Terms Of Use For Brands

This is the official site (“Site”) of MediaGuide4U Pvt Ltd (“Company”), a company duly incorporated under the laws of India and other sites linking to these Terms of Use, including mobile versions of such sites (collectively, the “Sites” or, individually, a “Site’’)

This Site is an online portal that allows organized interaction with social media influencers. This Site brings together companies/ individuals who are seeking valuable input recommendations and endorsements on specific brands/topics and bloggers/individuals/social media influencers who are willing to provide such inputs.

MEDIAGUIDE4U can be used by digital marketing companies, brands, PR agencies for identifying the right influencers who could potentially promote their brands, products or services. MEDIAGUIDE4U has distinct products and services to cater to various requirements. MEDIAGUIDE4U Scout (Built to Help You Discover, Qualify, and Collaborate with Real and Relevant Influencers and Content Creators), MEDIAGUIDE4U Radar (listen to both paid and organic influencer conversations about your brand) MEDIAGUIDE4U Recon (helps benchmark your influencer program’s long-term performance, monitor competition, and follow topics for content inspiration) MEDIAGUIDE4U Rewards you can give online influencers branded experiences and inspire them to share your brand’s message.

MEDIAGUIDE4U is also a platform for influencers (people having large presence in various social media platforms like Facebook, Twitter, Instagram, YouTube, Quora, LinkedIn, etc who have large followers, subscribers) who love to monetize their digital media presence by listing through MEDIAGUIDE4U, so that their social media presence can be commercially benefited by endorsing and commenting on brands that they prefer.

The Site is thus a marketplace for digital marketing companies, brands, PR agencies and influencers.

DEFINITION:

“Services” any services offered on or through the Site, to a guest or a registered user (hereafter “Agreement”).

“Content” shall mean and include any inputs on specific brands/topics by any user including any blogger/individuals/ social media influencers which may be in the form of text, reviews, comments, data, information, images, photographs, music, sound, video or any other material or any reactions thereto.

‘’User’’ shall mean and include digital marketing companies/ brands, individuals/ and PR agencies and influencers.

Influencer” shall mean persons who is active in social medias (like Facebook, Twitter Instagram, YouTube, Quora, LinkedIn, etc and/ or who has substantial followers, subscribers, and who has the ability to influence other social media users who have been included in MEDIAGUIDE4U database either as registered influencers or unregistered influencers.

‘’Registered Influencer’’ shall mean those who have volunteered to provide their personal details to be included in the MEDIAGUIDE4U database and registered their name as an influencer.

Unregistered influencers shall mean influencer identified by MEDIAGUIDE4U from its own research whose contact and coordinates are extracted from various public sources.

“Personal information” shall mean and include any information relating to the user including name, email id, phone number, location, gender, IP address, address, photograph and economic, cultural or social identity of the user.

ELIGIBILITY

By using the Services, you represent and warrant that you are above the 14 years of age and qualified to enter into contract. If you are not eligible to enter into contracts, then please discontinue use of the Services and leave now.

If you are the parent or guardian of a child under 14 years of age, by registering/by creating an account or profile on the Site, you provide your consent to your child’s registration and you agree to be bound by these Terms in respect of their use of our Site. We will at all times assume (and by using this Site you warrant that) you have the legal capacity to enter into the agreement (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

TERMS OF USE

Please read the following terms and conditions carefully before you start to use the Services, as they form the entire agreement between you (sometimes referred to herein as ” You” or ” Your” or “User”) and, MEDIAGUIDE4U ( sometimes referred to herein as “we” or ” us” or ‘’Company’’).When accessing the information available through MEDIAGUIDE4U, creating an Account (“Account”) or purchasing a Subscription (” Subscription”) to MEDIAGUIDE4U you accept the Terms contained herein, without modifications and reservations of any of the Terms as contained herein, and by accessing the Site, you represent and warrant that you have read and understood, and agree to be bound by, all of the terms and conditions contained in this Agreement without limitation or qualification. Use or access of any part of the Site constitutes unconditional acceptance of these terms.

