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Terms of Service
 

 

TERMS OF USE

The following Terms of Use apply to all users of Bolo Indya, a brand of SynergyByte Infotainment Private Limited (hereinafter referred to as “you” or “Users”). The terms and conditions mentioned here apply to all users of www.boloindya.com, Bolo Indya Mobile Applications and other services that may be offered by SynergyByte Infotainment Private Limited (referred hereafter as "Bolo Indya," "us", "we" and "our") from time to time (collectively, the "Services"). 

  1. CONFIRMATION AND ACCEPTANCE 

    1. This is a legal and binding agreement between Bolo Indya and the Users, and states the terms that govern your use and access of the Service. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

    1. Bolo Indya reserves the right to change these Terms of Use from time to time at its sole discretion without notice to you. You agree to the changes to these Terms of Use by your continued use of the Services after we post notice of such changes. If you do not agree to any changes we make to the Terms of Use, you must cease use of the Services.

    1. These Terms of Use govern your use of the Service as well as any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programmes, software, database, service information, any form of content available through the Service, as well as the interactive elements/features etc.

    1. By accessing or using our Service, you confirm that you can form a binding contract with us, that you accept these Terms of Use and that you agree to comply with them. Your access to and use of our Service is also subject to our Privacy Policy. 

    1. You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services. We must not have previously disabled your account for violation of law or any of our policies.

    1. If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms of Use and to agree to these Terms of Use on behalf of the business or entity.

    1. By accessing or using our Service, you may be allowed to share content to other third-party applications through a sharing link or any Application Programming Interface (API) tool. You agree to be governed by the terms and conditions, policies, regulations, and privacy terms of such third-party applications while sharing any content. 

 

  1. USER ACCOUNTS 

 

    1. You must be 18 years or above (or the relevant age in your jurisdiction where you are considered person having the capacity to contract) to create an account or use the Services. If you are under the age of 18 years, your parent, representative or guardian shall agree to these Terms of Use (both for themselves and at your behest) before you can use the Service. 

    1. You undertake that you shall, at all times, provide true, accurate, current, and complete information as may be required for your use of the Services. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. You undertake to not impersonate someone you aren’t or create an account with someone else’s details unless you have their express permission. 

    1. You are responsible for any activity that occurs in your account and shall ensure that you keep your account secure. You will not buy, sell, rent, or lease access to your account and content without our written permission. You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

    1. Bolo Indya may, at its discretion and without any notice, temporarily or permanently suspend or terminate your content or your account or your access to all or part of the Service if (a) you materially or repeatedly breach these Terms of Use; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Bolo Indya or our affiliates.

    2.  

  1. RESTRICTIONS ON YOUR USE OF THE SERVICE 

    1. Bolo Indya grants you a personal, non-commercial, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services subject to the Terms of Use, Privacy Policy and any other applicable laws. 

    1. You may not attempt to gain unauthorized access to any systems or networks connected to the Services, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of any network connected to the Services, nor breach the security or authentication measures for the Services or any network connected to the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of Bolo Indya's systems or networks, or any systems or networks connected to the Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person's use of the Services.

    1. You shall not use the Service for any unauthorized commercial or other purposes not expressly permitted by these Terms of Use, including without limitation, spamming, uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications without our express consent. You shall not create multiple accounts for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information. 

    1. You shall not use or exploit any of Bolo Indya's intellectual property rights which shall be defined to mean to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, algorithms, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right (collectively "Intellectual Property Rights"), or otherwise infringe on any of Bolo Indya's Intellectual Property Rights (including attempting to reverse engineer Bolo Indya's client or software used) or imitate Bolo Indya’s appearance, design and functions.

    1. You shall not access the Service and collect or process content made available through the Service by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools, or decompile, reverse compile or reverse engineer any of software used by the Service or intentionally distribute materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, the Service, servers and networks connected with the Service. 

    1. You shall not misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.

    2.  

    1. You shall not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; endanger national security, divulge state secret, subvert state power, and undermine national unity; harm national honor and interests; incite ethnic hatred or ethnic discrimination and undermine ethnic solidarity; undermine national religious policies and promote cults and superstitions; spread rumors, disturbing social order and undermine social stability; spread or otherwise justifying obscenity, eroticism, gambling. violence, homicide, body injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people's lives or health, or violent or cruel actions towards people or animals; or insult or slander other people and infringe other people's legal rights and interests.

