This document is an electronic contract between Mosaic Media Ventures Private Limited, a “company” within the Companies Act, 2013, and having its registered office at 4th Floor, Birla Tower, 25, Barakhamba Road, New Delhi-110001, (hereinafter referred to as “Mosaic“”) and You, under the provisions of the Information Technology Act, 2000 (as amended from time to time) as well as relevant rules framed thereunder.
Usage, Charges & Termination
A subscription fee shall be payable for accessing the content behind pay wall. Some parts of the Site shall be available for access free of cost. One subscription allows the user one login ID and password for his/her personal use. You are required to register as a subscriber for the services by completing the registration process (i.e. by providing us with current, complete and accurate information within registration form). You are entirely responsible for maintaining the confidentiality of your password and account. To access paid services, You will be asked to enter your individual User Name and Password, as chosen by You during your registration. Mosaic does not permit any of the following:-
(a) Any other person sharing your account and Password;
(b) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Mosaic as users of the Site; or
(c) Access through a single account and Password being made available to multiple users on a network.
If Mosaic reasonably believes that an account and Password is being misused in any manner, it shall reserve its right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, You are solely responsible for any and all activities that occur under your account. You agree to notify Mosaic immediately of any unauthorized use of your account or any other breach of security. Mosaic shall not be liable for any loss that You may incur as a result of someone else using your password or account. However, You shall be held liable for losses incurred by Mosaic or another party due to someone else using your account or password.
The subscription fee received is non-refundable provided no voluntary suspension or discontinuation of the Site by Mosaic is undertaken, in which case, a proportionate refund shall be provided based on the number of days for which You were unable to access the content behind pay wall. Any applicable taxes shall be levied to You over and above such subscription fee. The subscription fee payment may be made through any of the modes listed on the Site from time to time.
By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us when we have successfully verified your payment details, email address & other details, at which point we will provide you with access to your subscription. Mosaic reserves the right to reject any offer in its sole discretion, for any or no reason whatsoever.
Mosaic also reserves the right to change, modify the subscription packages or the subscription amount but the same would remain unchanged for the duration/validity of granted subscription licenses.
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. You may not use the Services in any manner that could damage, disable, overburden, or impair any Mosaic’s server, or the network(s) connected to any Mosaic server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt 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.
Mosaic reserves its right to refuse service, restrict, suspend or terminate your account without any prior written notice, upon which, your right to use Mosaic’s Site will immediately cease. However, in case such termination happens without any cause by Mosaic, then proportionate refund of subscription fees shall be made based on the number of days wherein You were unable to use the Services already paid for.
User Conduct and Obligations
You agree to follow all applicable laws, rules and regulations when using the Site. You agree to not use any product or service available on the Site to:
(a) Upload, post, email, transmit or otherwise make available any content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.
(b) Upload, post, email, transmit or otherwise make available any viruses, trojan horses, time bombs, or any other harmful programs or elements.
(c) Harm minors in any way.
(d) 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.
(e) Impersonate any person or entity, including, but not limited to, Mosaic’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
(g) Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks.
(h) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
(i) Upload, post, email, transmit or otherwise make available any content with the intention of committing or promoting an illegal act.
(j) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights (“Rights”) of any party.
(k) Upload, post, email, 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.
(l) Transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages).
(m) Harvest information about Mosaic’s users for the purpose of sending or to facilitate the sending of unsolicited bulk communications. Mosaic reserves the right to immediately terminate your access or use of the Site, with or without any notice, and further take appropriate actions as deemed necessary (including but not limited to enforcing legal remedies), if You or anyone using Your access details to the Site violates the above stated terms.
Intellectual Property Rights (IPR’s)
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), Mosaic trademarks and logos appearing on this site are the property of Mosaic, its parent, affiliates and associates 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 Mosaic. Any infringement in this regard shall be pursued in such form and manner as deemed fit by Mosaic.
Mosaic grants you permission to only access and make personal use of the Site and You agree not to download or modify/ alter/ change/ amend/ vary/ transform/ revise Mosaic’s Site, or any portion of it, except with the express consent of Mosaic.
Mosaic forbids you from any attempts to resell or put to commercial use any part of the Site; any downloading or copying of account information for the benefit of any other merchant; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site shall be reproduced or transmitted or stored on another website, nor 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 unless prior written permission is obtained from Mosaic.
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR’s belonging to any party and further that you will indemnify Mosaic or its affiliates for all claims arising out of any content that you post on the Site.
Mosaic accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by You becomes the licensed property of Mosaic and You hereby grant to Mosaic and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
Limitation of Liability
Notwithstanding anything to the contrary, Mosaic’s maximum aggregate liability for any and all claims (including third party claims) in furtherance to providing Services herein shall not exceed an amount equivalent to last one month’s proportionate subscription fees received by Mosaic from You and this clause shall survive the termination hereof.