If you are an Influencer, apart from the terms of use detailed herein, the particular terms applicable to them is narrated in the terms of use for Influencers. Please read the same and agree to those terms as well before use of this Site.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICES AND SHOULD NOT PROCEED TO CREATE ANY ACCOUNTS OR ACQUIRE ANY SUBSCRIPTIONS TO THE SERVICES. BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE HERETO FROM TIME TO TIME.

You understand that our services are open only to persons who provide a valid mobile number and personal information. You are required to provide true, correct and accurate personal information. However, you can browse the Site without providing any personal information.

You understand that the operation of the Services, including your Content, may be (a) unencrypted and involve (b) transmissions over various networks; (c) changes to conform and adapt to technical requirements of connecting networks or devices and (d) transmission to MEDIAGUIDE4U’s third party vendors and hosting partners to provide the necessary related services required to operate and maintain the Services.  MEDIAGUIDE4U has taken reasonable security measures to mitigate or minimize these risks, However, MEDIAGUIDE4U is not giving any assurance or guarantee of non-occurrence of the above event nor will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

This Site is made by an Indian company with an intent to provide services to Indian customers, if you are a user, influencer from a country other than India, you may know that MEDIAGUIDE4U may not have complied with the laws of your country and You may use this site knowing this limitation. MEDIAGUIDE4U has made its best efforts to be in compliance with the laws of India. However, it is your responsibility to determine that your specific actions using the MEDIAGUIDE4U platform and your participation in the MEDIAGUIDE4U Platform are in compliance with laws, rules and regulations applicable to You. You are solely responsible for all content posted by you in MEDIAGUIDE4U and commercial and other business you may have entered into between You and another user/ Influencer.

This Site may contain links to other websites, web pages and services which may have their own terms and conditions of use and you shall be bound by such terms and conditions of use. We are not responsible for the contents of any such external hyperlinks, and references to any external links should not be construed as an endorsement of the links or their content. Use of such hyperlinks and third-party content contained therein and other sites is entirely at your own risk. The Company does not make any representations or warranties about any such sites you may access through the Site. Further, such other sites are not covered by the Company’s Privacy Policy and the information usage practices may be different from ours. Users should consult the privacy policies of such sites before submitting any personal information, as we are not responsible for and have no control over the manner in which such sites collect, use, disclose, or otherwise process your personal information.

The Site shall use cookies to monitor Site visitors and traffic and by agreeing to use the Site, you agree to use of cookies You shall ensure that prior to any third party accessing the Site through your electronic device you shall cause such person to understand and accept the Terms contained herein. If you do not understand the Terms herein, or do not agree to be bound by these Terms, you may not use or otherwise access this Site in any manner.

MEDIAGUIDE4U reserves the right to use Your name and/or Your business name as a reference for marketing or promotional purposes on MEDIAGUIDE4U website and in other communication with existing or potential MEDIAGUIDE4U customers. You further agree that You will place the MEDIAGUIDE4U logo or company name in a visible spot on Your website homepage and a place where MEDIAGUIDE4U Content or Third-Party Data is displayed, unless otherwise agreed by separate agreement.

YOUR ACCOUNT

You may only create and hold one Account/ Profile (“Account”) on MEDIAGUIDE4U. Users are prohibited from selling, trading or otherwise transferring their accounts details to another party.

You are solely responsible for all uses of your Account.. You must treat your Account, passwords, usernames, and the like as confidential and you must not disclose them to any other person or entity.

If you use this site, you are responsible for maintaining the confidentiality of your account/profile and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Our Site provides certain services only upon upgrading your account and providing personal information. Our collection use and retention of your personal information is subject to the privacy policy. By providing such personal information, you consent to receive all information relating to the Site, the services offered by the Site and/or third-party providers, all communication and instructions for availing special offers and promotional benefits. You shall solely be responsible for the appropriate use of the same.