    2.  

    1. Bolo Indya reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Generated Content on the Service and to suspend or terminate Users their accounts or access to the Service, and to reclaim the account details such as usernames and profile URLs without liability to you.

  1. USER GENERATED CONTENT 

    1. The Service allows you post, upload, transmit, share, store or download texts, images, photographs, graphics, audios, sound, voice, videos, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise, and all other kinds of content (“User Generated Content” or “UGC”), connect with other Users, transmit content to other Users or to all Users at large, or connect personally with other users, whilst using and accessing the Services through interactive elements and features made available on the Service.

    1. You are solely responsible for your use of the Service and for any UGC you provide, including compliance with applicable laws, rules, and regulations. In respect of UGC, Bolo Indya acts purely as an "Intermediary" as read and construed under the Information Technology Act, 2000 of India or any relevant laws of India or as construed under equivalent local laws of your jurisdiction and rules thereunder as applicable. Bolo Indya only provides Users with a platform to share User Generated Content and does not have any control, knowledge or responsibility in respect of the UGC. Bolo Indya does not review, approve, verify, fact-check, monitor, initiate the transmission of, selects the receiver of, or selects or modifies any information contained in the UGC. These Terms of Use and the Privacy Policy have been published in accordance with the Information Technology Act, 2000, Information Technology (Intermediaries Guidelines) Rules, 2011, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and all other applicable laws. 

    2.  

    1. Bolo Indya is a User Generated Content platform and does not endorse any views or opinions mentioned in the UGC posted by Users on the platform. Any legal or other action taken on any User by any third party because of any UGC shall not bear any impact on Bolo Indya. In such cases, Bolo Indya will follow the law of the land and cooperate in any procedures of the law for justice to be met to involved stakeholders.

    2.  

    1. By providing User Generated Content to the Service, you grant to Bolo Indya, our affiliates and our business partners a worldwide, non-exclusive, royalty-free, unlimited, perpetual, sublicensable and transferable license to use the UGC (including to copy, reproduce, process, adapt, modify, publish, transmit, publicly perform, publicly display and distribute such UGC to all Users to stream and download, create derivative works of and to use the UGC and to advertise, market, and promote the Service) in connection with the Service and Bolo Indya’s (and its successors' and affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.

    2.  

    1. You also grant each other User of the Service a worldwide, non-exclusive, royalty-free license to access your UGC through the Service, and to use that UGC, including to share, reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service including sharing by link or through an integrated API tool to third party websites, applications or persons. For clarity, this license does not grant any rights or permissions for a User to make use of your UGC independent of the Service.

    2.  

    1. You grant to Bolo Indya the right to monetize your UGC on the Service (and such monetization may include displaying advertisements on or within the UGC or charging users a fee for access) or co-operation with other third party. These Terms of Use do not entitle you to share such revenue and/or value; or to receive any payment and/or other consideration from any UGC uploaded to Bolo Indya; or to engage in activities to monetize any UGC uploaded to Bolo Indya, including without limitation, publish advertisements in violation of the Terms of Use. 

    1. You shall not host, display, upload, modify, publish, transmit, update or share any UGC that:

  1. belongs to another person and to which you do not have any right to;

  2. 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 whatever; 

  3. harm minors in any way;

  4. infringes any patent, trademark, copyright or other proprietary rights of any other parties or Bolo Indya; 

  5. violates any law for the time being in force; 

  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 

  7. impersonates another person; 

  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 

  9. 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;

  10. threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder;

  11. creates or shares any misleading information or fake news;

  12. creates, shares or promotes any sexually explicit content, unnecessary violence related content or any content which may be harmful, inciting or misleading to the community in any form.

(collectively referred to as “UGC Guidelines”)

    1. Bolo Indya does not monitor or review or pre-screen the User Generated Content and has no obligation to monitor the same. However, if any UGC in violation of the UGC Guidelines is brought to the attention of Bolo Indya, then Bolo Indya reserves the right, at its sole discretion and without providing any notice, to suspend, terminate, remove or block any such UGC and / or your account and / or your access to the Service and / or seek all remedies available by law and in equity for such violations. Other Users of the Service have the right to report the UGC published by you, which may lead to you getting blocked/removed from using the Service temporarily, or permanently. In some cases, Bolo Indya may at its discretion mark such UGCas unsuitable for monetisation but let the UGC be available for consumption. Users may challenge these decisions with rationale, but the final decision by Bolo Indya team would be binding on everyone.

