SHARARA TERMS OF USE
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION
TECHNOLOGY ACT, 2000 (" ACT "), RULES MADE THEREUNDER AS
APPLICABLE, AND THE AMENDED PROVISIONS PERTAINING TO` ELECTRONIC
RECORDS IN VARIOUS STATUTES AS AMENDED BY THE ACT. THIS ELECTRONIC
RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY
PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF
RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES
GUIDELINES) RULES, 2011 MADE THEREUNDER (" RULES OF 2011")THAT
REQUIRE PUBLISHING THE PRIVACY POLICY (" PRIVACY POLICY") AND THE
TERMS OF USE (" TERMS OF USE") FOR ACCESS OR USAGE OF THE SHARARA
MOBILE APPLICATION (" SHARARA").
BEFORE USING SHARARA, YOU MUST CAREFULLY READ THESE TERMS OF USE
AND THE PRIVACY POLICY PROVIDED AT
https://shararavideo.com/privacy.html ACCESSING, BROWSING OR
OTHERWISE USING SHARARA AND THE SERVICES PROVIDED THROUGH SHARARA
INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER
THESE TERMS OF USE AND THE PRIVACY POLICY. YOU SHALL BE BOUND BY
THE TERMS OF USE AND THE PRIVACY POLICY AS AMENDED FROM TIME TO
TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND
THE PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE SHARARA OR THE
SERVICES IN ANY MANNER WHATSOEVER. WE RESERVE THE RIGHT, AT ITS
SOLE DISCRETION, TO CHANGE OR OTHERWISE MODIFY THESE TERMS OF USE
AND THE PRIVACY POLICY AT ANY TIME AND YOU SHALL BE NOTIFIED OF
SUCH CHANGES THROUGH SHARARA. THE CHANGES SHALL NOT APPLY
RETROACTIVELY AND SHALL BECOME EFFECTIVE NO SOONER THAN SEVEN (7)
CALENDAR DAYS AFTER POSTING ON SHARARA. HOWEVER, CHANGES SPECIFIC
TO NEW FUNCTIONALITIES OR CHANGES MADE FOR LEGAL REASONS MAY BE
EFFECTIVE IMMEDIATELY UPON NOTICE. YOU MUST ENSURE THAT YOU KEEP
YOURSELF UP-TO-DATE AND READ THE TERMS OF USE AND PRIVACY POLICY
AT CLOSE INTERVALS. YOUR CONTINUED USE OR ACCESS OF SHARARA, AFTER
SUCH CHANGE OR MODIFICATION, SIGNIFIES YOUR CONSENT TO THE REVISED
TERMS OF USE AND THE PRIVACY POLICY. AS LONG AS YOU COMPLY WITH
THESE TERMS OF USE AND THE PRIVACY POLICY, WE GRANT YOU A
PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED RIGHT TO ENTER
AND USE SHARARA. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE
PRIVACY POLICY OR ANY SUBSEQUENT MODIFICATIONS THERETO OR BECOME
DISSATISFIED WITH SHARARA IN ANY WAY, YOU MUST IMMEDIATELY
TERMINATE YOUR USE OF SHARARA AND NOTIFY US BY SENDING AN EMAIL TO
community@shararavideo.com.
A. GENERAL
-
Sharara is owned and operated by TechJet Pvt. Ltd.
(collectively, "Sharara" " we", " our" or " us").
-
Sharara enables you to create and upload videos of your own over
the Internet through your registered mobile device (" Device")
(together called as " User Content") and provides various
services in relation thereto. Sharara acts as an intermediary
between you and other users, enabling you to access and use such
users’ User Content. Sharara also produces content of its own ("
Sharara Content").
B. ELIGIBILITY
-
The use of Sharara is available only to persons who can form
legally binding contracts under Indian Contract Act, 1872.
