Last updated on : 22th Oct, 2020 

We welcome you to Vaarta and thank you for your support in making Pratilpi a leading story telling platform.

While it is our endeavor to make the usage of Vaarta as user-friendly as possible, we depend on each user to help us keep the platform free from content that is infringing of others’ rights, objectionable or unlawful in any manner and prevent any unauthorized use of the content legally owned by our users. We sincerely encourage you to go through the below Terms of Use to understand the do’s and don’ts while using the platform. Do not hesitate to contact us for any queries.

 

TERMS OF USE

These Terms of Use govern the use of Vanse infotect Pvt Ltd’s (“Company”), ‘Vaarta’ website (www.Vaarta.com) (“Website”), and the ‘Vaarta’ application available on Android and iOS by any person (“User”/”You”/”Your”).  

Company facilitates a User to read and/or upload literary/audio works (such as books, poems, articles, comics etc. including cover images) and audio (“Published Work”), read/listen to Published Work and literary/audio works published by Company (“Company Content”),  in various languages and upload comments, reviews on such literary works of others the same or and communicate with the Company and/or other Users through chats (“Inputs”), on the Website/Application (“Services”). Published Work and Company Content shall together be referred to as “Content”.

By browsing through the Website/Application and availing the Services, You agree to be bound by these Terms of Use read along with the Privacy Policy and represent that You are above 18 years of age and/or have the authority to enter into a binding contract with Company. If You are under 18 years of age, You must obtain consent from Your parent(s) or legal guardian(s) who will be responsible for your acceptance and compliance of these Terms of Use.  If You do not have consent from Your parent(s) or legal guardian(s), You must stop using/accessing the Website/Application.

This is an electronic record under the Information Technology Act, 2000 and rules there under. Therefore, no signature is required to make the Terms of Use binding on the User. These Terms of Use along with the Privacy Policy have been formulated as required under Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.

 

USER OBLIGATIONS

By using the Services, User agrees to abide by the below obligations: 

  1. Accuracy: To provide complete and accurate information while registering on the Website/Application and to contact Company if there is any change in such information. Further, User must not impersonate any other person.
  2. Confidentiality: To maintain confidentiality of the User’s account details and be responsible for any use of the Services through the User’s account.
  3. Ownership: To ensure that the copyrights in the Published Works uploaded are fully owned by the User and the same does not violate the patent, trademark, copyright or other proprietary rights of any third party.
  4. Content Guidelines: To ensure the Published Works/Inputs do not violate the conditions mentioned in ‘Content Guidelines’ below.
  5. Reproduction: To not reproduce any Published Works of another User Content from the Website/Application and publish it in any other platform without authority.
  6. License: To grant Company
    1. a license to publicly display their name/username to attribute the Published Works uploaded on the Website/Application;
    2. a worldwide, royalty-free, non-exclusive right and license for the Company to adapt, publish, reproduce, process, modify the Published Works to distribute, disseminate, transmit the Published Works and its derivatives on any medium or through any distribution method; and
    3. right to showcase any Published Works to a third party for the purposes of any potential collaboration without prior intimation to User.
  7. Illegal Activities: Not use the Services to perform any illegal activities nor solicit the performance of any illegal or any activity which leads to violation of third party’s rights.
  8. Virus: To not upload any material which contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource used to provide the Services.
  9. Advertise: To not advertise or solicit any products or services on the Website/Application.
  10. Security:  a) Not probe, scan or test the vulnerability of the Website/Application b) not disrupt or breach the security or authentication measures or circumvent the navigational structure, with respect to the Website/Application or the network c) Not use any manual or automated software, devices or other processes to "crawl" or "spider" any part of the Website/Application d) Not interfere with the proper working of, or places an unreasonable burden on, the Company’s infrastructure.
  11. Access: To access and use the Services solely for the User’s personal and non-commercial purposes and to not access the Website/Application or obtain the Published Works Content through any other means other than as permitted. 
  12. User Data: Not trace any information pertaining to another User or exploit any such information, including storing and collecting the same.
  13. Trademark and Design: To not use, misuse or misappropriate the trademark ‘Vaarta’ any logo ‘Vaarta’ or any design of the Website/Application, which are owned/used by the Company for any unauthorized purpose.

 

RIGHTS OF THE COMPANY

 User acknowledges the following rights of the Company: 

  1. Remove Content: Company has the right to remove any Published Works/Inputs which it deems objectionable or is infringing, as per its discretion or as required under law.
  2. Suspension: Company has the right to restrict/suspend/terminate the account of any User to access all or part of the Services, at its discretion, including for violation by the User of these Terms of Use.
  3. Intellectual Property Ownership over marks, designs: The Service and all components thereof including the Website/Application and all logos, trademarks, brand names, service marks, domain names, including designs, and graphics created by and developed by the Company on the Website/Application and other distinctive brand features of the Website/Application are exclusively owned by the Company and all intellectual property rights vested therein belong to the Company
  4. Company Content: Any Company Content belongs to the Company or its licensors and assignors. No rights therein transfer to the Users except for the purpose of legitimate use of the Service in accordance with these Terms of Use.
  5. Personal Data: Company shall process the personal data of the Users submitted in accordance with the Privacy Policy.
  6. Charges: Company may decide to charge fees for the use of the Services which shall be notified in advance to the Users.
  7. Legal disclosure: Company may disclose the details of any User or any other details regarding the Published Works/Inputs or take any other action as required under law or a lawful order by government agencies who are authorized to investigate any cyber security incidents.
  8. Enhance security measures: Company may put in place enhanced security and technical measures from time to time to prevent and tackle violation of copyrights of Users or third parties, as suitable.

