.

16. ASSIGNMENT

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

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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

19. MISCELLANEOUS

      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 help@newsreach.in .
      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.
      3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. NewsReach may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
      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: help@newsreach.in . NewsReach may change the aforesaid details from time to time under intimation to You.

Introduction

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.

Community Standards

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.

 1. 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).

   2. SAFETY

  1. Suicide and Self-Injury 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
    • Suicide.
    • Self-injury.
    • 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
  2. Child Sexual Exploitation, Abuse and NudityWe 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:
      • Restraints.
      • Focus on genitals.
      • Presence of an aroused adult.
      • Presence of sex toys.
      • Sexualised costume.
      • Stripping.
      • 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.
  3. Privacy ViolationsAny 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

    3. OBJECTIONABLE CONTENT

  1. Hate Speech 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 PostContent 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:
      • Insects.
      • Animals that are culturally perceived as intellectually or physically inferior.
      • Filth, bacteria, disease and feces.
      • Sexual predator.
      • Subhumanity.
      • 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.
  2. Violent and Graphic ContentWe 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
    • Dismemberment.
    • 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.
    • Throat-slitting.
    • Live streams or photos of capital punishment of a person

  4. INTEGRITY AND AUTHENTICITY

  1. Account Integrity and Authentic Identity Authenticity of an individual or organization is verified by us at the time of log in. We deactivate the accounts that are fake or violate our terms of use.We will restrict or diable the account on the marketplace if you:
    • Violate terms of use
    • 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
    • Coordinate as a part of a network of accounts or other entities in order to violate or invade our privacy policy
  2. Spam 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.Do Not
    • 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
  3. Inauthentic BehaviorIn line with our commitment to authenticity, we don’t allow people to misrepresent themselves on the platform or use fake accounts.Do not
    • Create or use multiple accounts between multiple people
    • Mislead people by using false information for the profile
  4. MisinformationMisinformation 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

  5. 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

 6. CONTENT-RELATED REQUESTS AND DECISIONS

    1. User Requests
      • 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
    2. 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

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.

KYC Process

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

  1. Wallet account balance/ Wallet Balance : The money stored and available for purchases on NewsReach Marketplace.
  2. Wallet Load : Money credited to the wallet account through online payment by net banking, UPI, Wallet, Debit or Credit Card.
  3. Wallet Spend : Money debited from the wallet account towards purchase of content from NewsReach Marketplace.
  4. 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

  1. 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.
  2. International cards, travel cards, or transfer of money from other electronic/digital wallets are not allowed for wallet load.
  3. For all wallet loads, Re.1 is equal to 1 NR coin.
  4. 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.
  5. 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

  1. NR Wallet is a closed PPI and the wallet balance can only be used towards purchase of content from NewsReach Marketplace.
  2. 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 Daily Limit(INR) Monthly Limit(INR) Yearly Limit(INR)
Wallet load 10,000 1,20,000
Wallet spend 10,000 1,20,000
Non transferability of NR Wallet
  1. Only one NR wallet account can be opened and maintained by each registered user.
  2. Transfer of Wallet account balance between different NR Wallet accounts is not permitted.
  3. Transfer of NR Wallet account balance from or to any other electronic/digital wallet is not permitted.
  4. 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

Contact Information

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 support@newsreach.in

End User License Agreement

Important Information – Please read carefully The herein contained License Agreement (“License” or “EULA”) shall be considered a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as “You” or “Your”) and Vyomeen Media Pvt. Ltd. for the use of the specified website of NewsReach Marketplace , which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers (“Product”). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that NewsReach Marketplace may supply to You or make available to You, or that You could obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use. 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.

License Grant

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.

Termination

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.

Copyright

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:
  1. Make use of the offered content on more than one website at a time, without prior purchase of additional licenses;
  2. You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content;
  3. 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;
  4. Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;
  5. Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or
  6. Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.

Updates

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.

Miscellaneous

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.

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 ARESULT OF OR IN CONNECTION WITH THIS AGREEMENT ANDTHE MATTERS REFERENCED HEREIN.

 

1. DEFINITIONS

  • a. “Agreement” means the terms and conditions set out in this Agreement and includes the terms contained in the Invoice (incorporated by
    reference). The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency. The terms of this Agreement shall prevail in the event of any inconsistency with any
    provisions of the Terms of Use.
  • 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.
  • h. Expressions used but not defined in this Agreement and defined in the Terms of Use or any other Agreement(s) entered into by the Users with NewsReach shall have the meaning assigned to them in Terms of Use or any other Agreement(s).

 

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.

GENERAL

  • 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.

PREMIUM

  • 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.

B. EXCLUSIVE LICENSE

  • 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 ContentContributor 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 anysensitive 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 areasonable 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 LicensedContent.
  • l. The Licensee shall not use the Licensed content contrary to the type of rights granted or in breach of this Agreement.

 

4. SUBLICENSING:
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 onbehalf of your employer or client, then your employer or client can usethe content. In that case, you, the Publisher, represent and warrant thatyou have the full legal authority to bind your employer or client to theterms of this agreement. If you do not have that authority, then youremployer or client may not use the content. The rights acquired underlicense may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of licensing. In otherwords, 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 theLicensee’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 downloadedfrom 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 replacementof 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.

 

8. INDEMNITY

  • 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, arisingin any manner whatsoever from Licensee’s unauthorised useof 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 andhold 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 asset forth in Clause above. Provided, however, that the aggregate maximum liability of the Licensor to any Licensee under this Agreement and anyother 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.

 

9. RELEASE

  • 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.

 

10. TERMINATION

  • 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.

 

11. WITHDRAWAL

  • 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.

 

12. MISCELLANEOUS

  • 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.

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