    1. You remain solely responsible for the UGC shared by you. We do not endorse and are not responsible for any UGC shared or posted on or through the Service, including the underlying elements thereof, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Service. 

    1. You represent and warrant that you are the copyright owner of the UGC shared by you on the Service or you have received all necessary authorization, approval, licensing, rights and/or clearances from copyright owner of the content (including but not limited to text, words, pictures, videos, audios, live shows etc.) in and to the UGC shared by you on the Service, including any underlying elements thereof. 

  1. COPYRIGHT POLICY

 

    1. The Service allows Users to host, display, upload, modify, publish, transmit, update or share User Generated Content including images, photographs, graphics, videos, audio, sound recordings, voice, etc. from the local libraries of the Users. USERS ARE STRICTLY PROHIBITED FROM POSTING ANY USER GENERATED CONTENT INFRINGING UPON ANY THIRD PARTIES’ RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS IN RESPECT OF CONTENT OF BOLO INDYA OR ANY OTHER PERSON / BRAND / COMPANY. 

    1. Any such infringing UGC may be removed from the Service, when reported by other Users or brands and companies or is brought to the attention of Bolo Indya otherwise. Any legal action which may happen due to such UGC is the sole liability of the User posting the content, and Bolo Indya as a platform and company, its employees, directors, investors and any stakeholders remain indemnified. 

    2.  

    1. If you believe that any UGC on the Service is violating your rights, including intellectual property rights, or these Terms of Use, or any other applicable laws, you may submit a complaint of the same in writing to Bolo Indya. Bolo Indya reserves the right to remove, block, terminate or suspend any UGC found in violation of any third-party intellectual property rights, these Terms of Use and any applicable laws, and / or terminate or suspend such User’s account, within a reasonable time from the receipt of such complaint. Bolo Indya shall not be responsible or liable in respect of any such UGC and shall make best efforts to resolve any complaints. 

  1. DISCLAIMER AND LIMITATION OF LIABILITY 

    1. Bolo Indya and its affiliates make no representation or warranty about the Service, including any representation that the Service will be uninterrupted or error-free, and provide the Service (including content and information) on an “as is” and “as available” basis.

    1. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BOLO AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

    2.  

    1. BOLO INDYA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, SHARES OR STORES ON OR THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH BOLO INDYA WILL BE RESPONSIBLE FOR.

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOLO INDYA AND OUR MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF BOLO INDYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (D) CLAIMS OF INFRINGEMENT OF ANY THIRD PARTY RIGHTS INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF INTELLECTUAL PROPERTY.

    2.  

  1. INDEMNITY 

You agree to defend, indemnify and hold harmless Bolo Indya, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your UGC caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service. 

  1. THIRD-PARTY SHARING

The Service may contain links / API integration to third-party websites and online services that are not owned or controlled by Bolo Indya. Bolo Indya has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

 

  1. PRIVACY POLICY

    1. Bolo Indya's Privacy Policy applies to personal information you provide in connection with the Services. By using the Service you agree to the terms of Bolo Indya's Privacy Policy.

    1. Contacts List Syncing:  We access the contacts list on your mobile device. We always ask for your consent before accessing your contacts list and you have the option to deny us the access to your contacts list. Synced contact list is used to connect you with other Users through the ‘Refer and Earn' programme.  

 

  1. INTERNATIONAL USE

The use of services is only prohibited for those countries where the Services are illegal as per the law of the respective country. Your use of the Service is also subject to the applicable laws of your jurisdiction in addition to these Terms of Use. 

  1. GENERAL TERMS

    1. Bolo Indya may modify the Services or discontinue the Services at any time without notice. You agree that Bolo Indya shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

    1. These Terms of Use and the relationship with you shall be governed by the laws of Government of India, and any dispute shall be settled in the court of law Delhi.

    1. The failure of Bolo Indya to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If for any reason a court finds that any provision or portion of these Terms of Use is unenforceable, the remainder of these terms will continue in force and effect.

Last Modified: 23 December 2020