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Content Contributors’ Terms of Collaboration

Content Contributors Terms and Condition

These terms and conditions apply to all contributors, including audios and videos. Last updated at 04:00 P.M. on 6th January, 2022.

Introduction

Please read these Terms and Conditions of Use (these “Terms”) carefully as they govern your access to or use of the Indikaari Content Providing services(the “Service”) and any material that is made available through the Service (the “Content”).

“Indikaari” is a brand owned by Mundeir Mediatech Private Limited registered at Lucknow.

Use of the Service may be subject to additional terms and conditions presented by us, which are hereby incorporated by this reference into these Terms.

Service Provider

These Terms are between you and Mundeir Mediatech Private Limited. You shall be providing content, along with the metadata, write-ups, images and other information related to your submission to be made available for consumption or use to users via, directly or indirectly, the online platform.

Age and eligibility requirements

In order to use the Service and access any Content, you need to (1) be 18 years of age (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You write to us at [email protected] for details.

Services Provided By Us

Service Limitations and Modifications

Despite best efforts, certain technical difficulties or maintenance may result in temporary interruptions. Mundeir Mediatech Private. Limited reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof.

Data Insights

You acknowledge that Indikaari Content Providing services is a free service that we are providing to you for use at our discretion. The Service may provide you with the ability to view usage data of your podcast and demographic data on your fans. While we work hard to ensure the accuracy of the data, we do not guarantee that the Service or the data we collect from the Service will be available error-free or that mistakes, including mistakes in the data insights that we provide to you, will not happen from time to time. Where there is a glitch or mistake in the Service, we will take all reasonable efforts to address or correct these mistakes. You agree that you will indemnify and hold us harmless against any damage, liability, or costs that you incur as a result of a mistake, error, or glitch in this free service or arising from your use of the data. All data is provided to you “AS-IS.” You use all such data provided by us at your sole risk and discretion.

Your Use of the Indikaari Service

Your Account

You have to register from the form available at https://www.indikaari.in/welcome-podcaster and the entered email will be used or all communications. You may send all your needs, requests, queries and submissions at [email protected] It will be assumed that the email is being managed by you or your authorised representative. For accessing any other service we offer on our platform, you shall be required to create your id as non-contributing users with charges as applicable.

Your rights to use the Service

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial (except as expressly permitted) use of the Service and other Content (collectively, “Access“). This Access shall remain in effect unless and until terminated by either party.

Additional Programs and Insights

In addition to the then-current features of the Service, we may from time-to-time add new features with opportunities to access additional information related to the use of content on Indikaari Content Providing services (“Insights“), and to participate in and manage marketing, promotional, merchandising, programming and/or other campaigns for their content through the Service (“Programs“). Opportunities for Insights and Programs for your User Content will be presented to you along with the corresponding terms and conditions for the particular opportunity.

Export control and sanctions

Your content may be made unavailable in areas where such a content is not permissible

Content and Intellectual Property Rights

User Content

The content you post on the service

Indikaari Content Providing services users, may, at no cost to Mundeir Mediatech Private Limited, post, upload, or otherwise contribute content to the Service (“User Content“). For the avoidance of doubt, “User Content” includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Service. Mundeir Mediatech Private Limited., and/or any third party appointed by Mundeir Mediatech Private Limited, may in its sole discretion decide to use all, or parts of, the metadata provided, as well as propose supplement and/or replace such metadata.

You are solely responsible for all User Content that you post.

You promise that, with respect to any User Content you post to the Service, (1) you own or have the right to post such User Content, including all rights and authorizations relating to any sound recordings and musical works included in the User Content, necessary to grant Mundeir Mediatech Private Limited. the license described in these Terms; (2) such User content, or its use by Mundeir Mediatech Private Limited. pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User content by Mundeir Mediatech Private Limited. or any artist, band, label, or other individual or entity, without the prior express written consent from Mundeir Mediatech Private Limited or such individual or entity; and (3) you have and shall have acquired, retained and properly administered any third-party rights, licenses, authorizations, consents, permissions and approvals relating to the User Content you post to the Service, including but not limited to any music content, and relating to the exercise by Mundeir Mediatech Private Limited of its rights under these Terms, and that all rights, licences, consents, waivers, clearances, or approvals necessary required in order for Mundeir Mediatech Private Limited to lawfully exercise and enjoy its rights granted under this Agreement (including, without limitation, all necessary music, synchronisation, mechanical transfer and performing rights clearances) have been or will be obtained and paid for and shall be maintained for the duration of these Terms; (4) you shall be solely responsible for complying with the terms and conditions set forth in each of the third-party licenses, authorizations, consents, permissions and approvals referenced above, and you shall be solely responsible for making any and all payments of royalties, fees and any other monies (however characterized) to any and all third parties as and when required under such third-party licenses, authorizations, consents, permissions and approvals;, (5) no royalties, fees or other monies (however characterized) are or will be payable by or on behalf of Mundeir Mediatech Private Limited to or on behalf of any third party in connection with, or arising out of, the User Content you post to the Service, or the exercise by Mundeir Mediatech Pvt. Ltd. of its rights under these Terms; (6) all User Content you submit to the Service is correct, accurate, and does not violate the Mundeir Mediatech Private Limited. User Guidelines and (7) you have and shall comply with all applicable laws, regulations and industry standards when posting User Content to the Service. In posting or sharing User content or other information on the Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others, so please use caution in posting or sharing on the Service, and be mindful of your account settings. Mundeir Mediatech Private Limited is not responsible for what you or others post or share on the Service.

Embedded advertising

Mundeir Mediatech Private Limited acknowledges and accepts that the User Content may contain advertising and/or sponsorship messages which are generally included when the User Content is distributed on any other service subject to your compliance with these Indikaari Content Providing services Terms (“Embedded Advertising“). You acknowledge and accept that User Content may only contain advertising sold to advertisers against your entire network of content providers, including other services. You may not include (a) advertising and/or sponsorship messages targeted against the Service, or (b) advertising sold specifically for distribution on the Service or to specifically target users on the Service, in the User Content. You will ensure that all advertising or sponsorship messages contained in the User Content for distribution on the Service will comply with applicable laws and regulations. Notwithstanding the foregoing, You acknowledge that advertising and/or sponsorship messages containing pornographic content, or for firearms, ammunition, weapons, cigarettes, tobacco or e-cigarettes, or paid advertising for any competitive music or audio streaming services, is not permitted.

Delivering User Content

You may submit your content via email at [email protected] in formats as will be discussed with you after your registration.

Takedowns and monitoring user content

Indikaari Content Providing services shall be under no obligation to include and/or distribute User Content via the Service. Mundeir Mediatech Private Limited may, but has no obligation to, monitor, or review User Content. Mundeir Mediatech Private Limited  reserves the full right to remove or disable access to any User Content from the Service in its sole discretion, including, but not limited to, when User Content violates the Mundeir Mediatech Private. Limited.  User Guidelines. Mundeir Mediatech Private Limited.  may take these actions without notification to you.

Removal or disabling of User Content will result in the deletion of the User Content from the Service but you agree that the User Content may still be temporarily available to offline users who saved the applicable User Content for offline listening on a user’s device.

Licenses that you grant us

User Content

You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Indikaari platform, we do need a limited license from you to that User Content. Accordingly, you hereby grant Mundeir Mediatech Private Limited  a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to: (a) download, digitally transcode, modify, make copies of, create derivative works from (including the right to transcribe, e.g. for the purpose of optimizing search functionalities, improving personalization, simplifying content review and/or displaying on the Indikaari Platform, but not including the development and production of derivative audio or video works or the exploitation of customary ancillary rights, e.g. merchandise, live events, etc.), and otherwise process, the User Content to the extent reasonably necessary to transmit and communicate to the public the User Content and operate the Service; (b) transmit and communicate to the public the User Content on a pre-programmed and on-demand basis to terminal devices of Indikaari users in (i) any industry-standard implementation of the digital media “streaming” format, as that term is commonly understood, in all cases wherein the content of the media file is rendered simultaneously with its transmission; and (ii) the so-called “conditional download” format wherein the transmission of a media file results in a playable copy of the media file being deposited on the storage medium of a terminal device; (c) transmit, communicate to the public and display the User Content for purposes of identifying and promoting the availability of the corresponding User Content on the Service; (d) make and store on Mundeir Mediatech Private Limited’s  servers and terminal devices such copies of User Content as are reasonably necessary to enable Mundeir Mediatech Private Limited to transmit and communicate to the public User Content and communicate to the public and display images as permitted hereunder; and (f) use the User Content for internal research, development and business purposes. For the avoidance of doubt, Mundeir Mediatech Private Limited will determine, at its sole discretion, whether the User Content will be distributed via the Service, and Indikaari shall be entitled to use the User Content in conjunction with all of the tiers, features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Indikaari Platform”) (which includes, but is not limited to, the right to transcribe User Content, e.g. for the purpose of optimizing search functionalities, improving personalization, simplifying content review and/or displaying on the Indikaari Platform). You further grant us the non-exclusive, irrevocable, fully-paid, worldwide right to use your name, likeness, and photograph on the Service and in our marketing communications to advertise, market and promote the availability of your User Content on the Service.

