PRIVACY NOTICE

Our Commitment
Viacom18 Media Private Limited (“we”, “us”, “the website”, “Viacom18”) is strongly committed to the data subject’s (“you”, “your”, “subscriber”, “user”) right to privacy and to keeping your information secure. To earn your trust and confidence in our commitment, we are fully disclosing our privacy practices. We encourage you to read our privacy statement to understand what types of personally identifiable information we collect and how we use this information. This statement applies solely to the information collected on viacom18.com

This privacy notice describes the usage of information provided or collected on the sites and applications where this privacy notice is posted. We follow this privacy notice in accordance with applicable law in the regions where we operate.  In some cases, we may provide additional data privacy notices specific to certain services or regions. Those terms are to be read in combination with this policy.

Please keep in mind that when you provide information to us on a third-party site or platform (for example, via our applications like social media login) the information we collect is through those third-party sites linked with our applications and is covered by this privacy notice, and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our sites or applications. Please also keep in observance that our sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.

All capitalized terms that have not been specifically defined herein shall have the same meaning as provided under the Terms of Use.

This Privacy notice should be read in conjunction and together with the Terms of Use applicable to the service (website, application or other service) you are using.

User Consent
By using Viacom18’s service (for example, when you register as an alumni, register for an employment opportunity, enter a contest or promotion, communicate with us, on our sites), you agree to our collection, use and sharing of your personal information as described in this policy. In some cases, particularly if you reside in a country governed by a data protection regulation, we may ask you to provide explicit consent to access our services before proceeding for further operations.

In case of any roaming user profile or if you are a traveller visiting various countries around the world and avail Viacom18’s services, then we will consider the country of registration (where you provide us with your details for the first time) as your primary country and the consents obtained at the time of registration will be valid for your processing of personal information. The privacy terms applicable as per the law of that country at the time of registration will apply to you.

Accessing Website and Viacom18 Services through VPN/ Proxy
You should not access or use the Website Viacom18 by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN/Proxy) to access the Services).

We will not be responsible or liable for any collection, storage or processing of your personal information or data if you use any mechanism or technology to access or use Website or Services which conceals your actual geo-location.

Collection of Personal Information and it’s use
‘Personal Information’ or ‘PII’ is defined as any information that identifies (whether directly or indirectly)  a particular individual or natural person, such as the individual’s name, postal address, email address, and mobile number indicating to that particular person or is identifiable. When anonymous information is directly or indirectly associated with personal information, the resulting information can also be treated as personal information.

Viacom18 does not collect personally identifiable information about you except when you specifically and knowingly provide it. Viacom18 and its service partners use your personally identifiable information to operate the sites and services and to inform you of new features, services, and products from Viacom18 and its affiliates.

I. Information you provide to us
We may ask for and collect the following personal information about you when you use the website and without this information we may not be able to provide you with all the requested services;

a.       Registration Data
To use certain features on the website and for the Services (such as registrations for alumni networks, to obtain employment opportunities, event registrations and website campaigns, surveys, quizzes, polls), you may provide basic contact Information through forms available on the website (“registration”), including but not limited to:

  • First Name
  • Last Name
  • Email Address
  • Phone number
  • City

 

II. Information you provide to us voluntarily
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the website, we may collect and store such information.

We may collect additional information at other times, when you provide feedback(s), modify your email preferences, respond to surveys, or communicate with us. This information may include your name, e-mail id, mobile number, location, etc.

 

III. Information we collect automatically
We collect information about you and your use of our service, your interactions with us and our service partners, as well as information regarding your computer or other devices used to access our service(such as mobile devices, tablets and other viewing devices). This information may include, but is not limited to:

  • Activities on the website such as type of pages viewed, time spent on pages, search queries etc.
  • Advertising identifiers, such as those found on the websites in the form of GAID or Cookie ID on browsers;
  • Information collected via the use of cookies and other technologies* ;

*Note: To improve the responsiveness of the “Website” for our users, we may use “cookies“, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (“User ID“) to understand the user’s individual interests using the identified computer. Unless you voluntarily identify yourself (through registration, for example), we would not know who you are, even if we assign a cookie to your computer. The only personal information which a cookie can hold is the information you supply. A cookie cannot read data from your hard drive. Our advertisers may also assign their own cookies to your browser(s) (if you click on their ads), a process that we do not control. We receive and store certain types of information whenever you interact with us via website(s), through your computer/laptop/notebook/ mobile/tablet/pad/handheld device or any other electronic device capable of connecting to internet. For more details you can refer to our Cookie Policy

 

IV. Inferred Information through usage and log data
We may track certain information about you based upon your behaviour on the website. We use this information for conducting internal research on our users’ demographics, devices, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis.