Persons who are “incompetent to contract” within the meaning of
the Indian Contract Act, 1872 including minors, un-discharged
insolvents etc. are not eligible to use Sharara. If you are a
minor i.e. under the age of eighteen (18) years, you shall not
register on Sharara and shall not use Sharara in any manner
whatsoever. As a minor if you wish to use Sharara, such use or
transaction may be made only by your legal guardian or parents
on Sharara. We reserve the right to terminate your membership
and/or refuse to provide you with access to Sharara if it is
brought to our notice or if it is discovered that you are under
the age of eighteen (18) years. You further acknowledge and
agree that you are not barred or otherwise legally prohibited
from accessing or using Sharara under the laws of India.
-
If you violate any of these Terms of Use, we may terminate your
membership, delete your account on Sharara (" Sharara Account ")
and any related information and/or prohibit you from using or
accessing Sharara at any time in its sole discretion.
C. MODIFICATIONS AND UPDATES TO ZILI
We are committed to ensuring that Sharara is as entertaining,
useful, and efficient as possible. For this reason, we reserve the
right to make changes to, or update Sharara, or to charge for its
services, at any time and for any reason. You shall be required to
download the updates to Sharara if you want to keep using Sharara.
We do not promise that it shall always update Sharara so that it
is relevant to you or that the updated versions of Sharara will
always be compatible with your Device.
D. REGISTRATION AND USE
-
Creating an Account
-
You will be able to use all Sharara functionalities only if
you have a Sharara Account. If you do not have a Sharara
Account, it can be created on Sharara using your mobile
number or Google/Facebook account.
-
For the purpose of registering on and creating your Sharara
Account, you may be required to furnish certain information
and details, including your name, email address, contact
number and any other information deemed necessary by us for
the purposes of providing the services on Sharara. You must
be the sole owner and user of your Google/Facebook account
and the Sharara Account.
-
We reserve the right to ask for additional information to
facilitate your registration on and use of Sharara, now or
at any time in the future. We also have the sole right to
accept or reject your registration on Sharara for any reason
whatsoever, including for any discrepancies in the
information provided.
-
Availing of the Services
-
Sharara provides the following services to users:
-
Users can apply the templates available on Sharara to
their photos to create video collages. Users can also
add filters, stickers, music, and/or text to such video
collages.
-
Users can use their Device cameras to create videos
through Sharara, and add filters, stickers, music,
and/or text to such videos. Such videos can be saved to
the user’s Device storage.
-
Users can upload videos from their Device storage to
Sharara and make it available to other Sharara users.
-
Users can like videos and share them through other
social media platforms. Users can also download the
videos on to their Devices.
-
Users can also view, like, share and download the
Sharara Content; and
-
Users can also delete the User Content uploaded on
Sharara at any time.
-
We reserve the right to add, modify, or withdraw any of
these services, or any part thereof, at any time, without
prior intimation to you.
-
You must be the sole owner and user of Sharara Account. You
are solely responsible for maintaining the confidentiality
and security of your Sharara Account, password and
activities that occur in or through your Sharara Account and
for restricting access to your Device to prevent
unauthorized access to your Sharara Account. You agree to
accept responsibility for all activities that occur in or
through your Sharara Account by you and anyone using your
password and login information (with or without your
permission). You shall inform us immediately by writing to
us at
community@shararavideo.com
if you have any reason to believe that your Sharara Account
password has become known to anyone else, or if the password
is being, or is likely to be, used in an unauthorized
manner, or in case of any other suspected unauthorized use
of your Sharara Account.
-
If you are a business entity, you agree that all officers,
employees, agents, representatives and others having access
to the credentials of your Sharara Account have been duly
authorized by you to use the services on your behalf and to
legally bind you. You shall be responsible for all actions
by current and former officers, employees, agents,
representatives and others, regardless of whether authorized
by you, who access the services using the registered Sharara
Account.
