TERMS OF USE [“Terms“]

 

1.                  INTRODUCTION:

 

1.1.            Sochcast Media Private Limited is incorporated under the Indian Companies Act, 2013 bearing CIN #U22300KA2020PTC137956 and has its registered office at Bangalore, India [hereinafter referred to as “Sochcast“] which owns and operates http://www.sochcast.com [“Website“] and Sochcast Mobile Application [“Mobile Application“] [the Website and Mobile Application are hereinafter collectively referred to as the “Platform“]. Sochcast offers and allows any person to access and use this Platform or any part thereof for the purpose of listening, viewing, sharing, displaying or uploading Content [hereinafter referred to as “User“], conditioned upon User's acceptance of all terms, conditions, policies and notices stated herein.

 

1.2.            Sochcast is allowing Users to hear sound recordings, podcasts, audio, music and view the photographs, text, graphics, user interfaces, visual interfaces, trademarks, service marks, logos, artwork, information, design, structure, simultaneously see and hear the video/audio-video and arrangement of any other materials and information incorporated into and/or made available through the Platform from time to time [hereinafter referred to as the “Content“].

 

1.3.            User hereby represents and warrants to Sochcast that the User is at least eighteen [18] years of age or above and is capable of entering, performing and adhering to these Terms and that the User agrees to be bound by these Terms.

 

1.4.            These Terms constitute a legally binding agreement between the ' User's use of the Platform, including uploading or delivery of Content via the Platform, on any mobile or internet connected device, or otherwise. By accessing the Platform and/or by clicking "I agree", User agrees to be bound by these Terms. These Terms apply to all Users, including without limitation users who are the viewers, browsers and/ or contributors/creators of Content, irrespective of the type, genre, nature or format. If the User does not agree to all the Terms, then User must not access the Platform. If these Terms are considered as an offer, acceptance is expressly limited to these Terms only.

 

2.                  AVAILABILITY OF THE PLATFORM :

 

2.1.            Sochcast will take reasonable efforts to keep the Platform operational. However, certain technical difficulties, periodic maintenance/upgrades and any other occurrences beyond the control of Sochcast may, from time to time, result in temporary unavailability of the Platform, or any part thereof. User agrees that Sochcast will not be liable to the User or to any third party for any direct or indirect consequences of any suspension, discontinuance of, or non-availability of the Platform, or any part thereof for any period of time.

 

3.                  USER REGISTRATION AND UPLOADING OF CONTENT:

 

3.1.            User agrees to truthfully provide the personal information and/or other information that may identify the User, or allow online or offline contact with the User.

 

3.2.            For uploading the Content the User has to complete the registration process [i.e. by providing Sochcast with current, complete and accurate information as prompted by the applicable registration form]. User also will choose a User name/login i.d. and password. User is entirely responsible for maintaining the confidentiality of the User name and password. By registering, User agrees to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Platform. Each registration is for a single individual User only.

 

3.3.            To upload the Content, User will be asked to enter his/her individual User name and password, as chosen by the User during the registration process. User will not use or select a User name which is a name of any other person with the intent to impersonate that person. User name used should not be offensive, vulgar or obscene and also should not infringe the Intellectual Property Rights [“IPR“], or proprietary rights of any other person/entity. Therefore, Sochcast does not permit any of the following:-

 

3.3.1.      Any other person sharing User's account and password;

3.3.2.      Any part of the Platform being cached in proxy servers and/or accessed by any person who has not registered with Sochcast as a User; or

3.3.3.      Access through a single account and password being made available to multiple users/persons of a network.

 

3.4.            If Sochcast reasonably believes that an account and password is being misused in any manner, Sochcast reserves the unfettered right to cancel access rights immediately without notice blacklist and block the access to all persons accessing from that particular IP address, including but not limited to the User.

 

3.5.            User is entirely responsible for any and all activities that occur under his/her account. User agrees to notify Sochcast immediately of any unauthorized use of his/her account or any other breach of security. Sochcast will not be liable for any loss that User may incur as a result of someone else using his/her password or account. However, User could be held liable and responsible for losses incurred by Sochcast or another person/entity due to someone else using the User's account and password.

