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Terms Of Use

Last Updated: 24 April, 2020

We encourage you to read through our Terms Of Use and Privacy Policy to understand all the aspects of how Desi Meme collects and uses data relating to users of the platform. It is our endeavour to be transparent about our practices and demonstrate the respect we have for privacy of our users’ data. If you do not agree with these practices, you are advised not to use the Desi Meme Application.


Sapidlabs built the Desi Meme app as a Freemium app. This SERVICE is provided by Sapidlabs at no cost and is intended for use as is. This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service. If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. we will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Desi Meme unless otherwise defined in this Privacy Policy.

Company facilitates a User to read, like and upload funny images and text as a part of image, read/listen to Published Work and images published by Company (“Company Content”), Published Work and Company Content shall together be referred to as “Content”.

By browsing through the Application and availing the Services, You agree to be bound by these Terms of Use read along with the Privacy Policy and represent that You are above 18 years of age and/or have the authority to enter into a binding contract with Company. If You are under 18 years of age, You must obtain consent from Your parent(s) or legal guardian(s) who will be responsible for your acceptance and compliance of these Terms of Use. If You do not have consent from Your parent(s) or legal guardian(s), You must stop using/accessing the Application. This is an electronic record under the Information Technology Act, 2000 and rules there under. Therefore, no signature is required to make the Terms of Use binding on the User. These Terms of Use along with the Privacy Policy have been formulated as required under Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.

This Terms Of Use is a part of and is to be read with the Privacy Policy. You agree to this Terms of Use by using the Application. If you do not agree with the same, please stop using the Application.

USER OBLIGATIONS

By using the Services, User agrees to abide by the below obligations:
  1. Accuracy: To provide complete and accurate information while registering on the Application and to contact Company if there is any change in such information. Further, User must not impersonate any other person.
  2. Confidentiality: To maintain confidentiality of the User’s account details and be responsible for any use of the Services through the User’s account.
  3. Content Guidelines: To ensure the Published Works/Inputs do not violate the conditions mentioned in ‘Content Guidelines’ below.
  4. License: To grant Company 1. a license to publicly display their name/username to attribute the Published Works uploaded on the Application; 2. a worldwide, royalty-free, nonexclusive right and license for the Company to adapt, publish, reproduce, create derivative work of and/or distribute, disseminate, transmit Published Works and its derivatives on any medium or through any distribution method; and 3. right to showcase any Published Works to a third party for the purposes of any potential collaboration without prior intimation to User. 4. right to modify the user's provided content and re-distribute for profitable or non profitable i.e entertainment purposes without prior intimation to the User.
  5. Illegal Activities: Not use the Services to perform any illegal activities nor solicit the performance of any illegal or any activity which leads to violation of third party’s rights.
  6. Virus: To not upload any material which contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource used to provide the Services.
  7. Advertise: To not advertise or solicit any products or services on the Application.
  8. Security: a) Not probe, scan or test the vulnerability of the Application b) not disrupt or breach the security or authentication measures or circumvent the navigational structure, with respect to the Application or the network c) Not use any manual or automated software, devices or other processes to "crawl" or "spider" any part of the Application d) Not interfere with the proper working of, or places an unreasonable burden on, the Company’s infrastructure.
  9. Access: To access and use the Services solely for the User’s personal and non-commercial purposes and to not access the Application or obtain the Published Works Content through any other means other than as permitted.
  10. User Data: Not trace any information pertaining to another User or exploit any such information, including storing and collecting the same.
  11. Trademark and Design: To not use, misuse or misappropriate the trademark ‘Desi Meme’ and/or any logo ‘Desi Meme’ or any design of the Application, which are owned/used by the Company for any unauthorized purpose.
 

