Hams Live Platform is owned and controlled by Hams Live Private Limited. This company is incorporated under the Companies Act, 2013 with its registered office at D-915, First Floor, Taj Apartment, Jaitpur Extn Part II, Badarpur, New Delhi – 110044 (hereinafter referred to as “Company”/ “Us”/ “Our”/ “We “). The Company provides to You news, analysis, opinion, and knowledge in relation to politics and policy, government, and governance via Hams Live Platform.
Your use of and entry to Hams Live Platform after any amendment to the TOU shall signify your deemed acceptance of such modified terms. Discontinuing use of the Services will not affect the relevancy of the TOU to Your prior use and/ or access to Hams Live Platform. The Company reserves the right to change these TOU in any manner, occasionally and periodically, entirely at its own discretion, with or without any notification to You. The Company shall be under no obligation to inform or intimate the implementation of any modifications to the TOU at any time. You are responsible for checking the TOU periodically to remain in compliance with these terms at all times. Your access to and use of Hams Live Platform after any amendment to the TOU shall constitute your deemed acceptance of such modified terms. If you stop the use of the Services, it will not affect the relevancy of the TOU to Your prior use and/ or use of the Hams Live Platform.
Modifications to Hams Live Platform
Without prior notice, the Company reserves the right to suspend/ cancel, or discontinue all or any part of the Services at any given time, make changes and modifications in any or all of the content, products, and services contained on Hams Live Platform.
The Company gives adequate prior notice and reserves the right to charge subscription and/or membership fees from a User, with regard to any aspect, product, Service of Hams Live Platform.
Intellectual Property Rights
- You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company; or remove, obliterate, conceal or any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on Hams Live Platform, including without limitation, the color, size, location or style of all proprietary marks. Any breach of these rules shall be strongly defended by the Company and followed to the fullest degree as allowed by law.
- These rights, unless otherwise stated, involve all rights (including but not limited to intellectual property rights), title and interest in and to all material presented on Hams Live Platform [including but not limited to copyrights, trademarks, logos, information, data, text, software, video, sound, photographs, graphics, messages (hereinafter collectively referred to as “Content”)] are and shall remain the only and exclusive property of the Company, its parent, affiliates, and associates for the entire world in perpetuity and are protected under all applicable laws to the fullest dimensions.
Restricted Permission to Copy
- You accept that any such digital platform(s) mentioned herein shall link and redirect to the appropriate Hams Live Platform web page when a user clicks on the Content (e.g. a headline). You shall not disclose the Content (or any part thereof) in such a way that does not permit for successful linking and redirection to, and delivery of, the appropriate Hams Live Platform web page, nor will You fix any web page facilitating entry to Hams Live Platform.
- Conditional to the supplying of clause 4 (a) hereinabove, on the occasion that You make use of any Content available on Hams Live Platform on any digital platform(s) or in any other manner, You will: (i) disclose the Content on such digital platform(s) in the exact same appearance as accepted by You, and are not to edit, modify, any of the material without the Company’s prior written consent in each instance; (ii) You are to ensure that the foundational meaning of the Content is not altered, changed, or distorted in any manner; (iii) not archive any of the Content (or any part thereof) for access by users at any future date after such Content has been removed from any such digital platform(s). ; and (iv) follow all applicable laws and all restrictions, limitations, and (if any) placed by the Company on the display, use, or distribution of the Content (or any part thereof).
- The Company allows You permission to enter and utilize the facilities of the Hams Live Platform only for non-commercial personal purposes. You shall not keep any copies of these 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 for personal/individual non-commercial use only. You agree not to, directly or indirectly download or alter/ modify/ change/ amend/ revise/ transform/ vary/ translate/ copy/ publish/ distribute or circulate any content available on Hams Live Platform, or any part of it; or delete or fail to reveal any promotional taglines displayed on Hams Live Platform as a result of the Services offered through Hams Live Platform, either directly or indirectly, except with the conveyed prior written consent of the Company.
Material posted/ transmitted to/at Hams Live Platform
- You concur and recognize that posting or uploading of any information or material, which is harmful, defamatory, obscene, pornographic, vilifying, invasive of another’s privacy, hateful, profane, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any person found to be engaging in such activity on Hams Live Platform will entirely be responsible for such ventures under the applicable laws.