-
You unequivocally agree to provide true, correct, accurate,
and complete information about yourself. You can access and
update your information including your nickname, Sharara ID,
profile image, gender, and email address at any time by
signing into your Sharara Account on Sharara or by writing
to us at
community@shararavideo.com.The Sharara ID can be modified only once every thirty (30)
days.
-
If you provide any information that is untrue, inaccurate,
not updated or incomplete (or which becomes untrue,
inaccurate, not updated or incomplete), or we have
reasonable grounds to suspect that the information provided
by you is untrue, wrong, inaccurate or incorrect, we shall
have the right to immediately suspend or terminate your
Sharara Account without any prior notice or liability in
this regard and refuse any and all current or future use of
Sharara (or any portion thereof) or Services in connection
thereto.
-
You may delete your Sharara Account by submitting a request
to us at
community@shararavideo.com.
E. YOUR PRIVACY
-
" Personal Information " means information
relating to a natural person that can be used to identify an
individual, either from that information alone or from that
information combined with other information that we have/may
have access to about that individual. Such Personal Information
may include your name, address, account number, telephone
number, email address, payment information, bank account
information and other sensitive personal information or
personally identifiable information.
-
We collect, receive, possess, store, deal or handle your
Personal Information only if it is necessary to provide the
services to you. By agreeing to use Sharara and the services
available on Sharara, you expressly consent to such use and
disclosure of your Personal Information in accordance with the
Privacy Policy available at
https://shararavideo.com/privacy.html
-
You agree and acknowledge that all Personal Information provided
by you shall be on an “as is” basis and we shall not be
responsible for the authenticity thereof.
-
You, at all times, have the option of not providing your
Personal Information by choosing not to use a particular service
that Sharara offers. If you do not provide your Personal
Information, we have the right not to provide you with the
particular service that requires such information.
-
We may collect the following types of information (which may or
may not be Personal Information) through Sharara:
- Information you provide to us or upload.
-
Information specific to you that may be assigned by us.
- Device related information and
- Log information.
-
We do not sell any Personal Information to third parties.
Personal information is collected only for providing services to
you, and legal compliance on our part under applicable laws. You
hereby expressly consent that we may process and disclose
Personal Information to our affiliates, our ecosystem companies,
and the specific third parties set out in the Privacy Policy,
for the purposes and to the extent stated in the Privacy Policy.
-
You can be assured that we shall only share your Personal
Information in accordance with your consent. You should know
that when we share your Personal Information with a third party,
we shall contractually specify that the third party is subject
to practices and obligations to comply with applicable data
protection laws. However, we are not responsible for any breach
of security, or for any other actions of any third parties that
receive your Personal Information.
-
We may disclose your Personal Information without further
consent when required under applicable laws.
-
To the extent that we may need to transfer Personal Information
outside of your jurisdiction, we shall do so in accordance with
the applicable laws. For more information on how we collect,
receive, possess, store, deal or handle your Personal
Information, please see the Privacy Policy at
https://shararavideo.com/privacy.html
F. LICENSE AND ACCESS
-
Sharara
-
You do not have the right to use any of Sharara’s trade
names, trademarks, service marks, logos, domain names, and
other distinctive brand features. You may use information on
the services made available on Zili, provided that you (i)
do not remove any proprietary notice language contained
therein, (ii) use such information only for your personal,
non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it
in any media, (iii) make no modifications to any such
information; and (iv) do not make any additional
representations or warranties relating to such information.
-
Any unauthorized use of Sharara will result in immediate
revocation of all the licences granted to you by us under
these Terms of Use.
-
Sharara Content
-
Sharara is the sole owner of all rights, title, and interest
including any and all intellectual property rights in
Sharara. The Sharara Content is owned or controlled by us,
and/or our licensors.
-
Subject to your compliance with these Terms of Use, we grant
you a limited, non-exclusive, non-transferable,
non-sub-licensable, revocable licence to access and use
Sharara, and the Sharara Content for strictly personal,
non-commercial use. You acknowledge and agree that we may
terminate this license at any time at its sole discretion.