 

4.                  FEES:

 

4.1.            Sochcast reserves the right to charge subscription fees and / or membership fees from a User in the future, by giving reasonable prior notice, in respect of any aspect of the Platform.

 

5.                  SOCHCAST CONTENT:

 

5.1.            The Content available, provided on the Platform is on "As Is" basis and is for User's personal viewing only and may not be copied, reproduced, retransmitted, distributed, disseminated, sold, rented, broadcasted, performed, made available to third parties, or circulated to anyone, or exploited for any other commercial or non-commercial purposes without the prior written consent of Sochcast.

 

5.2.            Except as expressly provided herein, User is not granted any right, title, interest, claim, privilege, or license to the designs, patents, copyrights, trade secrets, trademarks or service marks with respect to the Content or the Platform or any part thereof. Sochcast specifically reserves all rights, title, claim, privilege, benefit and interest [including the right to enforce the same] not expressly granted herein.

 

6.                  USER CONTENT:

 

6.1.            Sochcast allows the User to upload through the Platform content created by the User, or Content for which the User is the valid IPR owner [“User Content“]. User grants Sochcast a non-exclusive, transferable, perpetual, irrevocable, sub-licensable, royalty-free, worldwide license to host, use, reproduce, adapt, publish, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works, distribute, perform and display such User Content [in whole or part] worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world/universe. This license remains in effect even if the User ceases using the Platform. Without limitation, User's license to Sochcast includes the right to incorporate User Content into other parts of the Platform, the right to attribute the source of User Content using the User's name, trademarks, or logos; the right to use the User Content for promotional purposes and the right to analyse User Content [including to ensure that the User is conforming with these Terms and all other applicable policies].

 

6.2.            If the User owns the User Content before uploading it on the Platform, the User will continue owning it after providing it to Sochcast, subject to any rights granted in these Terms or any other applicable terms or policies and any access User provides to those using the Platform. Further, User represents and warrants that User owns or has secured all the rights necessary from all applicable rights holders to grant the licenses, rights and permissions in these Terms for display, distribution and dissemination of the User Content on the Platform.

 

6.3.            User acknowledges that Sochcast does not guarantee any User the specific term for which the User Content will be retained on the Platform. The maximum permissible limit of storage of User Content allotted to a User on the Servers of Sochcast may vary from time to time.

 

7.                  DATA PROTECTION:

 

7.1.            Sochcast may send newsletters, information and offer services to the User from time to time. For further details relating to Sochcast's policy relating to such offer please refer to our Privacy Policy at www.sochcast.com. Notwithstanding the foregoing, Sochcast reserves the right to disclose any User information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law, or regulation applicable to Sochcast.

7.2.            Further, Sochcast can and the User authorises Sochcast to disclose User's name, street address, city, state, pin code, country, phone number, email to IPR owners, as Sochcast in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, IPR infringement, piracy, or any other unlawful activity.

 

8.                  INACCURACIES IN THE CONTENT:

 

8.1.            User understands that by accessing the Platform, User may be exposed to offensive, or distasteful matter.

 

8.2.            Sochcast is not responsible if the information made available on the Platform is inaccurate, incomplete or not updated. The Content and information on this Platform is provided for general information only and should not be relied upon or used as the basis for making decisions without first seeking professional advice from subject matter experts, or duly licensed practitioners. The Platform may also include news, interviews, speech, articles and commentary containing information and/or opinions that, unless otherwise stated therein, should not be construed as specific advice, or recommendation from Sochcast, or official communication of Sochcast. Any reliance on the Content and information on the Platform is at User's own risk.