- The entire responsibility of the person of any Content whether publicly or privately transmitted/ posted through or on Hams Live Platform, from where such content is originated (“Originator”). By posting any such Content as the Originator, You concur and represent that (a) You have the rights necessary to grant licenses and sublicenses described in these TOU; and (b) each person depicted in such Content, if any, has provided consent to the use of such images as set forth in the TOU, including without limitation, the distribution, public display and reproduction of such. You are the unencumbered unrestricted copyright owner of such Content; (c) in the event You are not the copyright owner of any part of the Content, that the copyright owner of such part of the Content has granted You unrestricted permission to use such Content; (d) any Content transmitted or posted by You through or on Hams Live Platform shall be consistent with the terms of such use as mandated by the copyright owner, and shall be in accordance with the TOU; Content containing such image(s).
- You recognize that all Content posted by You comes under the proprietorship of the Company and You agree to allow/ assign to the Company and its affiliates, a non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, modify, reproduce, publish, adapt, translate, create derivative works from, distribute, perform and display such Content (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 and for the said content, we hold no responsibility; whatsoever.
- You concur that: (i) You have valid rights and title in any and all Content that You post or submit for publication on Hams Live Platform; (ii) You have not violated the intellectual property rights belonging to any party and further that You will compensate Us and any/ all our affiliates for any and all claims, losses or damages arising out of, or in connection with, Your unauthorized use of any such Content posted or submitted for publication to Us by You.
Registration and Access of Individual
- You shall not disclose any personal information including your account information and password with others or use anyone else’s account. You are entirely responsible for any and all activities that occur under Your account. You agree to inform Us immediately of any suspicious or unauthorized use of Your account or any other breach of security. In such an event, we shall do Our best to assist you to recover your account; however, we cannot guarantee that Your account will be restored or the content contained therein will be recovered. We will not be liable for any loss that You may incur as a result of unauthorized use of Your password or account. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
- Some particular Services offered by the Company through the Hams Live Platform, such as personal web pages, email, contests, and shopping need prior registration by the User. To obtain access to such Services, You will need to make an account by completing the registration process. You will be required to provide Us with current, complete, and accurate information pertaining to such details as detailed by the applicable registration form as part of such registration process. You will also be required to choose a distinctive user name and unique password, which shall be entered by You every time You want to entered obtain access to the said Services. It is entirely your responsibility for maintaining the confidentiality of Your password and account. You shall not be entitled to gain, and shall not facilitate, access to Hams Live Platform through a single account and password, by multiple users on a network. You concur and understand that We do not allow any part of Hams Live Platform being cached in proxy servers.
- If the Company reasonably believes that Your account and/or Password is being/ has been misused in any manner, the Company will reserve the right to nullify access rights immediately without any prior notice and block access to all users
Prohibited or Unlawful Use
- You specifically agree that the Company is not accountable for any Content transmitted through, published, or uploaded on Hams Live Platform by any third party, in any manner whatsoever. The Company will not be held responsible or liable, in any way, for any losses, claims, liabilities, damages in relation to any Content which is uploaded to Hams Live Platform, for any reason whatsoever, including but not limited to the nature of such Content and/or the accuracy of the Content being threatening, derogatory, defamatory, obscene, offensive to public sensibilities or morals, or by reason of such Content being infringing of any other individual/entity’s rights.
- No part of Hams Live Platform and/ or the Content 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 from the company except as specifically provided under these TOU. Appeals to republish any material and/ or the Content made available on Hams Live Platform for any use other than for non-commercial personal purposes should be requested (prior to such republication) to [email protected]
- You will not use the Services for any purpose that is unlawful or prohibited by these TOU. You shall not use the Services in any manner that could damage, disable, overburden, or impair the Company’s server(s), or the network(s) connected to the Company’s servers, or interfere with any other party’s use and enjoyment of any Services as a condition of Your use of the Services. You may not try to access unauthorized access to any Services, other accounts, computer systems, or to any of the Services, through hacking, password mining or any other means. You may not procure or attempt to procure any information or information through any means not intentionally made available through the Services.
- You may not (whether directly or through the use of any software program) make a database in electronic or structured manual form by downloading and/ or storing all or any part of the pages from Hams Live Platform. The Company limits You from making any endeavors to resell or put to commercial use any part of Hams Live Platform and/ or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of Hams Live Platform or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to Hams Live Platform and/ or the Content; displaying the name, logo, trademark or other identifiers of another person (except for Hams Live Platform or You) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Services offered through Hams Live Platform or is in any manner associated with Hams Live Platform and/ or the Content (or any part thereof), or any data gathering or extraction tools; or any use of meta tags.
