1. ACCEPTANCE OF THE SpotM TERMS
Welcome to the Content Submission Service (“Service”) of SpotM. Your use of the Service is subject to these Additional Terms which supplement the SpotM Terms of Service (“TOS”), which is hereby incorporated by reference. SpotM reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of these Additional Terms at http://info.yahoo.com/legal/in/yahoo/spotm/atos/ugc and the most recent version of the TOS at http://info.yahoo.com/legal/in/yahoo/spotm/tos. In the event of any inconsistency between the Additional Terms and the TOS, these Additional Terms shall prevail.
2. DESCRIPTION OF SERVICE
The Service provides functionality that allows you (and not anyone using the Service on your behalf) as a SpotM Registered User (“You”) to submit content that may include information, text, images, audio, video, and any other content (“Your Content”) to SpotM and to be indexed and crawled by SpotM’s or Yahoo!’s Search and Multimedia Search technology and otherwise used by SpotM for public display on SpotM and Yahoo!’s network of properties and on third-party sites where syndicated by SpotM or Yahoo!, and for the public posting, viewing and sharing of Your Content with others. You, and not SpotM, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service. You expressly acknowledge and agree that the Service is a public service, that once You submit Your Content for inclusion into the Service it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content, including any personally identifying information that you may make available online. Further, You agree and acknowledge that Your Content and any associated public user profile submitted to the Service may appear on SpotM and Yahoo!’s network of properties and sites of SpotM partners, at SpotM’s and Yahoo! India’s discretion, and may be syndicated on third party sites in other countries. If the Service provides You with the option of limiting the sharing of a particular piece of Your Content at a particular time, SpotM will honour the option You have selected for that piece of Your Content at that time, but any such selection shall apply only to that particular piece of Your Content and not more generally to Your Content across the Service. There is no cost to You to submit Your Content.
3. PROHIBITED CONTENT AND CONDUCT
By submitting Your Content, You agree:
a. that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) to Your Content and any other information or works that You incorporate into Your Content, and You authorize and license SpotM to use Your Content in the manner it deems fit, and as contemplated in these Additional Terms;
b. that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person’s name or likeness in Your Content for use in the manner contemplated in these Additional Terms;
c. not to include in Your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
d. that if You are not at least 18 years of age you have made a representation in terms of Sections 4(b) and 8 of the TOS.
4. SUBMISSION OF YOUR CONTENT TO SpotM
As between You and SpotM, You retain ownership to Your Content that You submit for inclusion into the Service. However, by submitting Your Content to SpotM, You hereby grant SpotM, Yahoo! India and its affiliates the following worldwide, royalty-free, non-exclusive, sublicensable and transferable rights and licenses in perpetuity (whether exercised or not):
a. to host, cache, store, archive, index, crawl, create algorithms based on, copy, modify, distribute, transmit, translate or transcode Your Content to appropriate media formats, standards or mediums as part of the Service;
b. to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works and compilations of, publicly perform and publicly display Your Content on the Service, on SpotM and sites of SpotM partners or in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels;
c. to use Your Content for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Content in any media format or medium and through any media channels.
The foregoing licenses granted by You to the non-text portions of Your Content shall terminate once You remove or delete, or request removal or deletion of, as applicable, Your Content from the Service, or SpotM removes or deletes Your Content under the TOS or these Additional Terms, and the removal has been processed on SpotM’s systems. Any derivative works created by SpotM, if at all, using Your Content shall remain the property of SpotM.
SpotM has no duty or obligation, express or implied, to post, host, stream or otherwise include any of Your Content as part of the Service.
5. USER CONTENT
(a) SpotM and Yahoo! India consider private messages transmitted via the Services of the website http://spotm.in to be the private correspondence of the sender and recipient. SpotM will not monitor, edit, or disclose the contents of Your private communications. However, You agree that SpotM may do so: (a) as required by law; (b) to comply with legal processes; (c) if necessary to enforce these Additional Terms; (d) to respond to claims that Your Content violates the rights of third parties; or (e) to protect the rights or property of SpotM and/ or Yahoo! India.
(b) You acknowledge that SpotM and/ or Yahoo! India are not “network service providers” under Section 79 of the Information Technology Act, 2000 and that Your Content posted on publicly accessible areas is publicly available and that the SpotM does not take any responsibility for such content. However, SpotM reserves the right to remove any public content posted by You or any user that violates any law or condition of these Additional Terms or the TOS, upon notice of such violation.
(c) You understand and agree that technical (and sometimes manual) processing of email communications, search requests, community postings, and any other information supplied by You is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements.
(d) You acknowledge and agree that SpotM and Yahoo! India do not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
6. USER NAME OR NICKNAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
You may be asked to adopt a nick name on SpotM and You agree to choose a nick name which is unique, not obscene, unlawful, or otherwise objectionable.
7. ADVERTISING RIGHTS
SpotM reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with Your Content, and SpotM will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Additional Terms obligates or may be deemed to obligate SpotM to sell, license or offer to sell or license any advertising, promotion or distribution rights
8. INDEMNITY
You agree to indemnify and hold harmless SpotM, Yahoo ! India and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of and access to the Service, Your violation of the TOS or these Additional Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations
9. SpotM’S RESERVATION OF RIGHTS
In addition to all other legal remedies available to SpotM, You acknowledge that SpotM has the right to remove Your Content from the Service or refuse to include Your Content in the Service, suspend or terminate Your SpotM account and/or registration or refuse to grant You access to any current or future use of the Service or any SpotM service, with or without warning, if SpotM, in its sole discretion, believes You have: (i) violated or tried to violate the rights of SpotM or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Additional Terms or any other terms of the TOS.
10. LIMITATION OF LIABILITY
(a) YOU AGREE THAT SpotM AND YAHOO! INDIA, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF SpotM AND YAHOO! INDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) YOU FURTHER AGREE THAT SpotM AND YAHOO! INDIA, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SpotM AND YAHOO! INDIA BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO COMPLY WITH THE INDIAN COPYRIGHT ACT.
(d) IN NO EVENT SHALL SpotM AND YAHOO! INDIA BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THESE ADDITIONAL TERMS FOR ANY AGGREGATE AMOUNT IN EXCESS OF INR 100/-.
11. DISCLAIMER
You acknowledge that SpotM and Yahoo! India are not responsible or liable for the manner in which users Content is used as contemplated in these Additional Terms and for any actions or remedies that may be enforced by third parties against You in relation to Your Content.
(a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) SpotM AND YAHOO! INDIA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CONTENTS OF THE DISCLAIMERS DETAILED ON THE WEBSITE HTTP://SPOTM.IN MAY ALSO BE READ AS PART OF THESE ADDITIONAL TERMS PRESENT.
(c) SpotM AND YAHOO! INDIA MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO SpotM AND YAHOO! INDIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
12. INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
13. GENERAL
SpotM’s third party data, information and content providers are intended beneficiaries of these Additional Terms. The Additional Terms and the relationship between You and SpotM shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and SpotM agree to submit to the exclusive jurisdiction of the courts located in Mumbai. The failure of SpotM, and their third party data, information and content providers to exercise or enforce any right or provision of these Additional Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Additional Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. AMENDMENT
SpotM may modify these Additional Terms at any time, and such modifications shall be effective immediately upon posting and continued access or use of the Service shall be deemed to be Your conclusive acceptance of the modified Additional Terms.