Terms Of Use

These terms of use (Terms) constitute a legally binding agreement between you and Times Internet Limited and/or its subsidiary(ies) and/or affiliate(s) (hereinafter referred to as the “Company”, “TIL”, “we” or “our”) regarding your use of https://getm360.com/ (“Site”) and services offered by the Company, including but not limited to, access to and usage of (subject to the terms of the Agreement) subscription based services for TIL’s proprietary platform ‘M360’ (the ” Service”). You agree that, by registering for the Services, using the Site, or other information provided as part of the Services or by clicking “I agree”, you are entering into a legally binding agreement with TIL, based on the Terms herein along with Privacy Policy, master service agreement as executed separately between you and TIL and/or any other additional terms and condition as applicable on you in relation to the use of the Services (collectively referred as “Agreement”), you become a User and agree to be bound by the Agreement.

You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to the Agreement and that you agree to be bound by the following Terms in addition to the Agreement. While individuals under the age of 18 may utilize the Service and/or Site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such parent /legal guardian’s registered account. You agree to register prior to use of Services, Site or uploading any content and / or comment (if applicable) and provide your details including but not limited to complete name, age, email address, residential address, contact number.

Definition of “User” or “you” or “your”: means any person who accesses or avails this Site and/or registers for the Service as made available by the Company.

Changes

TIL may add to or change or update the Agreement, from time to time entirely at its own discretion. You are responsible for checking these Terms periodically to remain in compliance with these Terms and Agreement in entirety. Your use of Site after any amendment to the Terms shall constitute your acceptance of these Terms and you also agree to be bound by any such changes/revisions.

Furthermore, TIL 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 content, products and services contained on the Site without prior notice. Such changes will be posted to https://getm360.com/ for your reference and convenience so as to enable you to understand your responsibility as a User.

Charges

TIL reserves the right to charge fees including subscription fees from a User, in respect of any product, Service or any other aspect of this Site. The specific understanding of the fee and any other commercial understanding for Services as agreed between You and TIL shall be captured as part of the master service agreement signed between the parties.

Copyright and Trademarks

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), trademarks and logos appearing on this Site and/or any other TIL platform or technology made available while providing Services, are the property of the Company, its parent, affiliates and associates as 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 TIL; 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 Site/Service/platform(s), 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.

Limited Permission to Copy

TIL grants you permission to only access and make personal use of the Site and Services and you agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on TIL’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express written consent of TIL. However, you may print or download extracts/reports from these pages or from use of the platform for your personal / individual, non-commercial use only. You must not retain any copies of these data/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/reports for personal / individual use. Any use of the extracts/reports from the Site/Services for commercial purposes has to be informed to TIL and agreed by TIL in writing prior to such use.

TIL forbids you from any attempts to resell or put to commercial use any part of the Site and/or Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other publishers or person; any renting, leasing, or otherwise transferring rights to the Site/Service; displaying the name, logo, trademark or other identifier of another person (except for https://getm360.com/ or you) 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 Site, 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/Services.

No part of the Site/Services may be reproduced or transmitted to or stored in any other web site, 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 republish TIL’s material for distribution should be addressed to Support@getm360.com .

Individual Registration, Access, and Exchange of Information

For providing the Services for using the M360 platform by the User(publisher), registration by the User is required. To register for these Services, you have to open an account by completing the registration process (i.e., by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the Terms in addition to specific terms for use of the M360 platform by signing a master service agreement and/or any other additional terms as notified by TIL from time to time which can be posted at an appropriate location of the Site. Each registration is for a single individual user only. TIL shall retain your registration information after cancellation or withdrawal of your registration as required under applicable law(s).

To access the M360 platform and/or use the other services as provided by TIL, you will be asked to enter your individual username and password, as chosen by you during your registration. Therefore, we do not permit any of the following: – Any other person sharing your account and password; Any part of the Site (including M360 platform) being cached in proxy servers and accessed by individuals who have not registered with TIL as users of the Site/Services and M360 platform; or access through a single account and password being made available to multiple users on a network. The Company may also provide access to or integrate other proprietary platforms for provisioning of the Services. You agree to comply with additional terms and conditions as applicable to the other platforms integrated/made available by the company as part of the Services hereunder.

If TIL reasonably believes that an account and password is being used / misused in any manner, TIL shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TIL immediately of any unauthorized use of your account or any other breach of security. TIL will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by TIL or another party due to someone else using your account or password.

Subscription Service

Subscription based Service(s) may differ from country to country and the device from which you subscribe. ‘Subscriptions Packages’ and price may also vary in time. The subscription prices shall be determined by the Company, in its sole discretion.