RIGHTS OF THE COMPANY

User acknowledges the following rights of the Company:
  1. Remove Content: Company has the right to remove any Published Works/Inputs which it deems objectionable or is infringing, as per its discretion or as required under law.
  2. Suspension: Company has the right to restrict/suspend/terminate the account of any User to access all or part of the Services, at its discretion, including for violation by the User of these Terms of Use.
  3. Intellectual Property Ownership over marks, designs: The Service and all components thereof including the Application and all logos, trademarks, brand names, service marks, domain names, including designs, and graphics created by and developed by the Company on the Application and other distinctive brand features of the Application are exclusively owned by the Company and all intellectual property rights vested therein belong to the Company.
  4. Company Content: Any Company Content belongs to the Company or its licensors and assignors. No rights therein transfer to the Users except for the purpose of legitimate use of the Service in accordance with these Terms of Use.
  5. Personal Data: Company shall process the personal data of the Users submitted in accordance with the Privacy Policy.
  6. Charges: Company may decide to charge fees for the use of the Services which shall be notified in advance to the Users.
  7. Legal disclosure: Company may disclose the details of any User or any other details regarding the Published Works/Inputs or take any other action as required under law or a lawful order by government agencies who are authorized to investigate any cyber security incidents.
  8. Enhance security measures: Company may put in place enhanced security and technical measures from time to time to prevent and tackle violation of copyrights of Users or third parties, as suitable.
 

CONTENT GUIDELINES

Published Works/Inputs uploaded on the Application must:
  1. Not be objectionable or unlawful: Do not put up Published Works/Inputs which are grossly harmful, infringing, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, 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.
  2. Not be against national interest: Do not put up Published Works/Inputs that can threaten 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
  3. Protect minors – Do not put up Published Works/Inputs which can harm minors in any way.
  4. Not be misleading/ offensive: Do not put up Published Works/Inputs which deceives or misleads a reader about the origin of the content or communicates any information which is grossly offensive or menacing in nature.
 

SUSPENSION/TERMINATION

  1. Violation by User: Company shall have the right to suspend or terminate partially or fully the usage and access rights of the User to the Website/Application if there is any non-compliance with these Terms of Use and/or the Privacy Policy.
 

Deletion Of Reported Content

If any content uploaded by the User is reported as Inappropriate, Nudity, Voilence, Spam or not according to the usage terms will be automatically removed without any prior notice to the User who uploaded it.

 

COMPANY AN INTERMEDIARY

  1. Users are in control of content: Company through its Website/Application receives, stores and transmits Published Works/Inputs solely on behalf of the Users. Users remain the sole authors and owners of their Published Works/Inputs. Further, Company does not control or restrict the publishing or reading of the Published Works/Inputs nor modifies the same prior to upload of the same on the Website/Application.
  2. Company an ‘intermediary’ and no liability: Company is an ‘intermediary’’ as defined under the Information Technology Act, 2000 and its Rules and is not responsible for the Published Works/Inputs uploaded on the Website/Application.
  3. Duty to act under law: Company, as an intermediary, has the duty to take necessary action against any Published Works/Inputs that violates the Information Technology Act, 2000 and its Rules which is brought to its notice and the User shall abide by such actions taken by the Company.
 

LIABILITY

  1. No warranty of any kind: All Services and Published Works Content offered on the Website/Application are offered on an "as is" basis without any warranty whatsoever, either express or implied. The Company/Website/Application does not implicitly or explicitly support or endorse any of Published Works, content or service Content on the Website/Application. The Company/Website/Application does not warrant that the functions and Services contained in the Website/Application will be uninterrupted or error-free, or that the Website/Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website/Application.
  2. User liable for breach: You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates or its Users may suffer for any such breach).
  3. Indemnity: User expressly agrees to indemnify and hold harmless the Company/Website/Application, for its use of any Published Works/Inputs provided to it or published on the Website/Application by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
  4. No Indirect Liability: Company disclaims any and all special, incidental, indirect, consequential or punitive damages, losses costs towards any User or third party arising from the provision of Services or use of the Website/Application by others.
 

MISCELLANEOUS

  1. Modification: The Company reserves the sole and exclusive right to unilaterally amend or modify these Terms of Use and such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms of Use.
  2. Disputes: The Users expressly agree that the Terms of Use, Privacy Policy and any other agreements entered between the Company and User(s) are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.
  3. Conflict: In case of any conflict arising in the interpretation of the Terms of Use in English and any other language as it may be made available in on the Website/Application, the terms of the English version shall prevail.