All the contents of the Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/ consultants/ persons and are not subscribed to by the Site or its representatives. The information from or through the Site is provided on an “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement are disclaimed and excluded.
Mosaic and/or its parent/s, affiliate/s, associate/s shall not be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever (including but not limited to damages for loss of business, damages to your computer system/s, damages for loss of profits, damages for loss of data) arising in contract, tort or otherwise, from the use of or inability to use the Site or any of its contents, or from any act or omissions as a result of using the Site or any such contents, or from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, server failure, communications line failure, destruction, alteration, unauthorized access or use of any information contained on the Site. No representations or warranties whatsoever are made by Mosaic as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the Site will be corrected.
Any transactions relating to sale/purchase of goods and/or services not directly offered by Mosaic are to be settled inter-se between the parties to such transaction and all warranties (express or implied) regarding any matter pertaining thereto are expressly disclaimed by Mosaic. Mosaic merely endeavors to provide a platform where You and other party may interact, exchange information or carry out transactions on such terms and in the manner mutually agreed between You and the other party. You are solely responsible for all the activities, transactions arising with your association with such third parties on the Site to which effect Mosaic disclaims all/any responsibility or warranty whatsoever.
Under no circumstances will Mosaic be held responsible or liable, in any way, for any content which in legal opinion or otherwise is perceived to be derogatory, threatening, defamatory, obscene or offensive, offends public sensibilities or morals and shall neither be liable for any errors or omissions in any content nor for any loss or damage or infringement of any kind incurred as a result of the use of any content posted or uploaded on the Site. You specifically agree that Mosaic is not responsible for any content sent, used and/or included in Mosaic’s Site by any third party.
Third Party Content
Certain links on the Site lead to data/ resources located on servers maintained by third parties that are independent from Mosaic i.e. Mosaic has no control, connection (business or otherwise) since these websites/servers are external to Mosaic although such third party(s) websites may at times use Mosaic’s IPR’s. You agree, understand and acknowledge that by visiting such third party websites You are beyond Mosaic’s website. Mosaic therefore neither endorses nor offers any judgment or warranty and shall accept no responsibility/ liability for the authenticity, availability, suitability, reliability, accuracy of any information, software, product, service or graphics. Further, Mosaic does not endorse any of the goods/services and shall not be liable for any damage, loss or harm (direct or consequential) as well as any violation of local or international laws that may be incurred by Your visit and/or transaction/s on these website(s), as the same is provided on “as is” without warranties and representations of any kind. You are advised to seek expert opinion before relying on any advertisement, material, information or alike and also use Your own judgment with respect to such advertisement, material or information being true, correct or error free.
Certain parts of the Site shall contain material submitted by users including You. You will indemnify and hold harmless Mosaic against all third party claims, demands and actions brought against Mosaic which arises from or relates to the material submitted by You.
Mosaic shall send third party promotional mailers occasionally on your email Ids submitted to Mosaic. If You are not interested in receiving such mailers, You need to unsubscribe from such mailers through the opt-out mechanism provided within every such promotional mailer. Opting out of such promotional emails shall have no effect on Your subscription.
Mosaic respects the privacy of its users and is committed to protect it in all respects.
To avail subscription on our Site, users are required to provide certain information for the registration process namely: – a) your name, b) email address (All required information is service dependent). The Information as supplied by the users enables us to improve our Site/s and provide you the most user-friendly experience.
When we present information to our advertisers it is usually in the form of aggregated statistics on traffic to various pages within our site.
All information gathered by Mosaic, except your payment details (which are not collected by us but by independent third party controlled payment gateways), is securely stored within the Mosaic controlled database. The database is stored on servers secured behind a firewall, access to which is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
We use third-party tools to serve ads when you visit our Site. These tools may collect/use information (not including your personal information) about your visits to our Site and other websites in order to provide advertisements about goods and services of interest to you.
You agree that Mosaic shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility including that of telecommunication systems, man-made disaster, or any other cause whatsoever beyond the control of Mosaic.
Governing Law & Jurisdiction
You acknowledge that Your representations, warranties & obligations as well as the clauses relating to IPR’s, indemnification, disclaimer, limitation of liability, third party content, force majeure and governing law & jurisdiction shall survive the efflux of time and termination hereof.
You hereby acknowledge and agree that the relationship between You and Mosaic is on a principal to principal basis.
All rights reserved
Mosaic reserves the right to suspend, cancel or discontinue any or all channels, products or services at any time without notice, make modifications and alterations in any or all of the contents, products and services contained on the Site without prior notice.