- No part of Hams Live Platform and/ or the Content may be transmitted or reproduced 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 from the Company except as specifically given under these TOU, . Requests to republish any material and/ or the Content made available on Hams Live Platform for any use other than for non-commercial personal purposes should be communicated (prior to such republication) to [email protected]
Links and Advertising to Third Party Sites
Hams Live Platform may contain connections to other web sites and applications (“Linked Platforms“). These Linked Platforms acknowledges that the Company shall not be held accountable for the content of any Linked Platforms, in any manner whatsoever and are not under the purview of the Company. The User concurs and You agree and understand that such Linked Platforms are not associated with Hams Live Platform, and therefore, the addition of any link in relation to such Linked Platforms cannot be made to imply any endorsement or warranty by the Company in relation to the authenticity, suitability, reliability or accuracy of the Linked Platforms and/or the services and/or information provided thereunder. You are requested to verify the accuracy of all information on Your own before relying on any such information.
Termination of Account
- You can close Your account at any time by writing to [email protected] but your details may remain stored in archive on Our Servers even after the deletion or the termination of Your account.
User Obligations and Conduct
- You hereby agree to our regulations and assure the Company that Hams Live Platform and the Services provided hereunder shall be used strictly for lawful purposes only and that You will not violate laws, ordinances, regulations, 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 Hams Live Platform:
- make any depiction or warranty on behalf of the Company. You agree not to post, transmit, distribute, or otherwise make accessible 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:
- any confidentiality obligation.
- infringement of any trademark, copyright, 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:
i. right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity;
ii. obstruct or suffer to exist any lien or security interest on the subject matter of these TOU; or
iii. post, upload, email, transmit or otherwise make accessible any unauthorized advertising or unsolicited, promotional materials, “spam,” “junk mail,” “chain letters,” “pyramid schemes,” duplicative messages, or any other form of solicitation:
- manipulate identifiers, forge headers, or otherwise in order to camouflage the origin of any Content transferred through Hams Live Platform;
- participate in antisocial, disruptive, or destructive acts, including “trolling,” “flaming,” “spamming,” “flooding,” and “griefing” as those terms are frequently used and understood on Social Media.
- collect or attempt to collect personally identifiable information of any person or entity without their revealed written consent and You shall maintain records of any such written consent throughout the validity of these TOU and for a period of 2 years thereafter;
iv. interfere with, damage, or attempt to make or attempt any illegal access to any Company website or the website of any other User, place troublesome burdens or heavy loads on, the website of any other User;
v. use Hams Live Platform for any unlawful purposes;
- make any unlawful unbecoming or otherwise communication prohibited under applicable laws in relation to the Company or the Services provided by the Company to any newsgroup, chat facility, mailing list, or other Internet forums;
- conduct any detrimental attacks on application or internet service; any “denial of service” (DoS, DDoS);
- Take any action if there is a threat of harm of any kind to any person or property, especially if it encourages or consists of any threat of harm of any kind to any person or property.
vi. impersonation any person or entity, including, but not limited to, Company’s official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with an individual or establishment; engage in any activity that causes/is likely to cause harm to minors;
vii. attempt or acquiring to get any information or materials through any means not intentionally made accessible through Hams Live Platform and/or the Services;
viii. Utilizing Hams Live Platform and/or the Services provided thereunder in any methods that could damage, disable, impair. overburden, or and not undertake any action which is harmful or potentially harmful to any the Company’s server, or the network(s), computer systems/ resource connected to any Company’s server, or interfere with any other party’s use and recreation of Hams Live Platform and/or the Services provided thereunder;
ix. post, distribute, or otherwise make accessible or transfer any software or other computer files that contain a virus, time bombs, bots, botnets, trojan horses, data manipulation, malicious content, other harmful programs or elements or component; content theft, or threats.
x. remove from Hams Live Platform any disclaimers, legal notices, or proprietary notices such as copyright or trademark symbols, or modify any logos that You do not own or have direct rights to change.
xi. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Hams Live Platform;
xii. encumber or suffer to exist any lien or security interest on the subject matter of these TOU.
No Unsolicited E-mails or Controlling Spam Policy
We may approve any technical remedy (including any filtering technology or other measures) to prevent unsought bulk communications from entering, utilizing, or remaining within Our computer or communication networks. Such filtering technology or other measures may hamper either temporarily or permanently, some e-mail sent to You through Hams Live Platform. You will not use any communication tool or other means accessible on Hams Live Platform to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about other Users with the intent of sending or facilitating the sending of unsolicited bulk communications. We may terminate Your access or use of Hams Live Platform immediately, with or without any prior notice, and take any other legal action if You, or anyone using Your access details to Hams Live Platform, breaches these terms.
