Terms of Use & Grievance Redressal Policy

Terms of Use & Grievance Redressal Policy

Otus Media Private Limited (“Otus”, “We”, “Us” or “Our”) provides its Service (as defined below) to its Users (“You” or “Your”) i.e. any person who has accesses to this Website or avails benefits from this Website www.otuslive.com (Website includes the Application and the Website both) of Otus for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Website of Otus, subject to these Terms and Conditions (“Terms”). These Terms govern the use of this Website and content offered through the use of this Website, any mobile or internet connected device or otherwise.

  1. ACCEPTANCE OF TERMS
    1. The following Terms are for the use of this Website and by using/accessing this Website You are agreeing to be legally bound by these Terms.
    2. We provide Services to You with respect to uploading the information / content relating to news and recent updates on the Website.
    3. You agree to register and provide your details including but not limited to complete name, age, email address, residential address, contact number, if required.
    4. These Terms become applicable when You access the Website, utilise the Services or in any which way interact with us through the internet.
    5. These Terms are subject to revision and shall be updated and posted on the Website.
    6. On this Website any and all the Terms together with Privacy Policy shall constitute the entire understanding between the Parties.
    7. You agree to be bound by these Terms once You have access to the Website or have started availing the Services. You acknowledge and represent that You have read and understood these Terms and therefore promise to abide by them.
    8. It is of utmost importance for You to acknowledge that even though these Terms are not physically signed between the parties and is merely in an electronic form but it will constitute a contract between You and Otus.
    9. You agree not to use the Services in any way that is unlawful, or harms us or our Users.
    10. We shall grant You uninterrupted, non-exclusive, non-transferable, royalty-free and limited right to operate the Website.
  2. CHANGES
    1. We may periodically review from time to time and change our Terms to incorporate such future changes as may be considered appropriate. Our use of any information we gather will always be consistent with the Terms under which the information was collected, regardless of what the new Terms may be. We may amend the Terms at any time by updating the Terms on this Website. All amended Terms automatically take effect the day it is posted. We shall not be required to individually inform You as to any changes being made to these Terms in general. We will announce any material changes to the Terms through our Website. These Terms will survive the use of Services by You and will be effective even after the termination of Terms with respect to any particular individual.
  3. DESCRIPTION OF SERVICE
    1. The “Services” provided by Otus includes:
      1. providing a digital media platform through this Website (hereinafter referred to as the “Services” )
      2. all the information contained on this Website;
      3. platform, tools and searches through this Website; and
      4. any other Services or new features to these Services including all data, text, software, music, sound, images, graphics, video, messages or other content made available through this Website (collectively, “Content” ).
  4. USER CONDUCT AND OBLIGATIONS
    1. You hereby agree and assure Otus that the Website/Services shall be used for lawful purposes only and that You will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that You will not, through Website:
      1. delete from any disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
      2. not use the Website in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Otus’s server, or the network(s), computer systems / resource connected to any Otus server, or interfere with any other party’s use and enjoyment of the Website;
      3. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website;
      4. engage in any activity that causes / may harm minors; or
      5. perform any activity which is likely to cause such harm;
      6. impersonate any person or entity, including, but not limited to, Otus’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      7. take any action which encourages or consists of any threat of harm of any kind to any person or property;
      8. carry out any “denial of service” or any other harmful attacks on Website or internet service or;
      9. make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
      10. use the Site/Service for illegal purposes;
      11. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Website or the website of any Otus’s customer;
      12. transmit through the Website, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
      13. collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
      14. engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
      15. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
      16. post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation;
      17. encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
      18. make any representation or warranty on behalf of Otus.
  5. SHARING USER DETAILS
    1. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas we may disclose your IP address, username, name, IP location or other information in response theretowithout your consent or prior notice to you. This clause is therefore to be read along with the Privacy Policy.