We may also collect Your Information to track user behaviour and preferences for internal analytics and research. We may also use your information:

  • To evaluate Your interests for the articles published on the website
  • To perform analytics and conduct customer research, to determine your interest, for identifying and analysing traffic patterns.

Purposes and Lawfulness of processing
The website will only collect and process personal information about you where we have lawful basis. Lawful basis on which we would process your personal information includes obtaining explicit consent from you for processing your personal information or processing for “legitimate interests” where processing is necessary by us to provide you with our services.

We use information to provide, analyse, administer, enhance and personalize our service and marketing efforts, to process your registration, and to communicate with you related to the cases mentioned below. For example, we use information to:

  • the main uses of your personal information are to verify your identity; to help provide our services and to administer those services
  • communicate with you concerning our services (for example by email, push notifications text messaging, and online messaging channels), so that we communicate news regarding the website to you, details about the employment opportunities and updates regarding the alumni network
  • determine your requirements and provide personalized suggestions, tips and promotional content for various topics all of which we think will be of interest to you;
  • prevent, detect and investigate potentially prohibited or illegal activities, including fraud;
  • analyze and understand our audience, improve our service (including our user interface experiences);
  • Notify you about changes in terms of service.

We provide personalisation by using data you submit to us in terms of cookies, IP addresses, web beacons or similar technologies in relation to the devices you use. By doing so, we can provide you with contents and/or advertising that we believe is more relevant to your interests. Please provide explicit consent for the same when we collect your data.

You can click on <http://www.youronlinechoices.eu> to modify your choices with respect to capturing of cookies from our website or you can change your browser settings.

You can also raise a request to alter your consent choices at connectwithus@viacom18.com.

Information used by the company
The Information as supplied by the users enables us to improve the Services and provide you the most user-friendly experience

Any personally identifiable information provided by you will not be considered as sensitive if it is freely available and / or accessible in the public domain like any comments, messages, blogs, scribbles available on social platforms like Facebook, twitter etc. Any posted/uploaded/conveyed/communicated by users on the public sections of the website or the Application becomes published content and is not considered personally identifiable information subject to this Privacy notice. In case you choose to decline to submit personally identifiable information, we may not be able to provide certain services to you. In any case, we will not be liable and or responsible for the denial of certain services to you for lack of you providing the necessary personal information. When you register on the website, we contact you from time to time about updating your personal information to provide the users such features that we believe may benefit / interest you.

Disclosure to third parties
a.       General Disclosure
At times the website may make certain personal information available to strategic partners that work with the website to provide service, or that help the website market to users. Personal information will only be shared by the website to provide or improve our service and marketing aspects; it will not be shared with third parties for their marketing purposes.

People we may disclose your personal information will include:

  • Affiliates/subsidiaries or our group companies ;
  • Our Analytics partners
  • Our professional advisers, including our accountants, auditors and lawyers;
  • Other telecommunication and information Services providers;
  • by disclosing individual records such as IP addresses as may be required by law; or
  • Government and regulatory authorities and other organisations, as required or authorised by law. We will ensure that these people only use such information to perform the above functions, and that they have adequate procedures in place to deal with your data securely. Some of these people may be based outside India.
  • In the event Viacom18 Media Private Limited. is merged with or acquired by another company or in case of re-organization or re-structuring of business, we and our affiliates may share your personal information, wholly or in part, with another business entity.

 

b.      Service Providers
We may disclose your information if we use third party processors to administer and process your personal information for the purposes notified in the Privacy notice, e.g. for hosting activities related to the use of our Sites or services. The website may include links to various third-party websites that may collect Your Personal Information. Use of Your information collected by such third-party platform will be governed by the privacy notice in such third-party platform. Such websites or applications are governed by their respective privacy policies, which are beyond our control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy notice of the operator of the application, and you are visiting. That policy may differ from ours. If you can’t find the privacy notice of any of these sites via a link from the application’s homepage, you should contact the application owners directly for more information.

