These terms of use (“terms”) govern the use and access to the content (“content”)
published on the website, www.shreyaset.com and
mobile application, STOURING TALKIES(together referred as “STOURING
TALKIES”), owned and operated by venkata
siva reddy. by accessing the content, you (“users”
or “you”) agree to comply with and be bound by these terms. further, by
impliedly or expressly accepting these terms, you also accept and agree to be
bound by our policies, including the privacy policy, and such other rules,
guidelines, policies, terms and conditions as are relevant under the applicable
law(s) in india for the purposes of accessing, browsing or transacting on the stouring
talkies, and such rules, guidelines,
policies, terms and conditions shall be deemed to be incorporated into, and
considered as part and parcel of these terms. however, if you navigate away
from STOURING TALKIES to a third-party website, you may be subject to
alternative terms and conditions of use and privacy policy, as may be specified
on such website. In such an event, the terms and conditions of use and privacy
policy applicable to that website will govern your use of that website. please
read these terms carefully as well as the privacy policy which is incorporated
herein by reference.
by accessing or using any part of stouring
talkies, the user states and confirms to
have read, understood and agreed to these terms, as amended by the company from
time to time at its sole discretion. in the event a user does not agree to any
or all of the provisions of these terms, without modification, such user is
requested to not use and access stouring talkies. users are expected to review the terms periodically to
ensure that they are aware of all changes or amendments made hereto. user’s
continued access or use of STOURING TALKIESfollowing any alteration to the
terms constitutes the user’s acceptance of those alterations or modifications
of the same.
1. Registration.
1.1. users are required to sign up and create an
authenticated account ( “account”) by providing all required
information in order to access the content (“sign-up process”). user
shall identify a username and password and provide certain personally
identifiable information including without limitation, name, age, entity name,
telephone/mobile number, email id and other contact details etc (“ user
information”) in order to create and maintain an account with stouring
talkies.
1.2. you agree and acknowledge that you would (i) create
only 1 (one) account; (ii) provide accurate, truthful, current and complete
information when creating your account and in all your dealings through stouring
talkies; (iii) maintain and promptly update
your account information; (iv) maintain the security of your account by not
sharing your password with others and restricting access to your account; (v)
promptly notify the company if you discover or otherwise suspect any security
breaches relating to stouring talkies;
and (vi) take responsibility for all the activities that occur under your
account and accept all risk of unauthorized access. in the event the users
provide any information that is untrue, inaccurate, outdated, or incomplete, or
if the company has reasonable grounds to suspect that such information is
untrue, inaccurate, outdated, or incomplete, the company may terminate such
user’s account and refuse current or future use of any or all of the content.
1.3. users shall be solely responsible for maintaining the
confidentiality of the username and passwords, and for all activities that
occur under their account. users shall not, under any circumstance, share their
username and password with any third party, or otherwise provide to a third
party the access of his/her account. users further agree to notify the company
immediately of any unauthorized use of their username and passwords or any
other breach of security.
1.4. the company will not be liable for any loss or damage
arising from the failure on part of the users to comply with this clause.
further, users shall agree to indemnify and hold the company harmless from any
claims or damages suffered by the company due to any improper or illegal use of
their account.
2. source content
all text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sound recordings, video recordings, artwork and
computer code (collectively, “source content”), including but not limited to
the design, structure, selection, coordination, expression, “look and feel” and
arrangement of such source content, contained on STOURING TALKIESis owned,
controlled or licensed by or to the company or its licensors, and is protected
by the applicable laws. content on STOURING TALKIES such as the synopsis, cast,
crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs,
animation, data, information, database, design, games, interactive content,
trailers, making, images, and any text, images, messages, newsletters, music,
audio, video or its derivative, with or without sound, audio clips from sound
recordings, created or collated by the company from the source content, may be
granted by the company to you for personal and non-commercial use strictly in
accordance with these terms and and the end user license agreement.