You authorize the Company and/or authorized third parties to retain the information shared by you for the purpose of using the Site and/or the services and for any marketing campaign of the Company and/or third-party service providers. The Company reserves the right to refuse service, terminate accounts or remove or edit any Content in its sole discretion.

By providing the Company and/or third-party service providers with any information including personal information through use of the Site shall be deemed to be your consent to the Company and/or third-party service providers to communicate with you through email, SMS, phone calls, direct mail and other means of communication. We may use your Personal information including without limitation, to provide you with information you requested from MEDIAGUIDE4U or its Users and/ or to let you know about features, functions, improvements or changes to the Platform, to facilitate your identification of desired Users or other aspects of your Account.

You may request to opt-out of receiving such communication from us at any time by contacting us at ask@mediaguide4u.com. You acknowledge that opting out of receiving such information may impact Your use of and ability to fully use the MEDIAGUIDE4U Platform.

User experience may vary depending on the type of the device and the operating system that you use, and the Company accepts no responsibility for any lack of functionality due to your equipment (including your device, internet connection, operating system or settings and software).

You shall be responsible for paying all costs and expenses that you may incur while using the Site (including, but not limited to Internet data service access charges). You acknowledge that MEDIAGUIDE4U is not responsible for third party access to your account that results from theft or misappropriation of your account. You further agree that your use of the service is at your sole and exclusive risk. The Company shall not be held responsible for your interactions with other users and any other parties with whom you interact through the Site.

We reserve all rights, in our sole discretion to  suspend, disable access to or otherwise to restrict access to MEDIAGUIDE4U platform or to User Content if we find any of the following:

  1. Violation of these Terms and our policies and procedures
  2. Conduct of activities that are harmful to the MEDIAGUIDE4U Platform, to MEDIAGUIDE4U or to any other User or third party or which or
  3. When found objectionable
  4. If there is any legitimate reason for such removal.

MEDIAGUIDE4U and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. MEDIAGUIDE4U does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 14, you may use MEDIAGUIDE4U.com only with permission of a parent or guardian.

You may cancel your Account in full, or associated Subscription at any time by visiting MEDIAGUIDE4U.com. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate your Account as provided herein. You hereby acknowledge and agree that if you cancel your Account, the access associated with that membership will be removed.

RIGHT TO USE

The Company grants you the non-exclusive, non-transferable, revocable, limited right to use the data contained in the Site for your personal and commercial use. If you are a digital marketing companies, brands, PR agency, then you by registering as a User obtains the right to know about various influencers listed in the Site and their digital presence related information, profiles, their social media use, activities.

This Site provides you to search, discover and shortlist influencers using search options by providing appropriate search criteria, set up trackers for ongoing influencer campaigns, create and share campaign reports, view past reports, analyse influencer marketing and earned media performance and benchmark against competition, create a database for influencers with whom you work frequently, add influencers to the network, create list of influencers and merge the same. You shall be able to filter and create customised databases of the influencers based on the services/ verticals / interest/ hobbies activities of the influencers enabling you to approach them for your social media campaigns and marketing supports.

Once you find out your desired influencer, You can approach them by connecting the influencer either through Emails as well as DM through Instagram and Twitter. MEDIAGUIDE4U helps you to reach out to influencers through email with following steps to setup the same: 

  • Choose on any of the influencers that you would like to invite for your campaign or the brand.
  • Enter the profile and click on the Invite button which is right below the Cloud tags.
  • You get a pop-up mailbox with Email or the social media profiles that the influencers are active.
  • Choose E-mail and Click on the configure button. Now enter the username, e-mail address, and password.
  • You can find a drop-down menu of various popular email services through which you can connect with them.
  • Now Click on Configure – You can now easily reach out to the Influencers whenever you require.
  • You can also reach out to them through social media profiles in case the platform doesn’t have their email id.

