1. Your Acceptance
- By using or visiting the Khabri website or any Khabri products, software, data feeds, and
services provided to you on, from, or through the Khabri app (collectively the "Service")
you signify your agreement to (1) these terms
and conditions (the "Terms of Service"), (2) Google's Privacy Policy and incorporated herein
by reference, and (3) Khabri’s Community Guidelines, and also incorporated herein by
reference. If you do not agree to any of
these terms, the Google Privacy Policy, or the Community Guidelines, please do not use the
Service. The Service is provided by Accerank Softwares Pvt. Ltd., which, along with its
products and services, is referred to as
“Khabri†in these Terms of Service.
- Although we may attempt to notify you when major changes are made to these Terms of Service,
you should periodically review the most up-to-date version. Khabri may, in its sole
discretion, modify or revise these Terms of Service
and policies at any time, and you agree to be bound by such modifications or revisions.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or
benefits.
2. Service
- These Terms of Service apply to all users of the Service, including users who are also
contributors of Content on the Service. “Content†includes the text, software, scripts,
graphics, photos, sounds, music, audios, audio visual
combinations, interactive features and other materials you may view on, access through, or
contribute to the Service. The Service includes all aspects of Khabri, including but not
limited to all products, software and services
offered via the Khabri app/website.
- The Service may contain links to third party websites that are not owned or controlled by
Khabri. Khabri has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party
websites. In addition, Khabri will not and cannot censor or edit the content of any
third-party site. By using the Service, you expressly relieve Khabri from any and all
liability arising from your use of any third-party
website.
- Accordingly, we encourage you to be aware when you leave the Service and to read the terms
and conditions and privacy policy of each other website that you visit.
3. Khabri Accounts
- In order to access some features of the Service, you will have to create a Khabri Account.
You may never use another's account without permission. When creating your account, you must
provide accurate and complete information.
You are solely responsible for the activity that occurs on your account, and you must keep
your account password secure. You must notify Khabri immediately of any breach of security
or unauthorized use of your account.
- Although Khabri will not be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of Khabri or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions Khabri hereby grants you
permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without
Khabri's prior written authorization, unless Khabri makes available the means for such
distribution through functionality offered by the
Service.
- You agree not to alter or modify any part of the Service
- You agree not to use the Service for any of the following commercial uses unless you obtain
Khabri's prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service
or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled
blog or website containing Content delivered via the Service, unless other material
not obtained from Khabri appears on the same page and is of sufficient value to be
the basis for such sales.
- Prohibited commercial uses do not include any use that Khabri expressly authorizes in
writing.
- You agree not to use or launch any automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the Service in a manner that sends more
request messages to the Khabri servers in a
given period of time than a human can reasonably produce in the same period by using a
conventional on-line web browser. Notwithstanding the foregoing, Khabri grants the operators
of public search engines permission to
use spiders to copy materials from the site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but not
caches or archives of such materials. Khabri
reserves the right to revoke these exceptions either generally or in specific cases. You
agree not to collect or harvest any personally identifiable information, including account
names, from the Service, nor to use the
communication systems provided by the Service (e.g., comments, email) for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any users of the
Service with respect to their Content.
- In your use of the Service, you will comply with all applicable laws.
- Khabri reserves the right to discontinue any aspect of the Service at any time.
- Channel performance will be closely monitored on a weekly basis.
- Creator will be given an independent dashboard to upload, edit, or modify the content at
their end.
- Creator will be expected to promote his/her Khabri channel within his/her extensions on
offline and online platforms such as Youtube , Facebook, twitter, Instagram, on ground
events/activation etc. Khabri will also provide
promotional support on social and search platforms to amplify the reach.
- The number of users getting trafficked through a creator will have to be third party
verified. Khabri reserves the right to terminate a creator's access to the Service in
circumstances, where the data doesn’t add up to the
third party number.
- Khabri reserves the right to decide whether content violates these Terms of Service for
reasons other than copyright infringement, such as, but not limited to, pornography,
obscenity, or excessive length. Khabri may at any
time, without prior notice and in its sole discretion, remove such Content and/or terminate
a user's account for submitting such material in violation of these Terms of Service.
- Khabri reserves the right to terminate the channel and agreement in case the channel is not
able to perform well.