3. License
the company grants the user a non-exclusive, revocable,
non-transferable and limited license to access the content on his/her/its
personal device, as made available through stouring talkies. the company may, from time to time, update or modify
features of stouring talkies,
release new versions or create new modules related thereto, each of which may,
at its discretion, be included within the license granted above. the user shall
not be permitted to sublicense or transfer any of his/her/its rights hereunder
including without limitation, access to STOURING TALKIESthrough the respective
account and login credentials authenticated for a particular use.
4. intellectual property rights
it is hereby specifically recorded that the source content
and the content available on STOURING TALKIES is the sole and exclusive
property of the company and/or its licensors and is protected by copyright and
other intellectual property laws. intellectual property rights for the purpose
of these terms shall mean all intellectual and industrial property rights
including without limitation, trademarks, service marks, trade names, trade
dress, copyrights, rights of attribution and authorship, inventions whether
patentable or not, technical information, mask work rights, moral rights,
patents, rights of inventorship, all applications, renewals, extensions,
continuations, divisions, reissues or registrations thereof in connection with
any of the above; database rights, know-how, trade secrets, rights of
publicity, privacy and/or defamation, rights under unfair competition and
unfair trade practice laws, anywhere in the world. you shall promptly notify
the company in writing upon your discovery of any unauthorized use or
infringement of the content and/or the source content, or the company’s patent,
copyright, trade secret, trademarks or other intellectual property rights.
5. Eligibility
5.1. you are eligible to access the content and source
content by registering with stouring talkies, if and only, you comply with the following conditions:
5.2. you further represent and warrant that:
a. you have the right, authority, and capacity to enter into
these terms.
b. you are neither a competitor of the company nor accessing
the source content and the content for reasons that are in competition with the
services of the company;
c. your access to the content does not violate any
applicable law; and
d. you will not directly or indirectly, copy, reproduce, and
modify the content or source content in any manner for any reason whatsoever.
6. Privacy
the company respects the privacy of users and has
accordingly formulated a privacy policy (“policy”), in compliance with
the applicable laws. the use of any personally identifiable information
(“ personal information”) shall be governed by such policy and any
amendment from time to time.
7. Third party links
STOURING TALKIESmay include links to other websites or
applications that are not owned or operated by the company. the company does
not have any control over these third-party websites or applications (the
“ third-party links”) and is not responsible for any information,
functionality, or content accessed through the third-party links. furthermore,
third party links do not represent or imply any endorsement or recommendation
of such third party’s websites or applications by or on behalf of the company.
the users are responsible for taking the necessary precautions to protect
themselves and their mobile devices, computer and other devices from viruses,
bugs, and other harmful or destructive content that may be accessible through
such third-party links. the company disclaims any responsibility for any harm
resulting from a user’s access or use of these third-party links.
8. Eees and payment
the fee/consideration charged by the company for accessing
the content can be paid through the following form of payments: a) online
payment via credit card, debit card, net banking, upi payment, and through
multiple online payment wallets such as payzapp, paytm, etc. you agree,
understand, confirm and state that the details (whether of debit card, credit
card, net banking, upi payment or payment through online wallets) provided by
you to make payment and transact on STOURING TALKIESwill be correct, accurate
and is owned by you. in the event you use a payment details belonging to any
third party, then, you confirm that you have been authorized to or expressly
permitted by such third party to use the said details/payment mode for making
payments. the company will not be liable for any payment fraud including any
credit card/debit card fraud. the liability for use of a payment mode
fraudulently will be on the user and the onus to ^*^prove otherwise^*^ shall be exclusively
on the user. in addition to all other remedies available under law and equity
and as detailed under these terms, the company reserves the right to recover
the cost of servicing, collection charges, attorney’s charges etc., from a user
using STOURING TALKIES fraudulently. further, the company reserves the right to
initiate legal proceedings against such persons for fraudulent use of STOURING
TALKIESand any other unlawful acts or acts or omissions in breach of these
terms and conditions.
9. Restrictions on use.
9.1. users shall not use the content published on stouring
talkies:
a) for any unlawful purpose or in violation of any
applicable laws; or
b) in a manner that will infringe the copyright, trademark,
trade secret or other intellectual property rights of others, or violate the
privacy or other personal rights of others; or
c) post any content that is defamatory, libelous, obscene,
threatening, abusive or is offensive to other users, such as content or
messages that promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; or
d) post any content that is false or misleading; or that
harasses or advocates harassment of another person.