We may share non-personally identifiable information publicly and with our service partners. For example, we share information publicly to show trends about the general use of our services. We also allow specific partners to collect information from your browser or device for marketing/promotions and measurement purposes using their own cookies or similar technologies.

c.       Legal
The website may disclose personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to:

  • we find that your actions on our web sites violate the Terms of Service/Use or any of our usage guidelines for specific products or services;
  • conform to the edicts of the law or comply with legal process served on the site or its owners;
  • protect and defend the rights or property of the site-owners, the site or the users of the website;
  • Act under exigent circumstances to protect the personal safety of users of the website, the site, its owners, or the public.
  • We may need to share details with third parties (such as auditors or legal advisors) to obtain advice. Any such processing will be governed by an agreement in the form required by law, preserving any statutory data protection rights.

 

Your Controls and Choices 
Managing Your Information
When you use the Services from Viacom18 (websites or any of its sub sites), we make good efforts to provide you, as and when requested by you, with access to your personal information and shall further ensure that any personal information or sensitive personal information or information found to be inaccurate or deficient shall be corrected or amended as feasible, subject to any requirement for such personal information or sensitive personal information or information to be retained by law or for legitimate business purposes.

We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

To exercise rights applicable to you as a data subject, you must write to us at connectwithus@viacom18.com and raise a request for the specified right. Kindly ensure you use appropriate subjects to mention the right (e.g. Data Access Request, Data Portability Request, Data Deletion Request) while raising all such requests, this would help us process your requests in a faster and more efficient manner.

We may take 30 days from the date of receipt of request to complete your requests. However, if the nature of the requests are excessive in nature or would require significant effort then may ask for an extension of 60 days by giving a prior notice to you with the reason for the extension.

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your personal information. In accordance with applicable law, your controls and choices may include:

a.       Data Access and Data Portability
The EU – General Data Protection Regulation entitles you, as the data subject, to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible)

b.      Rectification of Inaccurate or Incomplete Information
You can ask us to correct inaccurate or incomplete personal information concerning you (this is the information which you cannot update yourself within your Viacom18 account) by sending us an e-mail.

You can access and update some of your personal information through your account settings. You are responsible for keeping your personal information up-to-date. The website may send you periodic reminders via e-mail to maintain the accuracy of your personal information.

c.       Data Retention and Erasure
We retain your personal information as long as necessary for the legitimate interests specified in this policy and for us to comply with our legal obligations. If you no longer want us to use your information then you can request that we erase your personal information and close your account.

Please note that if your request for the erasure of your personal information;

  • We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety.
  • We may retain and use your personal information to the extent necessary to comply with our legal obligations and reasons of public interests in the area of public health. For example, we may keep some of your information for tax, legal reporting and auditing obligations.
  • Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the website, even after your account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
  • Because we maintain copies of personal information to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
  • For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes

 

d.      Withdrawing Consent and Restriction of Processing
For withdrawing your consent at any time during the tenure of your services with us, you may choose to do so by sending us an e-mail. We shall review your request and may ask you to verify your identity. Post verification we will withdraw the consent for which request was made by you and stop any further processing of your personal information

e.      Objection to Processing
Where your personal information is processed for direct marketing purposes, you may, at any time ask us to cease processing your data for these direct marketing purposes by sending an e-mail to us.

Please be aware that if you do not allow us to collect personal information from you, we may not be able to deliver certain experiences, products, and services to you, and some of our services may not be able to take account of your interests and preferences. If collection of personal information is mandatory, we will make that clear at the point of collection so that you can make an informed decision whether to participate.  If you have questions about the specific personal information about you that we process or retain, and your rights regarding that personal information, please contact our customer support team.

Children’s Privacy
The website is not intentionally designed for or directed at persons less than 16 years of age. Viacom18 Media Private Limited does not knowingly permit any person who is under 16 years of age to register with the services or to provide any other personally identifying information. If Viacom18 Media Private Limited becomes aware that any personally identifiable information of persons less than 16 years of age has been collected on the website without verified parental consent, then Viacom18 Media Private Limited will take the appropriate steps to delete any such information and notify the parent.