 

CONTENT GUIDELINES

 Published Works/Inputs uploaded on the Website/Application must: 

  1. Not be objectionable or unlawful: Do not put up Published Works/Inputs which are grossly harmful, infringing, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
  2. Not be against national interest: Do not put up Published Works/Inputs that can 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 or is insulting any other nation.
  3. Protect minors – Do not put up Published Works/Inputs which can harm minors in any way.
  4. Not be misleading/ offensive: Do not put up Published Works/Inputs which deceives or misleads a reader about the origin of the content or communicates any information which is grossly offensive or menacing in nature.

 

SUSPENSION/TERMINATION 

  1. Violation by User: Company shall have the right to suspend or terminate partially or fully the usage and access rights of the User to the Website/Application if there is any non-compliance with these Terms of Use and/or the Privacy Policy.

 

PAYMENT AND SUBSCRIPTION

  1. Pay-to-view and Subscription: Users may have the option to (i) pay and view certain Content and/or (ii) subscribe to view Content for a determined period, by redeeming virtual currency purchased on the Website/Application by the User. In case of (i), User shall have access to view the Content for perpetuity till User’s account is active on the Website/Application. In case of (ii), User shall be able to view the Content till the end of the subscription period paid for.

  2. Limited License: Users shall have a limited license to view the Content accessed upon redeeming virtual currency and no other rights such as right to transfer, resell or any ownership rights in the Content shall vest in the User. User may access such paid Content solely through his/her personal account.

  3. Purpose: The virtual currency do not hold any real world value and solely enable the User to obtain access to Content for which it is redeemed. 

  4. Purchase Price and Value: The purchase price of the virtual currency and amount of virtual currency required to be used for accessing each Content shall be as determined by the Company from time to time.

  5. User Warranty: If User elects to purchase the virtual currency, User warrants that (i) User has the legal capacity (if User is a minor, User’s legal guardian has granted their consent) to purchase and use the same to get a license to view certain Content (ii)User’s use of a credit card or other payment service on the Website/Application is authorized, and (iii) all information that is submitted for the transaction is true and accurate.

  6. Refund: Payment towards the virtual currency shall be non-refundable and any unused virtual currency shall cease to be valid upon termination or suspension of the User’s access to the Website/Application. Company may discontinue the option of using virtual currency on the Website/Application at any time and purchased virtual currency may be refunded at Company’s discretion. Virtual currency cannot be redeemed otherwise against actual money.

  7. Free Currency: Company may offer the User free virtual currency based on User’s use of the Website/Application or for any promotional activity. Such free virtual currency may have an expiry date as determined by Company and shall be redeemed first in case the User wishes to redeem his virtual currency.

  8. Other Services: Company may, at its discretion, enable the redemption of virtual currency against other services such as purchase of merchandise or supporting Users who contribute Published Content.

 

COMPANY AN INTERMEDIARY 

  1. Users are in control of content: Company through its Website/Application receives, stores and transmits Published Works/Inputs solely on behalf of the Users. Users remain the sole authors and owners of their Published Works/Inputs. Further, Company does not control or restrict the publishing or reading of the Published Works/Inputs nor modifies the same prior to upload of the same on the Website/Application.
  2. Company an ‘intermediary’ and no liability: Company is an ‘intermediary’’ as defined under the Information Technology Act, 2000 and its Rules and is not responsible for the Published Works/Inputs uploaded on the Website/Application.
  3. Duty to act under law: Company, as an intermediary, has the duty to take necessary action against any Published Works/Inputs that violates the Information Technology Act, 2000 and its Rules which is brought to its notice and the User shall abide by such actions taken by the Company.

 

LIABILITY 

  1. No warranty of any kind: All Services and Published Works Content offered on the Website/Application are offered on an "as is" basis without any warranty whatsoever, either express or implied. The Company/Website/Application does not implicitly or explicitly support or endorse any of Published Works, content or service Content on the Website/Application. The Company/Website/Application does not warrant that the functions and Services contained in the Website/Application will be uninterrupted or error-free, or that the Website/Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website/Application.
  2. User liable for breach: You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates or its Users may suffer for any such breach).
  3. Indemnity: User expressly agrees to indemnify and hold harmless the Company/Website/Application, for its use of any Published Works/Inputs provided to it or published on the Website/Application by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
  4. No Indirect Liability: Company disclaims any and all special, incidental, indirect, consequential or punitive damages, losses costs towards any User or third party arising from the provision of Services or use of the Website/Application by others.

 

GRIEVANCE OFFICER

If any User is affected by any Published Works Content which violates these Term of Use, including the Content Guidelines, User can write their concerns to contact@Vaarta.com. We Company will endeavor to resolve the concerns within thirty (30) days.

If any person becomes aware of any Published Works Content which violate these Terms of Use, such person can contact the Grievance Officer at contact@Vaarta.com with the following details:

MISCELLANEOUS 

  1. Modification: The Company reserves the sole and exclusive right to unilaterally amend or modify these Terms of Use and such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms of Use.
  2. Disputes: The Users expressly agree that the Terms of Use, Privacy Policy and any other agreements entered between the Company and User(s) are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.
  3. Conflict: In case of any conflict arising in the interpretation of the Terms of Use in English and any other language as it may be made available in on the Website/Application, the terms of the English version shall prevail.