9.2. users are also prohibited from violating or attempting
to violate the security of stouring talkies, including, without limitation the following activities:
a) accessing data not intended for such user or logging into
a server or account which the user is not authorized to access;
b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization;
c) attempting to interfere with services to any user, host
or network, including without limitation, submitting a virus to stouring
talkies, overloading, “flooding”,
“spamming”, “mail bombing”, “hacking” or “crashing”; or
d) transmitting any viruses, worms, defects, bugs, trojan
horses or other items of a destructive nature;
e) removing any copyright, trademark or other proprietary
notices from any portion of stouring talkies;
f) reproducing, modifying, preparing derivative works based
upon, distributing, licensing, leasing, selling, reselling, transferring,
publicly displaying, publicly performing, transmitting, streaming, broadcasting
or otherwise exploit STOURING TALKIESexcept as expressly permitted by the
company;
g) submitting any user information unless you are the owner
of the rights in such user information or have the permission from the rightful
owner to share the material and to grant the company all of the license rights
granted therein;
h) decompiling, reverse engineering or disassembling STOURING
TALKIESexcept as may be permitted by applicable law;
i) linking to, mirroring or framing any portion of the
content;
j) reformatting any portion of the pages that are part of stouring
talkies;
k) accessing STOURING TALKIESthrough a code, program or
procedure either singly or repetitively with an intent to bypass safeguards
built-into stouring talkies;
l) causing or launching any programs or scripts for the purpose
of scraping, indexing, surveying, or otherwise data mining any portion of STOURING
TALKIESor unduly burdening or hindering the operation and/or functionality of
any aspect of stouring talkies;
m) attempting to gain unauthorized access to or impairing any
aspect of STOURING TALKIES or its related systems or networks;
n) infringing any intellectual property or other proprietary
rights of any third party;
o) copying or using the information, content or data of
others available on STOURING TALKIES(except as expressly authorized); and
p) overriding any security feature of stouring
talkies.
further, violations of system or network security may result
in civil or criminal liability.
10. Remedies.
10.1. user understands and agrees that the company may
review any content on stouring talkies,
and in case the company finds, in its sole discretion, that the user has
violated any of these terms (especially clause 10), the company reserves the
right to take actions to prevent/control such violation, including without
limitation, removing the offending communication or content from STOURING
TALKIES and/or terminating the registration of such violators and/or blocking
their use of stouring talkies.
10.2. the company shall also be entitled to investigate
occurrences which may involve such violations and may take appropriate legal
action, involve and cooperate with law enforcement authorities in prosecuting
users who are involved in such violations.
10.3. in order to ensure a safe and effective experience for
all the users, company reserves the right to limit the amount of data that may
be accessed by them in any given time period. these limits may be amended at
the company’s sole discretion from time to time.
10.4. the user acknowledges that in no event shall company
be liable for any damages whatsoever whether direct, indirect, general,
special, compensatory, consequential, punitive or incidental, arising out of or
relating to the conduct of any user or anyone else in connection with the use
of STOURING TALKIES
11. Security.
11.1. the company acknowledges that it employs industry
standard security protocol to ensure that the information that are stored,
transmitted or transferred through STOURING TALKIESis protected and the same is
hosted on a secure server. however, the company shall not be held responsible
for the loss of content or the information that is being transmitted through STOURING
TALKIESdue to any technical issues from other sources. in order to keep the
account safe, the users are suggested to change the passwords of his/ her
account with STOURING TALKIES periodically.
11.2. STOURING TALKIES or the user will select a username
and password when completing the registration process. the user will be solely
responsible for maintaining the confidentiality of the username and password,
and for all activities that occur under his/her username and password.