However, for all your interactions with influencers, with other users and any other parties you alone is responsible. MEDIAGUIDE4U shall not be a party nor responsible in any manner in all disputes between you and third parties including influencers. However, we reserve the right, without any obligation, to intercede in any disputes. You agree that the Company will not be held responsible, answerable for any of your disputes with other users and Influencers whom you met through MEDIAGUIDE4U. We make no representations or warranties as to the conduct of any user/blogger/social media influencer.

Your license to use the Site is subject to the limitations, conditions, and restrictions established by us from time to time, in our sole discretion.

You grant permission for MEDIAGUIDE4U / and any authorized third party, as a part of the Services, to contact you (via email, phone number or by means of messages on public social media platforms)

You shall: (a) comply with any reasonable codes of conduct, policies or other notices MEDIAGUIDE4U provides You or publishes in connection with the Service at the Site, (b) promptly notify MEDIAGUIDE4U if You learn of a security breach related to the Service and shall (c) create work/post Content, in good faith inter alia by maintaining high standards of marketing ethics, respecting human rights, respecting the environment and supporting community organisations.

Unless otherwise authorized, you may not use, copy, reproduce, modify, publicly perform or display, create derivative works of, sell, auction, loan, lease, rent, distribute, transfer or disclose all or any part of the Site (including, without limitation, any screenshots, videos, documentation or manuals relating to the Site). All other rights are reserved with the Company.

License Restrictions

Unless otherwise authorized, you shall not:

  1. Interferes or attempts to interfere with the proper working of the Platform or any third-party participation;
  2. Sublicense to, transfer, network, transmit, distribute, or permit use of the Site by, any third party.
  3. Take any action that: may unreasonably encumber the MEDIAGUIDE4U Platform.
  4. Bypasses measures that are used to prevent or restrict access to the MEDIAGUIDE4U Platform;
  5. Develop a competing platform
  6. Transmit or communicate any data or commit any act that is unlawful, harmful, threatening, abusive, harassing, defamatory, demeaning, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  7. Transmit or post Content in inappropriate categories or areas on the Site;
  8. Send any repeat communication to any influencer or other user once the said influencer or user refused or denied your connect request.
  9. Transmit more request messages in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
  10. Store on any network, hard drive, computer or cloud-storage any MEDIAGUIDE4U Intellectual Property, MEDIAGUIDE4U Content or Third-Party Data or other information obtained from the Services or the Site for any period of more than 3 days after termination or expiration of this Agreement
  11. Modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks
  12. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of origin or source of software or other material contained in a Content that is uploaded on the Site;
  13. Transfer your account, username and password to a third party without our prior consent;
  14. Use the Site if you are below 18 years of age.
  15. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  16. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
  17. Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  18. In any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate MEDIAGUIDE4U Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site;
  19. Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or is in any manner plagiarised;
  20. Interfere with or disrupt the Site or any other user’s use of the Site
  21. Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the MEDIAGUIDE4U Platform or content thereon for any purpose without MEDIAGUIDE4U’’s prior written approval;
  22. Include programs which contain viruses, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software, Site or hardware or telecommunications;
  23. Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Site;
  24. Use the Site in any way related to any illegal activity;
  25. Harm the Site including using any program or other mechanism to slow or “crash” the network;
  26. Disobey any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site;
  27. Threaten the unity, integrity, defence, 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
  28. Insulting any other nation;
  29. Allow usage by others in such a way as to violate these Terms.

This license shall automatically terminate if you violate any of the above restrictions. Upon termination of the license, you must destroy any downloaded materials in your possession in any format whatsoever including in electronic or printed format.

We may alter, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability.

You agree that MEDIAGUIDE4U has no responsibility or liability for the deletion or failure to store any content maintained or obtained by the Service.