 

8.3.            Sochcast does not warrant, either expressly or by implication, the factual accuracy of the Content, nor does it adopt any statement as its own, or warrant any news or opinions offered by the creator/ IPR owner/ licensee of such Content. Based upon representations made by the User/ copyright owner/ creator themselves, Sochcast assumes that the statements made in such Content to be true, reliable and accurate. Sochcast cannot guarantee that such statements are true, reliable and accurate and Sochcast accepts no fault or liability for any error or omission with respect to such Content.

 

9.                  INTELLECTUAL PROPERTY RIGHTS [IPR]:

 

9.1.            Unless otherwise stated, copyright and all IPR in all the Content presented on the Platform [including but not limited to text, audio, video, photographs, audio-visual works, or graphical images], trademarks and logos appearing on the Platform are the property of Sochcast, its holding entity, affiliates and associates and are protected under applicable laws.

 

9.2.            Sochcast is not liable for any infringement of IPR arising out of the Content, or User Content posted on, or transmitted through the Platform, or items advertised on the Platform, by Users, or any other third parties. In the event of any grievance in relation to any Content or User+ Content uploaded on the Platform, kindly contact Sochcast at support@sochcast.com

 

9.3.            Sochcast requests the complainant to kindly provide the following information in the complaint:-

9.3.1.      A physical or electronic signature of a person authorized to act on behalf of the IPR owner for the purposes of the complaint;

9.3.2.      Identification of the Content on the Platform that is purportedly infringing;

9.3.3.      The address, telephone number or e-mail address of the complainant;

9.3.4.      A declaration that the complainant has a bonafide belief that use of the Content in the manner complained of is not authorized by the IPR owner, his/her/its agent, or by applicable law;

9.3.5.      A declaration, that the information in the notice of IPR infringement is true, complete and accurate; and that the complainant is duly authorized to act on behalf of the IPR owner.

 

10.              PROHIBITED ACTIVITIES:

 

10.1.        User hereby agrees and assures Sochcast that the User will not either directly or indirectly:-

 

10.1.1.  Attempt to gain unauthorized access to the Platform, any Content, other User accounts or their passwords, computer systems or to any part of the Platform, through hacking, password mining or through any means not intentionally made available through the Platform;

10.1.2.  Attempt to or actually disrupt, impair or interfere with, alter or modify any information, data or Content posted and/or displayed by Sochcast, or anyone else;

10.1.3.  Attempt to buy, sell, or transfer any aspect User account [including User username] or solicit, collect, or use login credentials or passwords of other Users.

10.1.4.  Act in a way that affects or reflects negatively on Sochcast, any User or anyone else;

10.1.5.  Circumvent, disable or otherwise interfere with security related features of the Platform, or any other features that prevent or restrict the use or copying of any Content or information;

10.1.6.  Deceive or mislead the addressee about the origin of any message, Content or communicates any information which is grossly offensive or menacing in nature;

10.1.7.  Delete from the Platform or any part thereof any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that the User does not own, or have express permission to modify;

10.1.8.  Discriminate or encourage discrimination against people based on personal attributes including race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, or any other categories prohibited by applicable law and regulation;

10.1.9.  Encourage any threat of harm of any kind to any person or property;

10.1.10.                      Engage in any antisocial, disruptive, or destructive acts;

10.1.11.                      Harm minors, or women, or any other person in any way;

10.1.12.                      Harvest, collect or attempt to collect and distribute [including through impersonation] any information from others including, without limitation, personal information, without such party's prior written consent;

10.1.13.                      Infringe any IPR including but not limited to copyright, trademark, patent, trade secret, or other proprietary rights of any third party, plagiarism and the unauthorized transmittal of copyrighted software;

10.1.14.                      Make any representation or warranty on behalf of Sochcast or any of its affiliates;

10.1.15.                      Make available any unsolicited or unauthorised advertising, promotional materials, “junk mail“, “spam“, “chain letters“, “pyramid schemes“, duplicative messages or any other form of solicitation;

10.1.16.                      Post, host, display, upload, modify, publish, transmit, update, share or otherwise make available any Content or information on the Platform which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

