TERMS AND CONDITIONS FOR UPLOADING CONTENT

On this the July 1, 2022 this agreement is entered into between entered into between <Customer> (hereinafter referred to as uploader) and Shizen Global, (hereinafter referred to as Online Platform) for uploading content to be made available to users.

Whereas the Online Platform provides a platform for uploading of content by the uploader and the following shall be the terms governing use of the Online Platform. These terms of use, together with our community guidelines and any other terms specifically incorporated hereinafter constitute a legally binding contract between the uploader and online platform in relation to use of the platform and its services

  1. Basis of agreement and Use of the online platform.

    1. This user content agreement sets out the terms and conditions that apply to the uploader when he/she accesses the interactive features of the platform, uploading content, interaction with other users or otherwise. When you click agree to this user content agreement, you agree to be bound by the terms setout herein after. The user agrees and certifies that he has the right to use, edit, publish the uploaded data without obligation or liability and further agrees, represents and warrants that the uploader is aware of all the legal information contained herein including copyright, ownership and posting.
    2. Eligibility for uploading – The uploader must be of legal accountable age, having attained the age of majority and is not incapacitated by operation of law. If the uploader is a minor, then he shall get the valid permission of his guardian and the guardian shall be accountable for the actions of the minor under this agreement. If the content uploaded is being done for and on behalf of a legal entity like an organization or company, then the person uploading the content should be the authorized representative. The uploader should have among other things good standing and original intellect and if found otherwise the ONLINE PLATFORM reserves the right to refuse/revoke/suspend/remove the access at any time at its sole discretion without any cause or notice to the unloader.
    3. The Online platform wont make any changes to the content uploaded and the uploader is prohibited from manipulating metrics. The uploader is prohibited from uploading anything that infringes on anyone else’s rights. The Online platform reserves the right to analyze the content to help detect abuse and to maintain the standards of the content uploaded

  2. Rights of the online platform

    1. Online platform will solely control the platform and all features and functionality thereof and will have the right to modify change or amend the same at all times in its sole discretion. . The Online platform reserves the right to remove or delete any particular piece of user content uploaded from the platform at any time at its sole discretion without cause and without notice to you.
    2. The uploader agrees that by uploading the content to the platform, the uploader grants us a worldwide transferable, non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, adapt, modify, reproduce, process, publish, transmit, display and distribute such content to anyone by any means whatsoever, for any lawful purpose and to relicense, whether or not in in exchange for payment, third parties to do the same. The content uploaded is public and those to whom the platform have relicensed it. No notice of relicensing or distribution of uploaded content will be given by the platform to the uploader.
    3. Grant of License :The uploader grants a non exclusive, non revocable license to access the content uploaded by uploader through the platform and to use, copy, reproduce, distribute and display the content as permitted by the access of the platform and under this user content agreement.

  3. Authorization to upload :

  4. Subject to the uploader’s full and timely compliance with all of the terms and conditions set out in this Agreement, the Online platform hereby authorizes uploader to use the Platform for the uploading and distributing of authorized digital content, including electronic documents (“User Content”). User Content is uploaded at the risk of the uploader. 
    Notwithstanding anything to the contrary herein, The Online platform does not guarantee that there will be no unauthorized copying or distribution of User Content nor will This Website be liable for any unauthorized copying or usage of the User Content. The Uploader’s authorization to use the platform for the uploading and distribution of user content subject to the restrictions
    (1) the uploader must not share, copy, adapt, redistribute, reconfigure, modify, create derivative works from, resell, profit from or otherwise exploit content accessed through the platform.
    (2) the uploader may not act in any way that violates the guideline or agreement between the platform and the uploader or engage in any action or practice that disparages or devalues the platform’s reputation or goodwill.

  5. Prohibited uses :

    The Online platform directs that the uploader should only upload content that is accurate and state opinions which they genuinely holds and also must state whose opinions do they belong. The content uploaded should comply with all applicable laws and regulations of the country and other applicable laws from time to time and should not constitute any prohibited content.

  6. Confidentiality and privacy :

    1. The uploader can upload his/her own confidential information to the platform but it is forewarned that any confidential information uploaded will be made public and be made non confidential on the uploading of such content. The platform doesnot guarantee confidentiality of the content uploaded or maintaining it. The platform prohibits uploading content revealing or breaching confidentiality of third person. All contents will be treated as non- confidential.
    2. The platform doesnot have any responsibility in securing /backing up any data or content uploaded by the uploader. The platform is not responsible for any loss or corruption of such data or content. The platform wont be responsible for loss of data of the uploaded content.