YOU PERMIT US TO DO THE FOLLOWING:

The User grants MEDIAGUIDE4U and/or authorized third parties, permission to use and retain your personal information and data for the purpose of providing the services and for any marketing campaign of the Company and/or third-party service providers.

Your continued use/access of the Site signifies your acceptance of any revisions and explicit renewal of your consent to such revisions. These Terms control the relationship between the Company and you. They do not create any rights or obligations to third parties.

MEDIAGUIDE4U does not claim any ownership interest or rights in Your User Content and nothing in these Terms shall be deemed to restrict rights You may have in Your User Content.

Changes to the Terms will be effective as on the date they are posted. The Company is not bound to provide you with any updates or notice of such revisions to the Terms and you should visit the Terms regularly to review the applicable Terms. The User grants MEDIAGUIDE4U and/or authorised third parties, the right to assign all the Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them) to any individual/company/agency of MEDIAGUIDE4U’s choice, in whole or in part and without notice.

USE OF CONTENT

Your right to make use of this Site any Content appearing on it is subject to your compliance with these Terms.

Modification or use of Content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks and may be prohibited by law.

The data relating to the influencers and users are put as it is as provided by the concerned parties and we have not verified fully the veracity or accuracy of the same. The data may be erroneous, not up to date. We are not giving any representation or accuracy of the content.

We have categorised the influencers and users based on some logical classification codified into our software. However, the logic applied, or the software code may be inaccurate resulting in wrong categorisation of the influencers. We are not giving any assurance of the accuracy of the categorisation, classification and listing.

We do not guarantee:

  1. The existence, quality, safety, suitability, or legality of the Content shared and/or provided by the Influencers or collated about influencers and Users.
  2. The truth, accuracy or suitability of any description or any other aspect referred to by Influencers Users on the MEDIAGUIDE4U Platform,
  3. The performance or conduct of any User or third party or 
  4. The legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Users or the subject matter thereof.

While we may provide information that may be helpful in assisting you to evaluate another User/ Influencer and their status in the MEDIAGUIDE4U community, MEDIAGUIDE4U does not endorse any particular User/ Influencer and/or their Content.

Any reference to a User being “Verified” (or similar language) only indicates that the Influencer/User has completed a verification or identification process on our Platform and nothing else.

You may access and display the Content for commercial and personal use. The content may not otherwise be copied, reproduced, framed, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by the Company.

Using any content on any other web site or networked computer environment is prohibited. Also, to the extent permitted by applicable law, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

You understand that by using the Site, you may be exposed to materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of materials found on the Site. You further acknowledge and agree that you will not rely on any content available on or through the Site or use such content as a substitute for professional advice.

You hereby absolutely and irrevocably assign to the Company the right to use all the data you provided while logged in or using the Site and the company has all the rights to reproduce, republish and create databases based on the said data.

Further the Company shall have the right to use, explore, exploit and utilize the said Content worldwide and in perpetuity without any compensation payable to you with respect to the Content that you submit, post, transmit or otherwise make available on the Site.

We may modify or alter or adapt your Content solely to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. Any modification made by us for the purposes as set forth above, does not in any manner make us assume any responsibility or any liability arising from any Content.

RETENTION POLICY

We collect data as and when you use MEDIAGUIDE4U services. What we collect, why we collect it, and how you can manage your information are described in our Privacy Policy. This retention policy describes why we hold onto different types of data for different periods of time.

Information retained until he/she removes it

We offer a range of services that allows you to correct or delete data stored in your MEDIAGUIDE4U Account. For example, you can:

  • Edit your personal info
  • Delete items from MyList
  • Delete content like photos and documents
  • Remove a product from the MEDIAGUIDE4U Account
  • Delete your MEDIAGUIDE4U account entirely

We’ll keep this data in your Account until you choose to remove it. And if you use our services without signing in to a MEDIAGUIDE4U Account.

Information retained until your MEDIAGUIDE4U Account is deleted

We keep some data for the life of your MEDIAGUIDE4U Account if it’s useful for helping us understand how you interact with our features and how we can improve our services.