Use of Sharara and/or the Sharara Content for any purpose
not expressly permitted by these Terms of Use is strictly
prohibited and no part thereof shall be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed or otherwise exploited for any purpose
whatsoever without our or, where applicable, our licensors’
prior written consent.
-
USER CONTENT
-
We operate Sharara as an intermediary under the Act, and the
Rules of 2011 with respect to User Content. We only
facilitate your access and use of the User Content on
Sharara.
-
We take no responsibility and assumes no liability for any
User Content that you or any other user or third party
posts, sends, or otherwise makes available over Sharara. You
shall be solely responsible for your User Content and the
consequences of posting, publishing it, sharing it, or
otherwise making it available on Zili, and you agree that
Sharara is merely acting as an intermediary for the online
distribution and publication of the User Content.
-
Our provision of access to the User Content does not in any
way imply, suggest, or constitute any sponsorship,
recommendation, opinion, advice or approval or offer by us
for such users or any services that they may offer.
-
You acknowledge and agree that you have all the rights,
licences, and permissions required under applicable laws to
create, upload, distribute and transmit your User Content on
Sharara in accordance with these Terms of Use. You also
represent that your User Content does not infringe the
rights of any third party, and that we shall not be in
violation of any applicable laws in using your User Content
in accordance with these Terms of Use.
-
By posting or otherwise making available any User Content on
or through Sharara, you expressly grant to us a
royalty-free, sub-licensable, transferable, perpetual,
irrevocable, non-exclusive, worldwide licence to use,
reproduce, modify, publish, and make derivative works of all
such User Content, in whole or in part, and in any form,
media or technology, for use in connection with Sharara and
the related services. You also hereby grant each user of
Sharara a non-exclusive licence to access your User Content
through Sharara, and to use, reproduce, distribute, display
and perform such User Content as permitted through the
functionality of Sharara and under these Terms of Use.
-
You further grant us a royalty-free license to use your user
name, image, voice, and likeness to identify you as the
source of any of your User Content.
-
We reserve the right to review your User Content and
take-down any User Content that does not comply with these
Terms or any applicable laws.
-
If any User Content on Sharara is in violation of your
intellectual property rights, please contact us at the
following email address:
community@shararavideo.com. Please provide the following information so that we can
process your infringement claim effectively:
- Authorization from the copyright holder
-
Your name, email id, address and any other relevant
information
- The original copyrighted work
-
Description of the infringing content, including
pictures or other information
-
Location details of the infringing content, for example,
any available URLs
-
A declaration that the infringing party does not have
any rights in the copyrighted material and
-
A declaration to the effect that the contents of this
infringement notice is true and accurate to the best of
your knowledge and that you are the copyright holder or
have been duly authorised by the copyright owner to act
on his behalf.
-
We shall take all reasonable steps, as soon as possible, to
remove/takedown proven infringing content.
G. YOUR OBLIGATIONS WHEN USING SHARARA
-
You may only use Sharara to use the services that may be offered
on Sharara by us. You agree not to use Sharara for any purpose
that is unlawful, illegal or forbidden by these Terms of Use, or
any applicable laws. We may, at its sole discretion, at any time
and without prior notice or liability, impose additional
requirements and restrictions or suspend, terminate or restrict
your access to Sharara (or any portions thereof) if it is
discovered or it comes to our notice that you have breached
these Terms of Use, Privacy Policy and/or any applicable laws.