12. General content considerations
12.1. system requirements. access to the content
requires a compatible device, internet access, and certain software, and may
require obtaining updates or upgrades from time to time. since access to the
content involves hardware, software, and internet access, your ability to
access the content may be affected by these factors. you acknowledge and agree
that such system requirements, which may be changed from time to time, are your
responsibility. please also note that sharing account credentials is
prohibited, your access to the content may be limited to a single active
stream, in which case you will need to log out of one stream before you can access
the content on another device. please also note that such process is subject to
latency issues, and the media player on certain devices may not support
restart, playback, pause, rewind, or other functionality. in the event the said
device stops functioning during the streaming or downloading the content, then
the user shall have to pay again for streaming or downloading the said content.
12.2. content availability. the company reserves
the right to change, suspend, remove, or disable access to the content, in
whole or in part, at any time without notice for any reason or no reason at
all, and in no event shall the company be liable for any claims, costs, or
damages caused by or arising out of such actions. without limiting the
generality of the foregoing, content provided on STOURING TALKIES may be
subject to agreements between the company and content providers under which the
content providers license certain specific rights related to the content. these
agreements may require the company to black-out and restrict the availability
of and your access to certain content for periods of time determined by the
company and the content providers.
12.3. content quality. the quality of the
content may vary from device to device and may be affected by a variety of
factors, such as your location, the bandwidth available through and/or speed of
your internet connection and/or the definition you selected for your content.
the company makes no representations or warranties about the quality of your
viewing experience on your device or the ability of any device to access or
play the content. in order to stream or access content, your device must meet
certain system requirements, which may include but not be limited to having
high speed internet access. you are responsible for any and all internet access
and data transmission charges. please check with your internet provider for
information on possible internet data usage charges.
12.4. objectionable content. you understand
that you may encounter content that may be deemed offensive, indecent, obscene,
explicit or objectionable. you acknowledge that you have read the disclaimer
and the age gate of the content on stouring talkies. you agree to access the content at your sole risk and that
the company shall have no liability to you for the content that may be found to
be offensive, indecent, obscene, explicit or objectionable. content types and
descriptions, if provided, are provided for convenience purposes only, and you
acknowledge and agree that the company does not guarantee their accuracy.
13. term and termination
13.1. these terms shall remain in full force and effect
unless and until your account is terminated as provided herein. any licenses
contained in this terms will terminate automatically without notice if you fail
to comply with any provision of this terms.
13.2. the company further reserves the right to terminate
this terms for any or no reason and at any time without liability to you.
13.3. you may also terminate this terms for any or no reason
and at any time. upon such termination for any reason, you shall cease to have
access to stouring talkies.
13.4. the company will not be liable for any costs,
expenses, or damages as a result of the termination of these terms.
14. disclaimer & warranties.
the content associated with STOURING TALKIES are provided to
you on an “as-is” and “as available” basis. the company makes no
representations or warranties of any kind, express or implied, as to the
content or operation of stouring talkies.
you expressly agree that your access to the contents is at your sole risk. the
company makes no representations, warranties or guarantees, express or implied,
regarding the accuracy, reliability or completeness of the content on STOURING
TALKIES and expressly disclaims any warranties of non-infringement or fitness
for a particular purpose. the company engages and employ the best methods to
safeguard and protect against viruses, infection, etc, however, despite such
best efforts, the company makes no representation, warranty or guarantee that
the content that may be available on STOURING TALKIES is free of infection from
any viruses or other code or computer programming routines that contain
contaminating or destructive properties or that are intended to damage,
surreptitously intercept or expropriate any system, data or personal
information.
the company does not guarantee that STOURING TALKIES will
always be safe, secure or error-free or bug-free or that STOURING TALKIES will
always function without disruptions, delays or imperfections.
the company is not responsible for the actions, content,
information, or data of third parties, and you release the company, the
company’s directors, officers, employees, and agents from any claims and
damages, known and unknown, arising out of or in any way connected with any
claim you have against any such third parties.
the company will not be liable to you for any lost profits
or other consequential, special, indirect, or incidental damages arising out of
or in connection with these terms of stouring talkies.
in certain jurisdictions, applicable law may not allow the
limitation or exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to user. in such cases, the
company’s liability will be limited to the fullest extent permitted by
applicable law.