Information retained for extended time periods for limited purposes

Sometimes business and legal requirements oblige us to retain certain information, for specific purposes, for an extended period of time. For example, when MEDIAGUIDE4U processes a payment for you, or when you make a payment to MEDIAGUIDE4U, we’ll retain this data for longer periods of time as required for tax or accounting purposes. Reasons we might retain some data for longer periods of time include:

  • Security, fraud & abuse prevention
  • Financial record-keeping
  • Complying with legal or regulatory requirements
  • Ensuring the continuity of our services
  • Direct communications with MEDIAGUIDE4U

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MEDIAGUIDE4U and MEDIAGUIDE4U is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MEDIAGUIDE4U is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MEDIAGUIDE4U of the site or any association with its operators.

Certain services made available via MEDIAGUIDE4U.com are delivered by third party sites and organizations.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other User of MEDIAGUIDE4U Platform, are those of the respective author(s) or distributor(s) and not of MEDIAGUIDE4U. MEDIAGUIDE4U does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose, of such information.

However, by using any product, service or functionality originating from the MEDIAGUIDE4U.com domain, you hereby acknowledge and consent that MEDIAGUIDE4U may share such information and data with any third party with whom MEDIAGUIDE4U has a contractual relationship to provide the requested product, service or functionality on behalf of MEDIAGUIDE4U.com users and customers.

INDEMNITY

We only make available the Content (as defined hereinafter) on various brands/topics on an ‘as is’ basis, as provided by bloggers/individuals/social media influencers. Nothing contained herein shall be deemed to construe as the advice, views, opinions or beliefs of the Company or endorsement of any brand/topic by the Company, and the Company makes no claim of accuracy of any user posted material. The bloggers/individuals/social media influencers shall be solely responsible for any Content being provided by him/her and any liability arising in respect thereof including against the Company and must ensure compliance with all laws or regulations applicable to him/her and the Content.

You shall be solely responsible for your interactions with other users/influencers and any other parties with whom you interact through the Site, provided however that we reserve the right, but have no obligation, to intercede in any disputes. You agree that the Company will not be held responsible for any liability incurred as a result of such interactions. We make no representations or warranties as to the conduct of any user/blogger/social media influencer.

You hereby indemnify, defend and hold harmless the Company and all persons claiming under the Company (“Indemnified Persons”) from and against any and all losses, claims, demands, liabilities, charges, penalties, fines, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from your breach of any of the provisions mentioned in these Terms, representations or warranties, and/or infringement by you of Materials, Copyrights and/or Trademarks and Content, including any claims against you alleging misuse or unauthorized usage of the information, data and Content available on and/or from your use of the Site itself.

You agree that the Company will not be held responsible, in any manner whatsoever, for any Content or liability arising out of any Content posted/displayed on the Site and/or any use /access of the same by any third party and is under no obligation to disable or otherwise restrict such use/access.

Notwithstanding anything to the contrary contained herein, it is expressly clarified that you shall solely be responsible for the Content or any liability arising from any Content that you provide, transmit, store or upload on the Site or when making use of the Site. You are solely responsible for your Content and assume all risks associated with use of your Content, including any reliance on its accuracy, completeness or usefulness by others. We do not make any guarantee regarding the accuracy, currency, suitability or quality of any Content, and we assume no responsibility for any Content.

INTELLECTUAL PROPERTY RIGHTS

This Site and any materials incorporated by the Company on this Site including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audio visual works, designs, logos, software and any other content, (other than the Content) (collectively referred to as “Material”) are protected by copyrights, patents, trade secrets or other proprietary rights owned by or licensed to the Company, authorized third parties and/or its licensors (“Copyrights”). Some of the logos or other images incorporated by the Company on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to the Company or other third parties (“Trademarks”). The Company respects the intellectual property rights of others and asks users of this Site to do the same. Using our services does not give you any ownership of any intellectual property rights in our services, the Material, Copyright or Trademarks.