10.1.17.                      Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or is insulting any other nation, or public order or encourages either directly or indirectly the commission of any cognisable offence or prevents investigation of any offence;

10.1.18.                      Use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit Platform or any aspect thereof;

10.1.19.                      Use any framing techniques to enclose any trademark or logo or other proprietary information of Sochcast; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Platform, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law;

10.1.20.                      Violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws;

10.1.21.                      Violate or attempt to violate the security of the Platform, or any part of it, including, without limitation:-

10.1.21.1.                 Accessing data/Content not intended for the User or logging in to a processor, communications or access device or account which User is not authorized to access;

10.1.21.2.                 Attempting to probe, scan or test the vulnerability of the Platform [or any part thereof] or to breach any implemented security or authentication measures, regardless of User's motives or intent;

10.1.21.3.                 Attempting to damage, disable, overburden, or impair any Sochcast's server, or the network(s) connected to any Sochcast server, or interfere with any person's access to and the use of the Platform and/or carry out any “denial of service“ [DoS, DDoS] or any other harmful attacks on application or internet service.

10.1.21.4.                 Attempting to upload any software viruses, Trojan, worms, time bombs, bots, botnets, malicious content, Content theft, data manipulation, threats, or any other harmful computer code, components, files, elements or programs designed to interrupt, destroy or limit the functionality of any computer resource and thereby attempt to interfere with or disrupt the Platform. Sochcast reserves the unfettered right to prevent any such activity. Any such violations of system or network security by User may result in civil and/or criminal liability to such User. Sochcast reserves the right to investigate occurrences, which may involve such violations and Sochcast may involve, provide information to and cooperate with law enforcement authorities in prosecuting any party/user who is involved in any such violations.

 

10.2.        User understands that his/her personal information may be transferred unencrypted and involve:-

 

10.2.1.  Transmissions over various networks and across locations; and

10.2.2.  Changes to conform and adapt to technical requirements of connecting networks or devices.

 

10.3.        Sochcast expressly forbids the User from any attempt to resell, rent, reproduce, transmit, store or put to commercial use any Content, or part of the Platform; any derivative use of the Platform or its Content; any downloading or copying of account information for the benefit of any other person/entity; any renting, leasing, or otherwise transferring rights to the Platform / Content; displaying the name, logo, trademark or other identifier of another person/entity [except for the Platform or User] in such a manner as to give a viewer the impression that such other person/entity is a publisher or distributor, or any data gathering or extraction tools; or any use of meta tags. User may not [whether directly or through the use of any software program] create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any portion of the Platform.

 

10.4.        No part of the Platform may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission of Sochcast.

 

11.              LINKS TO OTHER SITES:

 

11.1.        All warranties and conditions expressed or implied of any kind, regarding any matter pertaining to the Platform, or any Content, User Content, information, including certain links which may be put on the Platform will lead to resources located on servers maintained by third parties and Sochcast will have no control or connection, business or otherwise as these sites are external to Sochcast. User agrees and understands that Sochcast is providing these links to the User solely as a convenience to the User and therefore Sochcast neither endorses nor offers any judgement or warranty and accepts no responsibility or liability whatsoever for the authenticity, availability, suitability, reliability, accuracy of the information, software, services and for any damage, loss or harm, direct or consequential that may be incurred by User's visit and/or transaction/s on these sites, as the same would be provided on "As Is" without warranty of any kind or that the information contained in these other sites would be error free.

 

11.2.        User to carefully review the respective third party's policies and practices and make sure that User understands them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third party product/services should be directed to the third party without any recourse to Sochcast.

 

12.              ADVERTISING MATERIAL:

 

12.1.        Part of the Platform may contain advertising information, or promotion material, or other material submitted to Sochcast by third parties. Responsibility for ensuring that material submitted for inclusion on Platform complies with applicable international and national law is exclusively on the party providing the information/material. User's correspondence or business dealings with, or participation in promotions of, advertisers other than Sochcast found on or through the Platform and any other terms, conditions, warranties or representations associated with such dealings, would be solely between the User and such advertiser. Sochcast will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertiser on the Platform. Sochcast at its sole discretion reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Platform will be subject to these Terms.