the company is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers, providers, computer equipment, software, failure of communication on
account of technical problems, or traffic congestion on the internet or at any
website or combination thereof, including injury or damage to you or to any
other person’s computer related to or resulting from participating or
downloading materials in connection with the web or in connection with the
services provided by stouring talkies.
this limitation of liability is part of the basis of the
bargain between you and the company and shall apply to all claims of liability
whether direct, indirect, special, incidental, exemplary, punitive or
consequential damages (including loss of use, data, business or profits)
arising out of or in connection with this agreement or your use of STOURING
TALKIESor due to specifications, content, or other products and services
provided by stouring talkies,
whether such liability arises from any claim based upon contract, warranty,
tort (including negligence), strict liability or otherwise, and whether or not
you have been advised of the possibility of such loss or damage. the foregoing
limitations will survive and apply even if any limited remedy specified in this
agreement is found to have failed its essential purpose.
15. indemnification.
if anyone brings a claim against the company related to your
actions, you will indemnify and hold the company and its affiliates harmless
from and against all damages, losses, and expenses of any kind, including
reasonable legal fees and costs, related to such claim. the company shall also
have the right to hold you or such other person liable for the damages, losses
and expenses which the company may incur and initiate proceedings in any
appropriate courts or other forums for the material breach of these terms by
you. although the company provides rules for your conduct, the company does not
control or direct your actions on STOURING TALKIESand is not responsible for
any of your actions in using stouring talkies. the company is not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise objectionable content you may encounter
on stouring talkies.
the company is not responsible for the conduct, whether online or offline, of
you.
16. additions and alterations to terms of use
the company reserves the right to add to or alter these
terms from time to time, and each such modification shall be effective upon
posting. the company will inform you of such additions/alterations through
e-mails or messages to your account, notices posted on stouring
talkies, or through other means available.
these additions/alterations will not apply retroactively and will become
effective from the date they are posted on stouring talkies.
17. governing law, jurisdiction and dispute
resolution. these terms shall be governed by, interpreted and
construed in accordance with the laws of republic of india. user will resolve
any claim, cause of action or dispute or claim arising out of or relating to
these terms exclusively in the courts of law at hyderabad, telangana.
if anyone brings a claim against the company related to your
actions, user information, or any other information provided by you to the
company, you will indemnify and hold the company harmless from and against all
damages, losses, and expenses of any kind, including reasonable legal fees and
costs, related to such claim. the company shall also have the right to hold you
or such other person liable for the damages, losses and expenses which the
company may incur and initiate proceedings in any appropriate courts or other
forums for the material breach of these terms by you. although the company
provides rules for your conduct, the company does not control or direct your
actions on STOURING TALKIESand is not responsible for the user information you
transmit or share on or use on STOURING TALKIESor for any of your actions
accessing the content. the company is not and shall not be responsible for your
conduct, whether online or offline, in the dealings with or facilitated by STOURING
TALKIESand the company.
18. miscellaneous.
18.1. these terms shall be interpreted, construed and
enforced in accordance with the laws as applicable in india without regard to
conflict/choice of law principles. in a situation where any provision of these
terms is found to be invalid or unenforceable, such provision shall be severed
from the remaining terms, which shall remain in full force and effect.
18.2. no waiver of any breach or default of these terms
shall be deemed to be a waiver of any preceding or subsequent breach or
default. the section headings used in these terms should not be used for any
interpretative purposes as these are for mere convenience of the user.
18.3. all of the company’s rights and obligations under
these terms are freely assignable by the company in connection with a merger,
acquisition, or sale of assets, or by operation of law or otherwise.
18.4. the company reserves the right to research and publish
general user behavior categorized at its discretion.
18.5. by using STOURING TALKIESand these terms, you agree to
receive account and feature e-mails, calls and messages from the company.
18.6. STOURING TALKIESuses temporary cookies to store
certain data (that is not sensitive personal data or information) that is used
by the company for the technical administration of stouring
talkies, research and development, and for
user administration. in the course of serving advertisements or optimizing
services to you, STOURING TALKIESmay allow authorized third parties to place or
recognize a unique cookie on the your browser. the company does not store
personally identifiable information in the cookies.
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