5. Your Use of Content In addition to the general restrictions above, the following
restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos ("Marks") on the
Service, are owned by or licensed to Khabri, subject to copyright and other intellectual
property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal
use solely as intended through the provided functionality of the Service and as permitted
under these Terms of Service. You shall not
download any Content unless you see a “download†or similar link displayed by Khabri on
the Service for that Content. You shall not copy, reproduce, make available online or
electronically transmit, publish, adapt, distribute,
transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other
purposes without the prior written consent of Khabri or the respective licensors of the
Content. Khabri and its licensors reserve
all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features
of the Service or features that prevent or restrict use or copying of any Content or enforce
limitations on use of the Service or the
Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of
sources, and that Khabri is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to
such Content. You further understand and acknowledge that you may be exposed to Content that
is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights
or remedies you have or may have against Khabri with respect thereto, and, to the extent
permitted by applicable law, agree to indemnify and hold harmless Khabri, its owners,
operators, affiliates, licensors, and licensees
to the fullest extent allowed by law regarding all matters related to your use of the
Service.
6. Your Content and Conduct
- As a Khabri account holder you may submit Content to the Service, including audios and user
comments. You understand that Khabri does not guarantee any confidentiality with respect to
any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and
publishing your Content on the Service. You affirm, represent, and warrant that you own or
have the necessary licenses, rights, consents,
and permissions to publish Content you submit; and you license to Khabri all patent,
trademark, trade secret, copyright or other proprietary rights in and to such Content for
publication on the Service pursuant to these
Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting
Content to Khabri, you hereby grant Khabri a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works of, display, publish, adapt, make available
online or electronically transmit, and perform the Content in connection with the Service
and Khabri's (and its successors' and
affiliates') business, including without limitation for promoting and redistributing part or
all of the Service (and derivative works thereof) in any media formats and through any media
channels. You also hereby grant each
user of the Service a non-exclusive license to access your Content through the Service, and
to use, reproduce, distribute, display, publish, make available online or electronically
transmit, and perform such Content as
permitted through the functionality of the Service and under these Terms of Service. The
above licenses granted by you in audio Content you submit to the Service terminate within a
commercially reasonable time after you
remove or delete your audios from the Service. You understand and agree, however, that
Khabri may retain, but not display, distribute, or perform, server copies of your audios
that have been removed or deleted. The above
licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party
copyrighted material, or material that is subject to other third party proprietary rights,
unless you have permission from the rightful owner
of the material or you are otherwise legally entitled to post the material and to grant
Khabri all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that
is contrary to the Khabri Service Contract, which may be updated from time to time, or
contrary to applicable local, national, and
international laws and regulations.
- Khabri does not endorse any Content submitted to the Service by any user or other licensor,
or any opinion, recommendation, or advice expressed therein, and Khabri expressly disclaims
any and all liability in connection with
Content. Khabri does not permit copyright infringing activities and infringement of
intellectual property rights on the Service, and Khabri will remove all Content if properly
notified that such Content infringes on another's
intellectual property rights. Khabri reserves the right to remove Content without prior
notice.
7. Account Termination Policy
- Khabri will terminate a user's access to the Service if, under appropriate circumstances,
the user is determined to be a repeat infringer.
- Khabri reserves the right to decide whether Content violates these Terms of Service for
reasons other than copyright infringement, such as, but not limited to, pornography,
obscenity, or excessive length. Khabri may at any
time, without prior notice and in its sole discretion, remove such Content and/or terminate
a user's account for submitting such material in violation of these Terms of Service.
- C. Khabri will terminate any channel which has been grown by using illegal or unnatural
methods.
8. Copyright Policy
- Khabri operates a clear copyright policy in relation to any Content alleged to infringe the
copyright of a third party.
- As part of Khabri's copyright policy, Khabri will terminate user access to the Website if a
user has been determined to be a repeat infringer. A repeat infringer is a user who has been
notified of infringing activity more than
twice.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KHABRI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
EXCLUDE ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY
LAW, KHABRI EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT
OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. KHABRI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND KHABRI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL KHABRI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES
OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM OUR SERVICES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS
MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT
PERMITTED BY LAW, KHABRI LIMITS
ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE
SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN). YOU SPECIFICALLY ACKNOWLEDGE THAT
KHABRI SHALL NOT BE LIABLE FOR CONTENT
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. Indemnity
To the extent permitted by applicable law, you agree to defend,
indemnify and hold harmless Khabri, its parent corporation, 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 Service;
(iii) your violation of any third party right, including without limitation any copyright, property,
or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense
and indemnification obligation
will survive these Terms of Service and your use of the Service.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18
years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully
able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and warranties set forth in these
Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm
that you are over the age of
13, as the Service is not intended for children under 13. If you are under 13 years of age, then
please do not use the Service. There are lots of other great web sites for you. Talk to your parents
about what sites are appropriate
for you. We provide these Terms of Service with our Service so that you know what terms apply to
your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of
Service and that you have agreed
to them.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by Khabri without restriction.
Updated on: June 3, 2019