Conditional upon you supplying the relevant information in the User Content’s associated metadata, Mundeir Mediatech Private Limited shall display the following information in connection with each User Content: (a) a standard copyright notice supplied by the user [e.g. “(p) and (c) [Year] [Provider-designated name]. All rights reserved.”] in a readable size; and (b) the title of the User Content as set forth in such metadata.

Aside from the rights specifically granted in these Terms, you retain ownership of all rights, including intellectual property rights, in the User Content that you post, and you have only granted us a license as set forth in these Terms. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content. If such moral rights are not waivable, then you at least agree not to sue us for failure to identify you as the author of any User Content or for any use of your User Content on the Service.

Infringement claims

If you believe that any Content infringes your intellectual property rights or other rights, please see send us an email at [email protected] with the URL of the content in question.

Problems and Disputes

Term and Termination

These Terms will continue to apply to you until terminated by either you or Mundeir Mediatech Private Limited. Mundeir Mediatech Private Limited may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Service at any time if we believe you have breached any of these Terms, if we stop providing the Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or Mundeir Mediatech Private Limited terminate these Terms, or if Mundeir Mediatech Private Limited suspends your access to the Service, you agree that Mundeir Mediatech Private Limited shall have no liability or responsibility to you, and (except as expressly provided in these Terms(Mundeir Mediatech Private Limited will not refund any amounts that you have already paid. You may terminate these Terms at any time via email).

Warranty and Disclaimer

The service is provided “as is” and “as available,” without any warranties of any kind, whether express, implied, or statutory. Further, Mundeir Mediatech Pvt. Ltd. and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Mundeir Mediatech Private Limited nor any owner of content warrants that the Indikaari service or content is free of malware or other harmful components. In addition, Mundeir Mediatech Private Limited makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the service or any hyperlinked website, and Mundeir Mediatech Private Limited is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Mundeir Mediatech Private Limited shall create any warranty on behalf of Mundeir Mediatech Private Limited. While using the service, you may have access to explicit content filtering features, but the use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. This section applies to the fullest extent permitted by applicable law.

Limitation of Liability and Time for Filing a Claim

You agree that Mundeir Mediatech Private Limited has no obligation or liability arising from or related to third-party applications, except as required by law.

Third Party Rights

Podcast Hosting Services

If you host your User Content with a third party podcast hosting service (“Podcast Hosting Service“), you acknowledge that this Agreement is between you and Mundeir Mediatech Private Limited only, not with your Podcast Hosting Service. Your Podcast Hosting Service has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Indemnification

You agree to indemnify and hold Mundeir Mediatech Private Limited harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Mundeir Mediatech Private Limited terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Indikaari Service; and (4) your violation of any law or the rights of a third party.

Governing Law and Jurisdiction

All legal matters are subject to Lucknow bench of the Allahabad High Court.

About These Terms

Under applicable law, you may have certain rights that can’t be limited by a contract. These terms are in no way intended to restrict those rights.

Changes to these Terms

We may make changes to these Terms (including any additional Mundeir Mediatech Private Limited terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Mundeir Mediatech Private Limited these Terms constitute all the terms and conditions agreed upon between you and Mundeir Mediatech Private Limited and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. Please note, however, that other aspects of your use of the Service may be governed by additional agreements.

Severability and Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Mundeir Mediatech Private Limited or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Mundeir Mediatech Private Limited or the applicable third-party beneficiary’s right to do so.

Assignment

Mundeir Mediatech Private Limited may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

Contracting entity:

Mundeir Mediatech Private Limited

CIN: U72900UP2022PTC157645

H.NO-B.01, ROYAL VIEW BIRBAL SAHANI MARG,

LUCKNOW, Uttar Pradesh, India, 226007

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THESE MUNDEIR MEDIATECH PRIVATE LIMITED FOR PODCASTERS TERMS AS OF THE EFFECTIVE DATE. YOU AGREE THAT BY EITHER: (A) CLICKING THAT YOU AGREE TO THESE TERMS AND CONDITIONS BY CLICKING “CONTINUE,” (B) SUBMITTING USER CONTENT TO THE SERVICE.

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