You agree that the services, and any content provided on the Site, either by the Company or through third party providers, may be protected by intellectual property laws of India or the applicable laws of any other jurisdiction. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the Material, services and any other content provided on the Site may subject you to infringement actions either by the Company or third party providers, as the case may be.

USER WARRANTIES

  1. You either own or have all necessary rights, licenses, consent and releases necessary to grant MEDIAGUIDE4U the rights in User Content under these Terms
  2. That all the information you provide to MEDIAGUIDE4U is only about yourself, or the Account-holder entity, and that all of such information is accurate, true, current, and complete;
  3. Your use of the Service will always comply with the terms of this Agreement, and your Account and or Subscriptions will be the use of each Account only;
  4. MEDIAGUIDE4U has no role in the creation, either in whole or in part, of User Content you provide to MEDIAGUIDE4U.
  5. Neither the User Content nor your posting, uploading, publication, submission or transmittal of User Content or MEDIAGUIDE4U use of Your User Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order.
  6. MEDIAGUIDE4U may exercise any traditional editorial function as to User Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content.
  7. It remains Your sole responsibility to monitor your User Content and to guarantee that any edited User Content by MEDIAGUIDE4U and/or third parties is accurate and consistent with your representations, warranties and agreements in these Terms.

DISCLAIMER OF WARRANTIES

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT, UNLESS OTHERWISE SPECIFICALLY AGREE IN WRITING, MEDIAGUIDE4U DOES NOT HAVE ANY ASSOCIATION OR BUSINESS AFFILIATION OR CONTRACT WITH ANY SOCIAL MEDIA PLATFORM INCLUDING BUT NOT LIMITED TO FACEBOOK, INSTAGRAM TWITTER, YOUTUBE, QUORA, LINKEDIN. YOU UNDERSTAND AND AGREE THAT MEDIAGUIDE4U IS MERELY PROVIDING A PLATFORM FOR YOU TO CONNECT WITH OTHER USERS AND SOCIAL MEDIA INFLUENCERS. YOU UNDERSTAND THAT BY REGISTERING OR PROVIDING INFORMATION/OR AND ACCESSING SERVICES DIRECTLY OR INDIRECTLY FROM THE MEDIAGUIDE4U PLATFORM, YOU RECEIVE ONLY THE ABILITY TO USE THE MEDIAGUIDE4U PLATFORM AND TO ACCESS OTHER USERS WHO MAY BE INTERESTED IN CONNECTING WITH YOU, BEING IT A BRAND/COMPANY/MARKETING AGENCIES, PUBLIC RELATIONS AGENCY, INFLUENCERS (WHETHER REGISTERED OR NOT) INCLUDING, BUT NOT LIMITED TO, THE ABILITY TO MESSAGE OTHER USERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ACTING UPON THE ADVICE OR DIRECTION OF MEDIAGUIDE4U OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS. WE ARE NOT ADVISING OR GUIDING YOU ON YOUR COMMUNICATIONS OR YOUR TRANSACTIONS WITH USERS AND INFLUENCERS OR THIRD PARTIES. WE DO NOT VERIFY LEGALITY OF YOUR TRANSACTIONS.

YOU EXPRESSLY AGREE THAT MEDIAGUIDE4U IS NOT A PARTY TO ANY RELATIONSHIP OR AGREEMENT BETWEEN YOU AND ANY OTHER USER /INFLUENCER AND THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION: THE AVAILABILITY, ACCURACY OF CONTENT OR MATERIALS, INFORMATION, OR SERVICE, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU ALSO ACKNOWLEDGE AND AGREE THAT AT ALL TIMES, IT IS YOUR RESPONSIBILITY AND NOT MEDIAGUIDE4U RESPONSIBILITY, WHICH IS DISCLAIMED TO THE MAXIMUM EXTENT OF THE LAW, TO BE FAMILIAR WITH, TO ABIDE BY AND TO COMPLY WITH ALL RELEVANT FEDERAL, STATE, LOCAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS THAT MAY APPLY TO YOU AND YOUR RELATIONSHIP WITH ANY OTHER USERS/INFLUENCERS.