Disclaimer of Liability and Warranties
- The Company provides no warranty on the use of the Services and/ or Hams Live Platform to the maximum proportions permitted by applicable law. The Company also disclaims all accountability with regard to the modification, unavailability, misuse, or loss of the Services.
- Without limiting the generality of the foregoing, the Company does not constitute or warrant that the Services and/or Hams Live Platform will result in compliance, fulfillment, or conformity with the laws, regulations, requirements, or guidelines of any government or governmental agency. The Services are provided on an “as-is” and “with all faults and risks” basis, without warranties of any kind. The Company does not permit expressly or by implication, the dependability or validity of the Services or its feasibility for a particular purpose or the safety/ security of the data/Content stored by You. The Company disclaims all warranties whether express or implied, including those of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services and/or Hams Live Platform or any Content made available thereof will be continuous and free of error.
Protection of Data
- The Company can (and you sanction the Company to) disclose Your name, street address, city, state, zip code, country, phone number, email, and company name to intellectual property rights owners, as We in Our sole discretion, think necessary or appropriate in connection with an investigation of intellectual property infringement, fraud, conspiracy, or other illegal undertakings.
THE COMPANY’S AGGREGATE ACCOUNTABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS ASSOCIATES SHALL BE LIMITED TO INR 100.
THE USER SHALL SHOULDER THE WHOLE RISK CONNECTED WITH USING THE SERVICES INCLUDING, THE HAMS LIVE PLATFORM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, THE COMPANY SHALL NOT BE RESPONSIBLE TO YOU FOR ANY TEMPORARY IMPAIRMENT, PERMANENT CESSATION OF THE SERVICES OR DATA/CONTENT LOSS, OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS. IN NO EVENT SHALL THE COMPANY BE ACCOUNTABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT RESTRAINT, DAMAGES FOR LOSS OF CONTENT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS OF THE SERVICES, OR HAMS LIVE PLATFORM OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE SERVICES, OR HAMS LIVE PLATFORM, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING VIOLATION OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE SERVICES OR HAMS LIVE PLATFORM.
The Courts of law at Delhi/New Delhi shall have absolute jurisdiction over any disputes arising in relation to these TOU. The Laws of India shall govern these TOU.
- The Company reserves the right to restrict use to Hams Live Platform and/ or the Services by such prohibited access by international users. If you use Hams Live Platform and/ or the Services from a location outside India, You waive any right accessible under laws of jurisdictions outside of India. Using Hams Live Platform and/ or the Services from jurisdictions other than India where the same are unlawful is forbidden
- You agree and understand that the Services are governed and operated by the Company from its offices in India. You agree that:
ii) the Services shall be considered entirely located in India.
- The Company will not be accountable to You for any obstruction or delay, to enter Hams Live Platform notwithstanding of the cause.
- To a great degree as allowable under applicable laws, You and the Company agree that any cause of action arising out of or related to Hams Live Platform, only, must commence within one (1) year after the cause of action arises, otherwise, such cause of action will be permanently blocked.
- None of the provisions of this TOU shall be regarded to constitute a partnership or agency between You and the Company and You shall have no jurisdiction to bind the Company in any way, whatsoever.
Redressal of Grievance
- The Company is not accountable for any breach of copyright arising out of materials posted on or transmitted through this TOU, or items advertised on this TOU, by You or any other User or any third party. If You own copyrights in any of the Content posted or uploaded on Hams Live Platform without Your permission, or You believe that any user of the Services is storing, uploading, hosting, violating, or transmitting Content, then You will need to send a written notice to [email protected] providing the following details/information:
- A declaration, under penalty of perjury, that the details in the notice of copyright infringement are correct and that the protesting party is permitted to act on behalf of the owner of the right that is reportedly breached.
- A clear statement that the protesting party has a good-faith belief that usage of the material in the method complained of is not authorized by the copyright owner, law, or its agent;
- The name, address, e-mail address, or telephone number of the complaining party;
- Identification of the information, matter, or material on Hams Live Platform that is claimed to be violating or to be the subject of infringing activity;
- Identification of the copyrighted work claimed to have been infringed;
- A hand signature or electronic signature of a person sanctioned to act on behalf of the copyright owner for the motive of the grievance.