When you purchase a subscription, you must provide us with complete and accurate payment and other information required by the Company. By submitting payment details you represent, warrant and undertake that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription-based service or your entire access to Services on Site. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. Company uses third party payment gateway services for receiving payment from Users for its subscription-based Services and you hereby agree to your details and information being shared with such third-party payment service providers and agree to comply with these third party terms and conditions in addition to the terms of the Agreement.

Subscription Contract

For our subscription-based Service, Company shall endeavor to process your subscription promptly, but Company does not guarantee that your subscription will be activated by any specified 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, and a contract formed when we have successfully verified your payment details and email address and executed a valid master service agreement, at which point we will provide you with access to your subscription. Company reserves the unfettered right to reject any offer made by its Users, at its discretion, for any reason or no reason.

Pricing

The subscription price for our subscription-based Services will be made clear to you during the sign-up process and will be captured as part of the master service agreement. The Company may also publish the prices on Site and location of such details on Site may vary from time to time, by region or by country. In order to avail our subscription-based Services, you hereby agree to pay the fees at the rates notified to you at the time you purchase your subscription and at such frequencies as notified from time to time. For certain subscription-based Services offered by Company, including but not limited to M360 platform, Company however may choose to offer fixed term or fixed payment frequency offers from time to time to Users. The currency in which your subscription is payable will be specified during the order process, depending on the Service and your country of residence. Eligibility for any discounts is ascertained at the time of your subscription and cannot be changed during the term and subsistence of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the revised price.

Taxes

Subscription and access to subscription-based Services fall under the purview of applicable tax laws of India. Taxes are applicable for consumption of content on the website and/or consumption of Services as made available by the Company for Users based in India and outside the country. Unless otherwise indicated, prices stated by the Company for the Services are exclusive of applicable taxes, including but not limited to Goods and Services Tax (GST) or other applicable taxes.

Pricing errors

User hereby agrees and acknowledges that contents on the Site may become subject to technical glitches and/or errors including but not limited to price list, subscription details etc. If we incorrectly or due to a technical glitch or error state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription-based Service without any obligation to us and we will refund you any money you have paid us for unused portion of the Services, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your access to our subscription-based Services and will refund you the fee on pro rata basis for the unused portion of the Services. Company always endeavors to act in good faith in determining whether a genuine pricing error has occurred or not.

Other costs

In addition to any subscription fees, you pay for our subscription based Services, you are responsible for paying any internet connection or other telecommunications charges or any other costs or charges that you may incur by accessing the Services and/or subscription based Services. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

Term, renewal, and cancellation

You can choose a subscription-based Service for the term and duration offered by the Company and agreed by you in the master service agreement.

No unlawful or prohibited use

As a condition of your use of the Services, you will not use the Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, additional terms and conditions, master service agreement, and notices. You may not use the Services/Site in any manner that could damage, disable, overburden, or impair any TIL’s server, or the network(s) connected to any TIL server, or interfere with any other party’s use and enjoyment of any Services/Site. You may not attempt to gain unauthorized access to any Services/Site, other accounts, computer systems or to any of the Services/Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services/Site. You shall always stay compliant with the applicable laws while using the Services/Site.

Material Posted/transmitted at TIL’s Site

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted/provided, is the sole responsibility of the person from where such content is originated/provided (the Originator). By posting/providing any data or material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you will comply with applicable law, (b) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any Content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Services, (c) you have the rights necessary to grant the licenses and sublicenses described in the Agreement , and (d) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in the Terms, including, by way of limitation, the distribution, public display and reproduction of such Images.

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 belonging to any party and further that you will indemnify TIL or its affiliates for all claims arising out of any content that you post on the Site.

You acknowledge and agree that whilst using the Site and Services posting/uploading of any information or material, which is harmful, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any person found to be involved in such activity on this website will solely be liable for actions under the applicable laws.

If you are a publisher of news and current affairs content, then in addition to compliance with other terms mentioned herein, you shall also furnish details of your editor accounts on our Services to the Ministry of Information and Broadcasting as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) and you shall comply with all applicable laws including said Rules. TIL may, at its discretion, provide such publishers who have provided information under said Rules to the Ministry of Information and Broadcasting, a demonstrable and visible mark of verification as being publishers, which may be visible to all users of the service.

TIL accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you on the Site, becomes the property of TIL and you agree to grant/assign to TIL and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”.

Furthermore, You own the information you provide M360 platform under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your profile on the M360 platform and all information shared accurate, updated and truthful.

Exchange of Information qua CHAT & other Community Services

You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.

TIL endeavors to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.

By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.

You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user’s ability to engage in real time exchanges.

Prohibited Activities

You shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Site/Services, that —

(i) belongs to another person and to which the User does not have any right;

(ii) is obscene, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling or an online game that causes user harm or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

(iii) is harmful to child;

(iv) infringes any patent, trademark, copyright or other proprietary rights;

(v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;

(vi) impersonates another person;

(vii)threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence, or prevents investigation of any offence, or is insulting other nation;

(viii)contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(ix) is in the nature of an online game that is not verified as a permissible online game;

(x) is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game;

(xi) violates any law for the time being in force.

Any Content and/or comment(s) uploaded by you on the Site/platform shall be subject to relevant laws and 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 and/or the Agreement, the Company shall have the right to immediately terminate/block your access and usage of the Site/Services and the Company shall have the right to immediately remove any non-compliant Content and or comment (as applicable), uploaded by you subject to retaining such information as required under applicable laws and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws. Additionally, unlawful content will be removed on being notified by a government agency or by an order of any court or as required under applicable laws.

TIL reserves the right to preserve records of content transmitted by it as required under applicable laws.

Grievance Redressal

Any complaints or concerns with regards to Site/Services or to report any abuse of laws or breach of these Terms may be taken up with the designated grievance redressal officer as mentioned below via post or by sending an email to the respective email id

Redressal Mechanism: 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 for as mentioned below via in writing or through email at their respective email id, signed with the electronic signature to the respective Grievance Officer.

The Grievance Officer appointed by Times Internet Limited for https://getm360.com/ is

Mr. Angad Singh who can be contacted at grievance.m360@timesinternet.in

You can also write to:

Grievance Redressal Officer

Times Internet Limited

Address: No. FC6, 1st Floor, Noida Times Centre, Film City, Sector 16A, Noida – 201301

Phone: 01143078133

The Company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

Termination of Account

TIL reserves its right to refuse Service, restrict, suspend, terminate your account; terminate any agreement related to the Services; terminate or suspend your access to the Site/Services; refuse, move or remove for any reason any Content /image that you submit on or through the Services; refuse, move, or remove any Content /image that is available on or through the Services/Site; deactivate or delete your accounts and all related information and files in your account (subject to retaining such information and associated records as required under applicable laws); establish general practices and limits concerning use of the Services at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Agreement. Upon such termination or suspension, your right to use the Site/Services will immediately cease.

Subject to the termination rights available in the master service agreement, You can also terminate your account at any time by intimating the same to the “Grievance Officer” but your information may remain stored in archive on our servers even after the deletion or the termination of your account.

TIL may retain any information and associated records that are required to be retained or preserved under applicable laws including post termination of your account and irrespective of whether such information or content has been removed or access to it has been disabled.

User Conduct and Obligations

You hereby agree and assure TIL that the Site/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 Site/Service:

post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
delete from the Site any legal notices, 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;
not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any TIL’s server, or the network(s), computer systems / resource connected to any TIL server, or interfere with any other party’s use and enjoyment of the Site/Service;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
engage in any activity that causes / may harm minors; or
perform any activity which is likely to cause such harm;
impersonate any person or entity, including, but not limited to, TIL’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
take any action which encourages or consists of any threat of harm of any kind to any person or property;
carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
use the Site/Service for illegal purposes;
disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any TIL website or the website of any TIL’s customer;
transmit through the Site/Services, 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.;
collect or attempt to collect personally identifiable information of any person or entity;
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
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation.
encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
make any representation or warranty on behalf of TIL.
You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
infringe the right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity;
infringe any confidentiality obligation

Unless otherwise permitted, you will: (i) display/use the Service in the exact form received by you, and not modify or edit any of the foregoing without TIL’s prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by TIL on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed. You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, authorized web page, nor may you frame any TIL’s and/or third parties web page.

Misuse of Services

Company may restrict, suspend or terminate the account of any user who abuses or misuses the Services. Misuse of the Services includes abusing the Company; creating multiple or false profiles; using the Services commercially without Company’s authorization, infringing any intellectual property rights, or any other behavior that Company, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Company has adopted a policy of terminating accounts of Users who, in Company’s sole discretion, are deemed to be repeat infringers.

No Controlling Spam Policy or Unsolicited E-mails

You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users of TIL for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site and Services immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the TIL’s Sites.

Disclaimer of Warranties, Indemnity and Liability

You understand and agree that the Company provides the Services on ´as-is´ ´with all faults´ and ´as available´ basis. You agree that use of the Site or the Services is at your risk.

All the warranties without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded. We disclaim any legal liability for the quality, safety or reliability of M360 platform/Site.

We provide the M360 platform and all information and related Services on an “as is” and “as available” basis. Company does not control or vet user generated content and/or promotional content for accuracy. We do not provide any express warranties or representations. If you are dissatisfied or harmed by Services or anything related to Services, you may close your account and terminate this Agreement and such termination shall be your sole and exclusive remedy.

Company is not responsible, and makes no representations or warranties for the delivery of any messages sent through services to anyone. In addition, we neither warrant nor represent that your use of the Service will not infringe the rights of third parties. Any material, service, or technology described or used on the site/platform may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Company does not have any obligation to verify the identity of the persons subscribing to its Services, nor does it have any obligation to monitor the use of its Services by other users; therefore, Company disclaims all liability for identity theft or any other misuse of your identity or information by others. Company does not guarantee that the Services it provides will function without interruption or errors in functioning. In particular, the operation of the Services may be interrupted due to maintenance, updates, or system or network failures. Company disclaims all liability for damage caused by any such interruption or errors in functioning. Furthermore, Company disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Site/ Services due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Services.

TIL and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TIL’s Sites/Services, with the delay or inability to use the TIL’s Sites/Services or related services, the provision of or failure to provide Services, or for any content, information, software, products, services and related graphics obtained through the TIL sites/Services, or otherwise arising out of the use of the TIL sites/Services, arising in contract, tort or otherwise from the use of or inability to use the Site/Services, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Site, shutting down of the whole or part of any Services that might result in any loss of information, non-retrieval or loss of data, or arising out of the inability to use any Services.

Further, under no circumstances will TIL be held responsible or liable, in any way, for any content available on the Site and/or made available by third party ad providers via the Services, which is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for 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 or uploaded on the Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that TIL is not responsible for any content sent using and/or included in TIL’s Site/Service by any third party.

Links to Other Sites

All the contents of this 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 this Site. The information from or through this site is provided on “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any content, goods, service or channel are disclaimed.

Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain TIL’s-logo, please understand that it is independent from TIL, over whom TIL has no control or connection, business or otherwise as these sites are external to TIL. You agree and understand that by visiting such sites you are beyond the TIL’s website. TIL, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on “as is” without warranty of any kind. TIL gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. TIL shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

Material Submitted by Users

Certain elements of the Site may contain material submitted by Users. TIL accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless TIL against all third party claims, demands and actions brought against TIL which arise from or relates to the material submitted by you.

Advertising Material

Part of the Site/Services contains advertising information or promotion material, or other material submitted to TIL by third parties. Responsibility for ensuring that material submitted for inclusion on Site/Services, complies with applicable international and national law, is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers on or through the Site/Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. TIL will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site/Services.

Data Protection

TIL may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, TIL reserves the right to disclose any information including personal details or information in response to / that it is required to be shared, disclosed or make made available to any affiliates, subsidiaries, governmental, administrative, regulatory or judicial authority under any law or regulation applicable to TIL.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Colombia Audience Network user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Company, our users or the public. Disclosures of user information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

Further, TIL can (and you authorize TIL to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

Relationship

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and TIL and you shall have no authority to bind TIL in any manner, whatsoever.

Force Majeure

TIL shall have no liability to you for any interruption or delay, to access the Site/Services irrespective of the cause.

Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under the Agreement.

Entire Agreement

These Terms of Use together with additional terms (without limitation) such as privacy policy, additional terms and conditions and terms of subscription for use of M360 platform or any other internal platform for provisioning of the Services, available either at Site, included by reference herein, or entered separately by TIL with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Site and Services, constitutes the entire agreement between TIL and You. You acknowledge and agree that Your usage of the Site is strictly regulated and governed by the terms and conditions of entire Agreement as referred above.

If applicable, these additional documents/policies, wherever applicable, including terms imposed by mobile application stores like Apple, iTunes, Android etc. are deemed to be incorporated under these Terms by way of reference.

Limited time to bring your claim

You and TIL agree that any cause of action arising out of or related to the TIL’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

Acceptance of Privacy Policy

By using Site and Services, you signify your acceptance of these Terms and the Privacy Policy available at the Site. If you do not agree or are not comfortable with any policy described in herein, your only remedy is to discontinue use of TIL sites/Services. We reserve the right to modify these Terms and the Privacy Policy at any time.

General Terms

Rights and obligations under the Agreement which by their nature should survive will remain in full effect after termination or expiration of the Agreement.

Any express waiver or failure to exercise promptly any right under the Agreement will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Agreement is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Agreement will remain in full force and effect.

Notice of Copyright Infringement

TIL is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Site/Services, or items advertised on the Site/Services, by end users or any other third parties (advertisers). In the event you have any grievance in relation to any Content uploaded on the Site/Services, you may contact us at support@getm360.com or write at the following address:

Times Internet Limited

Address: Times Internet

Film City Road, FC 6 Sector 16 A, Noida, Uttar Pradesh 201301, India

Ph: 01143078133

We request you to please provide the following information in your complaint:-

(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint

(b) Identification of the copyrighted work claimed to have been infringed.

(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

(d) The address, telephone number or e-mail address of the complaining party.

(e)A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.