MEDIAGUIDE4U EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND TIMELINESS OF THE INFORMATION, AND ALL SERVICES PROVIDED BY MEDIAGUIDE4U IS BORNE EXCLUSIVELY BY YOU. MEDIAGUIDE4U USES PUBLIC DATA AND INFORMATION PROVIDED TO US BY THIRD PARTIES IN ORDER TO COMPILE ITS SERVICES. AS SUCH, MEDIAGUIDE4U RELIES ON THE SOCIAL MEDIA PLATFORMS AND OTHER PROVIDERS OF THIS INFORMATION FOR ITS ACCURACY AND CURRENTNESS. MEDIAGUIDE4U MAKES NO WARRANTY THAT THE SERVICE OR OUR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MEDIAGUIDE4U MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

THE COMPANY EXPRESSLY DISCLAIMS AND WARRANTS THAT MEDIAGUIDE4U PLATFORM IS IN COMPLIANCE WITH LAWS OF ANY PARTICULAR COUNTRY AND/OR THAT YOUR USE OF THE MEDIAGUIDE4U PLATFORM WILL BE IN COMPLIANCE WITH APPLICABLE LAWS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MEDIAGUIDE4U PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

WHERE PERMITTED, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE MEDIAGUIDE4U PLATFORM, OR TO THE RELATIONSHIP BETWEEN YOU AND MEDIAGUIDE4U OR BETWEEN YOU AND OTHER USERS,(WHETHER BASED IN CONTRACT,TORT,STRICT LIABILITY OR OTHERWISE) REMAINS WITH YOU AND NEITHER MEDIAGUIDE4U NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, PARTNERS, AGENTS, AND LICENSORS WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA OR FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY OR EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION, CLAIM FOR RELIEF OR ALLEGED THEORY OF RECOVERY WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY IN RELATION TO A PARTICULAR CLAIM EXCEED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE QORUS PLATFORM, SOFTWARE OR CODE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS

ELECTRONIC COMMUNICATIONS

Visiting mediaguide4u.com, sending emails to MEDIAGUIDE4U, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

PRIVACY

Your use of MEDIAGUIDE4U.com is subject to MEDIAGUIDE4U Privacy Policy. Click print a copy of this Privacy Policy, which forms part of these Terms. By accepting these Terms, you shall also be deemed to have accepted the terms of the Privacy Policy.

FRAUDULENT TRANSACTIONS

We reserve the right to recover the costs and lawyers’ fees from persons using the Site fraudulently. The Company also reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site.

JURISDICTION

These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Haryana, India. Courts in Gurugram shall have exclusive jurisdiction in determination of all disputes.

Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by Arbitration and Conciliation Centre, Bangalore under the laws of Indian Arbitration and Conciliation Act, 1996.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MEDIAGUIDE4U Platform or the Terms must be filed within six (6) months, or the shortest duration permitted under applicable law if such period is greater than 6 months after such claim or cause of action arose or be forever barred.

AFFIRMATION OF AGREEMENT

You hereby acknowledge and affirm that you have read this entire Agreement and that you agree to be bound by all its terms and conditions by clicking where indicated on the Service registration page and/or by authorizing the use of your credit or debit card for payment of such charges and fees necessary to create an Account or purchase a Subscription through Service and for any other charges which you may incur.

HOW TO CONTACT US

This Site is published, controlled, owned and operated by the Company.

Please forward any comments or complaints about the Site to [ask@mediaguide4u.com].

Please forward any questions regarding privacy to [ask@mediaguide4u.com]. Please forward any questions regarding other legal matters to [ask@mediaguide4u.com].