  7. Intellectual property infringement

    The uploader will bear the sole responsibility for the uploader agrees that any attempted or actual violation of copyright of any content or commission of offence during the uploading of the content or the any adverse liability incurred by the uploader will lead to suspension /termination of your account with no further notice. The Uploader alone shall be liable for any copyright infringement/ liability therein/ adverse liability incurred in creation of the uploaded content and the Online platform

  8. Termination :

    The term of the agreement shall be from the date of agreeing to the terms and conditions of this agreement and it will continue to remain in force until terminated in accordance with the terms and conditions of this agreement. The termination of he agreement is at the discretion of the Online Platform and the platform retains the discretion and right to terminate the agreement by cancelling the account of the user / removing the content without any notice to the uploader. Upon termination of the agreement any provision which by its nature or express terms should survive will irrespective of such survival be deemed terminated and no liability will ensue on the online platform.

  9. Representation and warranties :

    On uploading the content and publishing the same, the uploader represents and warrants that :
    1. All the information furnished by the uploader are true correct and accurate. That the uploader is the creator/owner of the content created and has the necessary licenses, rights, consents, releases, permission to use and to authorize the online platform and its users to use the content in the manner permitted by the platform.
    2. That the content uploaded does not slander, defame or libel any third person, party or does not violate anyone’s publicity rights or trade secrets or be obscene or be unlawful.
    3. That the content uploaded would not violate any policy governing the user content or user behavior and that you have not entered into any terms that are in conflict with the terms and conditions of this agreement. That the user does not contain any viruses, adware, spyware, worms, or other malicious code;
    4. The uploaded content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played; and
    5. The uploader affirms that no claim has been asserted nor have any proceedings been instituted by any third party against him or his predecessors in title for the infringement of intellectual property rights in the uploaded User Content.

  10. Disclaimer of warranties:

    The online platform expressly disclaims any warranty that the security measures used to protect User Content used by online platform herein will be effective. The online platform makes no assurances that such security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements or other circumvention of such security measures.

  11. Remedies :

    The parties are independent contractors with respect to each other. This Agreement does not constitute and may not be construed as constituting a partnership or joint venture among the parties hereto, or an employee- employer relationship. No party shall have any right to obligate or bind any other party in any manner whatsoever, and nothing herein contained shall give, or is intended to give, any rights of any kind to any third parties. Rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity.

  12. Miscellaneous

    1. After continuing with your account/ browsing/accessing the online platform the uploader agrees to be bound by the updated version if any. Unless the law requires no change in policy of terms will be intimated personally to the uploader.
    2. COUNTERPARTS. This agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same agreement.
    3. CONFLICT OF TERMS : Where provisions of the Contract Documents are inconsistent, the provision imposing the higher or stricter standard of performance and/or the greater scope, quantity, or quality of Work to be performed will prevail.
    4. NOTICES : Notices between the parties shall be as following
      1. Method of Notice. The parties will give all notices and communications between the parties in writing by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid to the address that a party has notified to be that party's address for the purposes of this section.
      2. Receipt of Notice. A notice given under this agreement will be effective on the other party's receipt of it, or if e-mailed, the earlier of the other party's receipt of it and the fifth business day after mailing it.
    5. JURISDICTION AND LAW APPLICABLE. This agreement will be governed, construed, and enforced in accordance with the laws of the country ( India) and the jurisdiction of any disputes will be District of Pune without regard to its conflict of other jurisdictions.
    6. PROHIBITED CONTENT – Prohibited content and its definition for the limited purpose of this agreement denotes that the content uploaded is only for lawful purposes only and the unloader should not use the Online platform to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, logic bombs or any other harmful programs or code which could adversely affect the use or operation of the website, the platform’s operation, hardware or other devices of any other users or third parties or to upload any content/ materials containing the same. The uploader is also prohibited to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means or to otherwise spam, communicate or market to anyone any goods, services or business not authorized by the platform .
    7. SEVERABILITY. If any part of this agreement is declared unenforceable or invalid, the remainder of the agreement will continue to be valid and enforceable. The avoidance of the other clauses would not in any way affect the validity of the agreement and the parties will retain their obligations and rights.
    8. WAIVER. The failure or neglect by a party to enforce any of rights under this agreement will not be deemed to be a waiver of that party's rights.