TERMS AND CONDITIONS FOR UPLOADING CONTENT
On this the June 16, 2021 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
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
Basis of agreement and Use of the online platform.
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.
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.
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
Rights of the online platform
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.
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.
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.
Authorization to upload :
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
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.
Confidentiality and privacy :
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-
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
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
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.
Representation and warranties :
On uploading the content and publishing the same, the uploader
represents and warrants that :
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.
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.
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;
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
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.
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.
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.
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.
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
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.
NOTICES : Notices between the parties shall be as following
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.
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.
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.
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 .
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.
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.