  6. CONFIDENTIALITY OF INFORMATION
    1. You will keep in confidence & protect from disclosure any confidential and proprietary information concerning the Company that you may exposed to during your engagement with the Company. You will not use any such information for any purpose that is detrimental to Company.
    2. Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Bloggers / Content Contributors, etc.
    3. Opinions and other statements expressed by Contributors / Bloggers / users are theirs alone, not opinions of Otus.
    4. You are solely responsible for your content by way of accuracy and completeness, and Otus does not necessarily endorse it.
    5. You acknowledge that by providing you with the ability to view and distribute content through our site, Otus is not undertaking any obligation or liability relating to the content.
    6. Otus and its affiliates, successors, assigns and their respective employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content.
    7. Otus and its affiliates, successors, assigns and their respective, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation or claims that content violates applicable laws and/or are covered under Prohibited Activities specifically mentioned in the Terms.
    8. Otus reserves the right to block or remove communications, postings or materials at any time in its sole discretion.
    9. Otus accepts no liability regarding any unauthorised use of Blogs.
  7. COPYRIGHT AND TRADEMARKS
    1. Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Website (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Website are the property ofOtus, its parent, affiliates and associates (subject to the rights of our licensors and licensees etc. under applicable agreements, understandings and arrangements) and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Otus; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Website, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
    2. Otus, the logo and all other trademarks, service marks, graphics and logos used in connection with Otus or the Website are trademarks or registered trademarks of Otus or Otus’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Otus or third-party trademarks.
    3. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you shall not be entitled to post such Contents and comments on the Website or links etc.
    4. Our Website (including all text, photographs, graphics, video and audio content contained on our Website) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we have all rights therein. All individual articles, blogs, videos, content and other elements comprising our Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by copyright notices or restrictions contained on our Website.
  8. RESTRICTED USE OF CONTENT
    1. You shallnot copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Website or any content thereon. You shall not distribute any part of this Website or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
    2. Otus grants you permission to only access and view the Website and You agree not to, directly or indirectlyor modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute any content on Otus’s Website, or any portion of it; or delete or fail to display any promotional taglines included in the Website either directly or indirectly, except with the express consent of Otus, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Websites.
    3. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only provided you keep intact all copyright and other proprietary notices. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
    4. Otus forbids you from any attempts to resell or put to commercial use any content of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Website / Service; displaying the name, logo, trademark or other identifier of another person (except for www.otuslive.com) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Website, or any data gathering or extraction tools; or any use of meta tags.
    5. No part of the Website may be reproduced or transmitted to or stored in any other web Website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republishOtus’s material for distribution should be addressed to thehub@otuslive.com
  9. NO RESPONSIBILITY FOR THE OPINIONS BY USERS
    1. Opinions and other statements expressed by Users and third parties (e.g., bloggers) are theirs alone and not deemed to be the opinions of Otus. Otus and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any liability for such comments.
    2. Notwithstanding the foregoing, Otus reserves the right to block or remove any comments at any time in its sole discretion.
  10. NO RESPONSIBILITY FOR LINKED WEBSITES
    1. We are not responsible for the availability or content of other services that may be linked to our Website. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. 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 the use of or reliance on any content or services available on or through such services.
  11. PROHIBITED ACTIVITIES
    1. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions, and notices.
    2. You are prohibited from doing anything on the Website or in respect of the Services that:-
      1. Results in spamming, phishing or password harvesting email addresses that have been posted by other users of the Websites.
      2. Uses or attempt to use another person’s account, password or services.
      3. Disrupts, interferes with or otherwise violates the security of the Websites or any services, accounts, passwords, servers or networks related to the Website
      4. Sends repeated messages to another user or repeat postings of the same message under the same or multiple subjects or engage in cyber stalking or become a nuisance for other users.
      5. Damages, disables, overburdens, or impairsOtus’s servers, or the network(s) connected to Otus’s servers, or interferes with any other party’s use and enjoyment of any Services.