-
You further agree that you shall not:
-
host, display, upload, modify, publish, transmit, update or
share any material or information that : (i) belongs to
another person and to which the user does not have any right
to; (ii) is grossly harmful, harassing, blasphemous
defamatory, obscene, pornographic, pedophilic, 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; (iii) harms minors in any
way; (iv) deceives or misleads the addressee about the
origin of such messages or communicates any information
which is grossly offensive or menacing in nature; (v)
impersonates another person; (vi) contains software viruses,
worms, spyware, adware, software disabling codes, other
malicious or intrusive software, or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer resource (vii) threatens
the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public
order or causes incitement to the commission of any
cognisable offence or prevents investigation of any offence
or is insulting any other nation; (ix) infringes the
intellectual property rights, legal rights, or interests of
any third party; (x) adversely interferes with the working
of the Devices, or parts thereof, and/or modifies or
disables any of the functionality and/or the settings of the
Devices/Sharara, including without limitation any security
measures deployed on the Devices and/or Sharara;
-
Conduct or forward surveys, contests, pyramid schemes or
chain letters;
-
Download any file posted by another user of Sharara that you
know, or reasonably should know, cannot be legally
distributed in such manner;
-
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material contained in
a file that is uploaded;
-
Violate any code of conduct or other guidelines, which may
be applicable for or to any particular portion of Sharara;
-
Violate any applicable laws for the time being in force in
or outside India;
-
Violate, abuse, unethically manipulate or exploit these
Terms of Use or any terms of the Privacy Policy;
-
Attempt to gain unauthorized access to any portion or
feature of Sharara, or any other systems or networks
connected to Sharara or to any server, computer, network, or
to any of the services offered on or through Sharara by
hacking, password “mining” or any other illegitimate means;
-
Reproduce, duplicate, copy, sell, resell or exploit any
portion of Sharara;
-
Probe, scan or test the vulnerability of Sharara or any
network connected to Sharara or breach the security or
authentication measures on Sharara or any network connected
to Sharara;
-
Reverse look-up, trace or seek to trace any information of
any other user of Sharara, including any account on Sharara
not owned by you, to its source, or exploit Sharara or any
service or information made available or offered by or
through Sharara, in any way where the purpose is to reveal
any information, including but not limited to personal
identification or information, other than your own
information, as provided for by Sharara; or
-
Make any negative, denigrating or defamatory statement(s) or
comment(s) about Sharara.
H. COMMUNICATION
By making use of Sharara, and furnishing your personal/contact
details, you hereby agree that you are interested in availing of
the services that you have selected. You hereby agree that we may
contact you either electronically or through phone, to understand
your interest in the selected services, to assist you in using the
services, and to obtain information/suggestions with respect to
the services. You specifically understand and agree that by using
Sharara you authorize us to contact you for any follow up calls in
relation to the services provided through Sharara. You expressly
consent to receive calls/SMSes/emails from us for this purpose and
waive the National Customer Preference Registry registrations
contrary to this consent.
I. MONITORING OF YOUR SHARARA ACCOUNT
We have the right but not the obligation to monitor your use of
Sharara and share information with any governmental, legislative,
judicial or quasi-judicial authority of competent jurisdiction
upon receipt of an order requiring such disclosure, in accordance
with the applicable laws and the Privacy Policy available at
https://shararavideo.com/privacy.html
J. SERVICE SUSPENSION
We may wish to stop providing services through Sharara, and may
terminate your use of it at any time without any prior notice or
liability to you. Unless we inform you otherwise, upon
termination, (a) the rights and licences granted to you under
these Terms of Use shall stand revoked; and (b) you shall stop
using Sharara.
K. DISCLAIMER OF WARRANTIES
-
We operate Sharara as an intermediary and it hereby expressly
disclaims all liability for the User Content available on
Sharara.
-
Sharara, all content (including User Content) and services
included on or otherwise made available to you through Sharara
are provided on an “as is” and “as available” basis without any
representation or warranties, express or implied except
otherwise specified in writing. We 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, title, non-infringement, and
security and accuracy, as well as all warranties arising by
usage of trade, course of dealing, or course of performance. We
do not warrant that: (i) the content on Sharara shall be
up-to-date, complete, comprehensive, accurate or applicable to
your circumstances; (ii) Sharara shall meet your requirements or
shall be available on an uninterrupted, timely, secure, or
error-free basis; (iii) the results that may be obtained from
the use of Sharara or any services offered through Sharara shall
be accurate or reliable; or (iv) the quality of the services,
information, or other material obtained by you through Sharara
will meet your expectations. We shall also not be responsible
for any data lost while transmitting information on the
internet.