 

12.2.        User permits Sochcast to show the User's username, profile picture, and information about User's actions in connection with User's account, offers and other sponsored Content that User follows or engages with that are displayed on the Platform, without any compensation to the User. For example, Sochcast may show that User liked a sponsored post created by a brand displayed on the Platform. Sochcast will also rely on the User advertisement preference and settings.

 

13.              MONETIZING USER CONTENT:

 

13.1.        Sochcast provides its assistance to Users who upload their User Content to get connected with the brands who may want to sponsor the User Content based on their preferences.

13.2.        Each brand has their own set of prices based on the Per Clicks [“PC“] model and information based on the type of Content and also based on the frequency of advertisement disseminated/broadcasted which assists the User to determine the income that can be generated based on User's Content played on the Platform. User understands that Sochcast may play/stream such advertisement either at the beginning or during or at the end of the User Content, at the sole discretion of the Sochcast. In the case of advertising, it means the income generated i.e. as per the PC model of each advertisement. For a User it means the number of clicks during the advertisement across any episode of User's Content.

 

13.3.        For E.g. If the User has published one [1] episode of the User Content. Later User publishes a fresh episode and such fresh episode gets played 7,500 PC in its first week, while the older episode gets played 2,500 PC's in that same week that's 10,000 PC's a week. The revenue share depending on the PC model of the sponsors is explained below:

 

 

13.4.        Sochcast shall help the Users to generate an income and share the revenue at a rate that favours the Users, Sochcast shall retain a thirty percent [30%] share plus applicable taxes including but not limited to Goods and Service Tax [GST], etc. [if and to the extent applicable] from the gross income generated through its Platform. Sochcast is thus able to construct a sustainable business model that benefits everyone.

 

13.5.        There is no minimum listenership size, but User will have potential sponsors to choose from and become eligible for higher PC sponsors as User Content listenership grows. If User ever has multiple brand associations running simultaneously, Sochcast will always play whichever available User Content that has the highest PC, to help User maximize his/her/its revenue. Each campaign, in addition to its own PC, will also have its own expiration date and maximum number of PC's. Since campaigns can be split among multiple brands, the exact estimates of how much User can make from each sponsor cannot be ascertained in advance.

 

13.6.        Sochcast will use data from the Platform, as well as from third-party associates [if any], to show brand advertisements, offers, and other sponsored content that Sochcast believes will be meaningful to User and Sochcast tries to make that Content as relevant to the User and enhance User experience on the Platform.

 

13.7.        It is clearly understood and agreed by the User that in case there is an advertisement campaign associated with the User Content, User will neither delete the User Content nor he/she will delete his/her account from the Platform till the end of agreed tenure of such advertisement campaign. Sochcast reserves the right to protect revenue/income generated through the advertisement campaigns on the Platform and therefore it reserves the right to keep any deleted Content on the Platform for the entire tenure of the advertisement campaign.

 

13.8.        All the advertisements or the inventory of the advertisements on the Platform either available now or made in future is and will be the exclusive property of Sochcast. Sochcast reserves the right to run any advertisement or Content on that inventory which is not a part of any User Content.

 

13.9.        Sochcast also reserves the right to stream public service announcements on all or any of the User Content on the Platform without any fees /charges for the same at its sole discretion and User will have no right to claim revenue for such public announcements.

 

13.10.    For further discussions on how to monetize User Content kindly reach out to us at support@sochcast.com.

 

14.              LIMITATION OF LIABILITIES:

 

14.1.        All warranties are without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

 

14.2.        Under no circumstances will Sochcast and its affiliates, associates and related parties be held responsible or liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages [including, without limitation, damages for loss of business, projects, damage to User's computer system or damages for loss of profits, damages for loss of use, data or profits] arising in contract, tort or otherwise in any way, connected with the delay, use, inability to use or performance of the Platform or any of its Contents, or for any information and related graphics obtained through the Platform, or which is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information, Content, User Content contained on the Platform, that might result in any infringement of another's rights, including IPR or any loss or non retrieval of data or information.