      6. Attempts to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means.
      7. Obtains or attempts to obtain any materials or information through any means not intentionally made available through the Services.
  12. INDEMNITY
    1. You agree to indemnify and hold harmless Otus and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms in respect of content posted or information provided by you for Otus’s use or information.
  13. LIABILITY
    1. The Websites include links and pointers to internet websites, content and services provided by third parties. Otus’s linking to any third party Websites does not imply an endorsement or sponsorship of such Websites or the information, products or services offered on or through the Websites. In addition, Otus does not operate or control in any respect any information, products or services that third parties may provide on or through the Websites or on websites linked to by Otus.Otus and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, loss of revenues or profits, loss of business or loss of data, in any way related to this Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Website (including, without limitation, as a result of breach of any warranty or other terms of these Terms).
  14. DISCLAIMER
    1. USE OF THE WEBSITES IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION AND SERVICES OFFERED ON OR THROUGH THE WEBSITES AND ANY THIRD-PARTY WEBSITES ARE PROVIDED ON “AS IS. BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
  15. DISCLOSURES, VIOLATION AND TERMINATION
    1. Otus may terminate or restrict your use of the Websites or any part of the Websites at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Websites affected by such termination or restriction.
    2. Any irrelevant comment uploaded by you may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms, or the privacy policy of the Website, we may terminate your account / block your access to / usage of the Website, fully or partially, and we reserve the right to immediately remove any non-compliant comment uploaded by you without any liability and shall further have the right to take recourse to such remedies as would be available to Otus under the applicable laws.
  16. MISCELLANEOUS
    1. These Terms shall be governed by and construed in accordance with the laws of India without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Websites must be filed in the courts located of New Delhi in India.
    2. Otus may transfer its rights and obligations under these Terms at any time without notice.
    3. Any failure of Otus to enforce or exercise any provision of these Terms shall not constitute a waiver of that right or provision. In the event of termination of these Terms for any reason, the provisions entitled Disclaimers, Liability, Liability, Indemnification, and other provisions for which survival is equitable or appropriate, shall survive.
  17. GRIEVANCE REDRESSAL
    1. Any complaints or concerns with regards to content and or comment or breach of these Terms shall be taken up with the designated Grievance Officer as mentioned below via email: thehub@otuslive.com
  18. BLOG TERMS OF SERVICE
    1. The following Terms govern all use of Website and all content, services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the Terms contained herein and all other operating rules, policies including, without limitation the Privacy Policy and Terms that may be published from time to time on this Website by Otus (collectively, the “Agreement”).
    2. Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Website or use any services.
  19. APPLICABLE LAW
    1. In all matters relating to Bro-King and the usage of this Website shall bind You to the Terms and therefore You shall be governed by the laws of India as applicable to the State of Delhi. We shall cooperate with all the law enforcement authorities and Orders of respective Hon’ble Courts requesting or directing us to disclose any information related to You or any information with respect to the materials posted on our Website. We also undertake that we do not take any liability or responsibility of any violation of these Terms.
  20. WAIVER, SEVERABILITY AND ASSIGNMENT
    1. Our failure to enforce a provision is not a waiver of its right to do so later. If any part of the provisions of the Terms is not enforceable, then the remaining provisions of the Terms shall remain in full effect and an enforceable term will be substituted and posted on the Website reflecting our intentions.
    2. If any clause of these Terms is held to be invalid or unenforceable then such clause shall be modified and interpreted by the competent authority to best accomplish the original provision to the fullest extent permitted by law and the remaining clauses will be enforceable and shall remain in full force regardless of such invalid or unenforceable clause.
    3. Without serving any notice to You, we shall assign the use of this Website to anybody. But, we give no right to You to assign Your rights to anybody without taking prior written consent from us. It shall be a void transfer/assignment, if our prior consent is not taken. In the interest of the Website and for proper functioning of the Services, we shall assign the rights to any of the affiliates or subsidiaries or to any successor. Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties).