Last updated: June 2021
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This Agreement grants a non-exclusive and non-transferable license to download, access and use the mobile or desktop application or website that acts as an intermediary enabling technology allowing you, the user(s), to access various content. noo-gah! holds no responsibility or liability for any content accessible by you through the platform.
Please read carefully before completing the installation process and before accessing or using the Platform. By downloading, installing and using the Platform, you agree to accept the terms of this agreement. By installing and/or using the Platform, you confirm and agree to be bound by the terms of this Agreement. If you do not agree to be bound by these terms, then please do not install and/or use the Platform. Also, if you are using these services outside India, you are required to additionally comply with your local laws.
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THIS TERMS OF SERVICE, PLEASE DO NOT USE THE APPLICATION OR SERVICES.
We agree to provide you with our Services. The Services includes all of noo-gah!’s products, features, applications, services, technologies, and software that we provide to you. The Services is made up of the following aspects (the Services):
Our Platform lets users of the Platform upload or post or otherwise make available content through the Platform including, without limitation, user videos, sound recordings including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”).
When you publish any User Content on the Platform, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content for the purpose of providing you the Services.
You also grant other users the right to share, or transfer such User Content on the noo-gah! platform or off the platform, based on functionalities provided by us.
Any User Content will be considered non-confidential. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or belonging to third parties, or in violation of applicable law.
When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third-party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.
You grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute any User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display User Content in any form and in any and all media or distribution methods (now known or later developed).
To the extent that it is necessary, when you appear in, create, upload, post, or send User Content, you also grant us unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from noo-gah! if your name, likeness, or voice is conveyed by us on third party platforms for the purposes of marketing or advertising, or through the Services on the noo-gah! Platform.
While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
You further acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, poll data and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any content that you publish on the Platform or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you.
As an opinions aggregator, we use the information we have and that you provide to us, to study your opinions and collaborate with others on research to contribute to the well-being of our community and to make our Services better.
Who May Use Our Services
noo-gah! primarily aims to provide a neutral platform for its members/users to broadcast their opinions. We are also expecting members to showcase their skills in fine arts or other areas of interest. Noogah Social Private Limited thereby provides a stage for uploading 2-minute videos. We understand your preferred content and suggest content available on our Platform in an automated manner without the involvement of any of our personnel (“Service/Services”).
You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively “you” and “your” shall refer to the company.
Please ensure that you are allowed to use our services under the law.
How To Use Our Services
We have developed a unique platform. We also allow you to download content that is available on our Platform and share your noo-gah! experience across social media platforms. To use our Services, you must register on our Platform by entering your first-name, last-name, username, password, E-mail ID, phone number and the One-Time-Password sent by us via SMS or E-mail or any other legally permitted means. When you register with us using the noo-gah! mobile application, you also allow us to read your mobile device phone book, your SMS inbox, access your mobile gallery, mobile device storage, and mobile device camera.
In order to provide Services to you, we need to access your certain features of your mobile device.
We work hard to ensure that our Service is a safe place for all users. But we cannot guarantee it. That is where you come in. By using the Services, you agree that:
Updation of Terms
Your use of the Applications is subject to these ToS, which may be updated, amended, modified or revised by us from time to time without notice to You. It is important for You to refer to these ToS from time to time to make sure that You are aware of any additions, revisions, amendments or modifications that we may have made to these ToS
Providing a safe Service for a broad community requires that we all do our part. In return for our commitment to provide our Services, we require you to make some commitments to us. Your commitments to us are:
a. No Impersonation or False Information to be Provided
While you do not have to use your actual name on our Platform, you are required to input your correct first-name, last-name, username, password, E-mail ID & phone number and gender to use our Services. You will not falsely represent yourself as another person or representative of another person to use our Services. In the event you are operating a parody account for satirical or comedic purposes, you must state the same in your noo-gah! bio.
You will not lie about your details, including your age, for any reason.
b. Device Security
We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number.
While we do everything we can to secure your use of our Services, keep in mind that we cannot contemplate all forms of attack on our Platform. You should, as a matter of practice, ensure that your mobile device and computer are not used wrongly or tampered with in any way.
c. Content Removal and Termination
Your usage of our Platform is governed by the noo-gah! Content and Community Guidelines. If any of our users report your content to be against the noo-gah! Content Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the noo-gah! Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at: email@example.com.
We may remove any content that is shared on our Platform if such content is prohibited under the noo-gah! Content and Community Guidelines.
d. Platform Not to be Used for Anything Unlawful or Illegal
Our Platform is designed to accommodate a multiplicity of languages and cultures, as well as a diverse range of contents.
You shall not, however, use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading hate speech, inciting any form of violence or hatred against any persons, or of seditious nature, or violates any laws of the Republic of India, or is barred from being shared by any laws of the Republic of India. We reserve the right to remove such content. Please read the noo-gah! Content and Community Guidelines for further details.
In addition to the above, please note that we may share your information with appropriate law enforcement authorities if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to our property or safety, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.
We have developed a platform for people to come together; please do not share any content which is illegal or causes any harm to the well-being of members of the society or community.
e. Content Rights and Liabilities
We strongly believe in the freedom of expression and allow you to share any user videos, sound recordings including videos that incorporate locally stored sound recordings from your personal music library and ambient noise and other content on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights. Such content is against noo-gah!’s Content and Community Guidelines and may be removed from the Platform. Further, if you use any content developed by us, then we shall continue to own the intellectual property rights in such content.
You remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible for any content shared or posted on or through our Platform, and for the consequence of such sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we will not be liable for or responsible for the consequences of any transactions made or entered into by you with other users of the Platform.
You will always have ownership and responsibilities for the content you share. We will never claim that we have intellectual property rights over your content, but will have a free of cost, permanent license to use what you share and post on our Platform.
f. Intermediary Status and No Liability
We do not control what people do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services. Our responsibility for anything that happens on our Platform is strictly governed by the laws of the Republic of India and is limited to that extent. You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
We are an intermediary under Indian law. We do not control what people post on our Platform but we expect everyone to comply with the noo-gah! Content and Community Guidelines.
g. You Will Not Attempt to Disrupt or Jeopardize noo-gah!
We have developed a community-driven platform. Therefore, you agree to not interfere with, or use non-public areas of our Platform, Services, and our technical delivery system. You will not introduce any trojans, viruses, any other malicious software, any bots or scrape our Platform for any user information. Additionally, you will not probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us. If you tamper or attempt to tamper with our technological design and architecture, we may terminate your user profile. We may further report such actions to the appropriate law enforcement authorities and proceed against you with legal actions.
You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and even have to report your actions to the police.
Fees and Payment
There is no fee and/or payment required to be made by you prior to, during, or after your usage of the Application. The usage of the Application is completely free of cost, and any request for fees or payment by any person/entity purporting to be a representative of the Company should be ignored by you, unless the same is reflected in an updated version of these ToS.
Permissions You Give To Us
You accept these Terms and give us certain permissions so that we can serve you better. Permissions you have granted us are:
a.Permission to Share Your Profile Information with Third Parties
While our Platform is a freely accessible and usable platform, we need to generate revenue so that we can keep offering you our Services for free. Pursuant to this, we may share any data that we may collect relating to your usage habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement by us.
If we share any sensitive personal information such as your race, caste, or health information, biometrics etc., we will ask you for your consent prior to sharing the same. Ad revenue helps us keep improving and providing our Platform and Services for free. To generate such revenue, we need to share certain information about the demographics and usage pattern of the users on the Platform with third parties.
b. Automatic Downloads and Updates
We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the noo-gah! mobile application to your mobile device and update it from time to time.
Applications and software are constantly updated for your use and you will need to install the latest version of the noo-gah! mobile application to your mobile device each time such update is generated.
d. Data Retention
e. Alerts Provided by The Company
The Application provides you with multiple automatic alerts, if
(a) another User likes a content posted by you; or
(b) another User follows you; or
(c) any other similar relevant. You can opt-in or opt-out of such alerts in the settings section of the app.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
The copyright, trademark, patent or other intellectual property rights in the Platform (including, without limitation, all designs, logos, names, text, sound recordings, music, images, graphics, video and links) are licensed to or owned by noo-gah! or the respective third-party entities as identified on the Platform. No license or right is granted, and use of the Platform therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, you shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission of noo-gah!
You shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner of the Intellectual Property. In the event of infringement, noo-gah! may at its own discretion or as required by law take necessary steps to remedy the same.
REVIEWS AND FEEDBACK
You are solely responsible for the Content that You choose to submit for publication on the Application, including any feedback, ratings, or reviews (“Critical Content”) relating to the Application or other Users. Our role in publishing the Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. We disclaim all responsibility with respect to the content of Critical Content, and our role with respect to such content is restricted to our obligations as an ‘intermediary’ under the said Act. We shall not be liable to pay any consideration to any User for re-publishing any content across any of our platforms.
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Limitation of Liability
We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guaranty due to the actions of any user of the Platform.
The Platform and Services are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.
In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.
RIGHTS AND OBLIGATION RELATING TO CONTENT
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 120 (one hundred twenty) days for production to governmental authorities for investigation purposes
The Company reserves the right to suspend or terminate Your access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Application by such User. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify, defend and hold us harmless, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of: (i) your access to or use of the Platform and Services; (ii) any breach by you of your obligations under this Agreement; (iii) your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right; (iv) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (v) your negligence or wilful misconduct. This obligation will survive termination of our Terms.
We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.
If you have any questions regarding the Service, please contact noo-gah! (firstname.lastname@example.org)
Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to Your email address, contact number or registered mobile number, etc.) taking your service request.
Our Agreement And What Happens If We Disagree
a. Who Has Rights Under These Terms
The rights and obligations under these terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, we enter into a merger with another company and create a new company.
b. How We Will Handle Disputes
In all cases, you agree that disputes will be subject to the laws of the Republic of India and the courts of Bengaluru, Karnataka shall have exclusive jurisdiction over all such disputes.
All disputes arising under or in relation to this agreement shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English. The arbitrator’s award shall be final and undisputable by both Parties.
c. Grievance Officer
We have a Grievance Officer to address your concerns regarding data safety, privacy, and Platform usage concerns. We will resolve the issues raised by you within 30 (thirty) days from receiving them.
You may contact the Grievance Officer at any of the following:
Noogah Social Pvt Ltd
# 406, Ashatownship, 12th cross,
Bileshivale, Bangalore 560077
E-mail ID: email@example.com