 

14.3.        To the maximum extent permitted by applicable laws, neither Sochcast, nor its officers, employees, licensors, suppliers, partners, affiliates and/or third party service providers shall be liable to the User for any indirect, special, incidental, consequential, punitive or exemplary damages, including without limitation lost profits and loss of data [even if advised of the possibility thereof], arising in any way from the Content, User Content or information offered by or through the Platform.

 

14.4.        In no event will Sochcast or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors or third party partner's, associates total liability to the User for all damages, losses, and causes of action arising out of or relating to the terms or User's use of the Platform [whether in contract, tort including negligence, warranty, or otherwise] exceed the amount paid by the User, if any, for accessing the Platform during the preceding three [3] months.

 

14.5.        User acknowledges and agrees that Sochcast has offered the Content, User Content and the Platform and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein and that the warranty, disclaimers and the limitation of liability set forth herein reflect a reasonable and fair allocation of risk between User and Sochcast.

 

15.              TERMINATION OF USER'S ACCESS:

 

15.1.        For violation of any of these Terms, Sochcast in its sole discretion, with or without cause, and with or without any prior notice reserves its right to any time:-

 

15.1.1.  Deactivate or delete User's accounts and all User Content, related information and files attributable to the User's name;

15.1.2.  Establish general practices and limits concerning use of the Platform;

15.1.3.  Refuse, move, or remove any User Content that is available on or through the Platform;

15.1.4.  Refuse, move or remove for any reason any User Content that User submits on or through the Platform;

15.1.5.  Refuse, restrict, suspend, terminate User's access to the Platform;

15.1.6.  Terminate these Terms.

 

15.2.        Upon such termination or suspension, User's right to access the Platform will immediately cease.

 

15.3.        User can also terminate his/her user name at any time by intimating the same to support@sochcast.com, but the User's information may remain stored in archive on Sochcast's servers even after the deletion or the termination.

 

15.4.        User acknowledges and agrees that Sochcast may preserve any transmission or communication made by User through the Platform or through any features offered on or through the Platform, and may also disclose such data if required to do so by law or if Sochcast determines that such preservation or disclosure is reasonably necessary to:-

 

15.4.1.  Comply with any process;

 

15.4.2.  Enforce these Terms;

 

15.4.3.  Protect the rights, property or personal safety of Sochcast, its employees, Users of the Platform, and the public at large; or

 

15.4.4.  Respond to claims that allege data violation of the rights of others.

 

15.5.        User also agrees that any violation by User of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sochcast, for which monetary damages would be inadequate and User consents to Sochcast obtaining any injunctive or equitable relief that Sochcast deems necessary or appropriate in such circumstances.

 

15.6.        These remedies are in addition to any other remedies Sochcast may have at law or in equity.

15.7.        Sochcast will promptly terminate without notice the User Content and/or User's access to the Platform if User is determined by Sochcast to be a “repeat infringer“. A repeat infringer is a User who has been notified by Sochcast of infringing activity violations more than twice and/or whose User Content has been removed from the Platform more than twice.

 

16.              INDEMNITY:

 

16.1.        User agrees to defend, indemnify and keep indemnified Sochcast [including its officers, employees, licensors, suppliers, agents, partners, affiliates, and/or third party service providers] harmless against any losses, expenses, costs or damages [including their reasonable attorneys' fees, expert's fees and other reasonable costs of litigation or proceedings] arising from, incurred as a result of, or in any manner related to any claim or action based upon:-

 

16.1.1.  User's breach of, or failure to comply with these Terms; or

 

16.1.2.  User's use of the Platform and/or the Content [or any part thereof].

 

16.2.        Sochcast may, in its sole discretion, participate in the defence of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect Sochcast rights or obligations shall be made without Sochcast's prior written approval.