L. LIMITATION OF LIABILITY
-
We assume no responsibilities, guarantees or joint or several
legal liabilities on behalf of the third party partners with
respect to the services offered by such partners through
Sharara. You acknowledge and agree that your use of such
services shall be exclusively governed by the terms of such
partners and we have no liability in this regard whatsoever. To
the maximum extent permitted by law, you waive, release,
discharge and hold harmless Sharara, our directors, officers,
employees, and agents, from any and all claims, losses, damages,
liabilities, expenses and causes of action arising out of your
use of Sharara, and the services offered by the Partners on
Sharara.
-
We are in no way responsible for the accuracy, timeliness or
completeness of information obtained from third parties on
Sharara. Your interaction with any third-party accessed through
Sharara is at your own risk, and we shall have no liability with
respect to the acts, omissions, errors, representations,
warranties, breaches or negligence of any such third-party or
for any damages or expenses resulting from your interactions
with such third-party.
-
Notwithstanding anything to the contrary contained herein,
neither we nor our officers, directors, employees or any related
party shall have any liability for any indirect, incidental,
special or consequential damages or any loss of revenue or
profits arising under or relating to these Terms of Use, even if
we have been informed in advance of the possibility of such
damages. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY
ARISING FROM OR RELATING TO THESE TERMS OF USE EXCEED INR 1000.
M. INDEMNITY
-
You shall indemnify and hold harmless us, our officers,
directors, agents, and employees from any and against any
claims, causes of action, demands, recoveries, losses, damages,
fines, penalties or other costs or expenses of any kind or
nature, including reasonable attorneys' fees, arising out of or
related to your breach of these Terms of Use, Privacy Policy,
your violation of applicable laws or the rights of a third
party, through your use of Sharara.
-
This clause shall survive termination of these Terms of Use.
N. ADVERTISERS/ THIRD PARTY SERVICES IN SHARARA
Sharara may provide links to third party websites/applications or
enable you to access materials, including stickers, music, video
effects etc. offered by third parties. We have no control over
such third party materials and you acknowledge and agree that we
are not responsible for the availability of such third party
websites/applications/materials, and it does not endorse and is
not responsible or liable for any content, advertising, products
or other materials on or available from such third party
websites/applications/materials. Such
websites/applications/materials are provided “as is” for your
convenience only with no warranty, express or implied, for the
information provided within them. You further acknowledge and
agree that we shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with your use of or reliance on any such
content, goods or services available on or through any such third
party websites/applications/materials. Any user information shared
by us with such third parties shall be in accordance with all
applicable laws and the Privacy Policy, available at
https://shararavideo.com/privacy.html
O. FORCE MAJEURE
We shall not be held responsible for damage, loss,
non-availability of the services, or deficiency in provision of
the services, resulting directly or indirectly due to a fire,
earthquake, flood, epidemic, strike, lockout, labour unrest, riot,
civil disturbance, war, civil commotion, act of God, act of
terrorism, court order, change in law, or any other circumstance
which is beyond our control.
P. APPLICABLE LAWS, JURISDICTION AND DISPUTE RESOLUTION
-
These Terms of Use shall be governed by, interpreted and
construed in accordance with the laws of India. All disputes
arising out of or in relation to these Terms of Use shall be
subject to the exclusive jurisdiction of the courts at
Hyderabad.
-
This clause shall survive termination of these Terms of Use.
Q. CONTACT US
If you have any queries regarding Sharara or the services provided
through Sharara, please contact:
community@shararavideo.com