 

16.3.        Sochcast reserves the right, at its own expense and upon rendering notice to the User, to assume exclusive defence and control of any such claim or action.

 

17.              MODIFICATIONS:

 

17.1.        Sochcast may add to or change or modify update these Terms, from time to time, or may suspend/cancel or discontinue access to the Platform in its sole discretion. User is responsible for checking these Terms periodically to remain aware of the latest changes, rights and obligations and in compliance with these Terms. User's use of the Platform or any portion thereof after any amendment to the Terms shall constitute his/her acceptance of these Terms and the User also agrees to be bound by any such changes/revisions.

 

17.2.        Sochcast will post a notice on the Platform of any such addition, deletion or modification. Such changes will be posted to www.sochcast.com for reference and convenience of the User so as to enable the User to understand his/her responsibility as a User.

 

17.3.        If any addition, deletion or modification to the Terms is not acceptable to User then, the User must immediately stop accessing and/ or availing the Platform and the Content.

 

17.4.        All changes to these Terms shall be effective immediately from the date Sochcast posts the same on the Platform.

 

18.              CONFORMITY WITH APPLICABLE LAWS:

 

18.1.        Sochcast controls and operates the Platform from its offices in India and Sochcast makes no representation that the Content is appropriate, or that the same will be available for use in any other locations outside India.

 

18.2.        Sochcast reserves the right to limit, in its sole discretion, the provision and quantity of any feature, or, the Content, or the User Content, or the Platform [in full or in part] to any person or geographic area.

 

18.3.        If the User uses the Platform from outside India, the User is solely responsible for compliance with applicable local laws and other applicable regulations. User may not use the Platform in violation of such applicable local laws and regulations.

 

19.              JURISDICTION:

 

19.1.        Any action related to these Terms will be exclusively governed by the laws of the India only, without regard to the choice or conflicts of law provisions of any jurisdiction. If Sochcast brings a claim against User for any reason under these Terms and/or User's use of the Platform, User agrees to submit to the exclusive jurisdiction of the courts located in the Bengaluru, India. Further, User expressly waives the defense plea of an “Inconvenient Forum“.

 

20.              GRIEVANCE REDRESSAL:

 

20.1.        Any complaints or concerns with regards to the Platform, Content and or comment or breach of these Terms shall be taken up with the designated Grievance Officer for the Platform as mentioned below via in writing or through email to the designated email id, signed with the electronic signature.

 

20.2.        Kindly note that the email address given below is meant for receiving concerns and queries regarding the Platform or any part of the Content/ User Content.

 

Grievance Redressal Officer

Sochcast Media Private Limited

support@sochcast.com

 

20.3.        Sochcast will not be responsible for any communication, if addressed, to any non-designated person in this regard.

 

21.              FEEDBACK AND RECOMMENDATIONS:

 

21.1.        Sochcast appreciates feedback and recommendations and may use them without any limitation, or obligation to recompense the sender for them and is under no obligation to keep them confidential.

 

22.              GENERAL TERMS:

 

22.1.        These Terms and any policies, or operating rules posted by Sochcast on the Platform constitutes the entire agreement and understanding between the User and Sochcast and governs the use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between User and Sochcast [including, but not limited to, any prior versions of the Terms]. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

22.2.        None of the provisions of the Terms shall be deemed to constitute a partnership, or agency or employment between User and Sochcast and User shall have no authority to bind Sochcast in any manner, whatsoever.

 

22.3.        Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

 

22.4.        Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

 

22.5.        If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

 

22.6.        User agrees that any cause of action arising out of or related to the Content, User Content, or the Platform [or any part thereof], must commence within one [1] year after the cause of action accrues otherwise, such cause of action will be permanently barred and the User expressly agrees to the same.

 

23.              CONTACT INFORMATION:

 

23.1.        Questions about the Terms of Use should be sent to us at support@sochcast.com.

 

24.              LAST UPDATION:

 

24.1.        These Terms of Use was last updated on December 1, 2020.