However, we consider it the responsibility of parents to monitor their children’s use of our services. Nevertheless, it is our policy not to collect and process any personal information from children below 16 years of age or offer to send any promotional materials to persons in that category. Viacom18 Media Private Limited does not seek or intend to seek or receive any personal information from children. Should a parent or guardian have reasons to believe that a minor has provided Viacom18 Media Private Limited with personal information without their prior consent, please contact our customer support team to ensure that the personal information is removed from the website.

Data transfer, storage & processing globally 
We operate globally and may transfer your personal information to individual companies of the Viacom18 Media Private Limited affiliated companies or third parties in locations around the world for the purposes described in this privacy notice. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information. Additionally, when using or disclosing personal information transferred from the European Union, we use standard contractual clauses approved by the European Commission, adopt other means under European Union law for ensuring adequate safeguards.

Security and compliance with laws
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we may use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your account credentials have been lost, stolen, altered, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please contact us by contacting our customer support team.

Change in Policy
This Privacy notice is subject to change from time to time. We reserve the right, at our sole discretion, to modify the terms of this Privacy notice from time to time in order to ensure compliance with applicable laws (“Updated Terms”). The Updated Terms shall be effective immediately and shall supersede the terms of this Privacy notice. We will notify you of any changes to this privacy notice if the changes made to the policy significantly affects your rights or as may be required by law. You shall be solely responsible for reviewing the Privacy notice from time to time for any modifications. By continuing to use the website after the updated Terms have been published, you affirm your agreement to the updated terms.

Contact information

a.       Support
If you require any information or clarification regarding the use of your personal information or this privacy notice or grievances with respect to use of your personal information, please email us at connectwithus@viacom18.com.

b.      Data Controller Officer
The data controller for the website is Viacom18 Media Private Limited with the business address of: Viacom18 Media Pvt Ltd.
Zion Bizworld, Subhash Road – ‘A’,
Next to Garware Institute,
Vile Parle (East),
Mumbai, Maharashtra 400057

The data protection officer (DPO) appointed by Viacom18 Media Private Limited Is Ms. Ruby Singh is who can be contacted at DPO@viacom18.com.

c.       Complaints
You can write to our data protection officer in case of any grievance or compliant. You have the right to complaint about the data processing activities carried out by the website before the competent data protection authorities.

If you have any queries, complaints regarding the collecting, processing, transfer of personal data/information or regarding this policy please do contact our Data Protection Officer.

SPECIAL NOTE ABOUT GOOGLE ADVERTISING
Any advertisements served by Google, Inc., and affiliated companies may be controlled using cookies. These cookies allow Google to display ads based on your visits to this site and other sites that use Google advertising services. Learn how to opt out of Google’s cookie usage. As mentioned above, any tracking done by Google through cookies and other mechanisms is subject to Google’s own privacy policies.

ABOUT GOOGLE ADVERTISING:
What is the DoubleClick DART cookie? The DoubleClick DART cookie is used by Google in the ads served on publisher websites displaying AdSense for content ads. When users visit an AdSense publisher’s website and either view or click on an ad, a cookie may be dropped on that end user’s browser. The data gathered from these cookies will be used to help AdSense publishers better serve and manage the ads on their site(s) and across the web. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

TERMS OF SERVICE

This user agreement (“User Agreement”) is an electronic record in terms of Information Technology Act, 2000 as amended from time to time (“Act”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Act. This user agreement is generated by a computer system and does not require any physical or digital signatures.

This user agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access and/or usage of this website/service (“Website/Service”).

In these User Agreement, the following terms shall have the meaning as ascribed to them below:

“User” refers to you, the person visiting, accessing and/or using the Website by means of any communication device.

“Viacom18” refers to Viacom 18 Media Private Limited, a company incorporated under the Indian Companies Act, 1956, having Corporate Identity No. U92100MH1995PTC095508 and having its registered office address at Zion Biz World, Subhash Road ‘A’, Vile Parle East, Mumbai 400057, India, which is the owner of all rights in this Website.

All references to “You” and “Your” shall mean the User. All references to “Viacom18”, “Company”, “We”, “Us” and “Our” shall mean Viacom18.

This is a legal and binding agreement between You i.e. the User of the Website and the Company and states the terms that govern Your use of the Website. By accessing this Website, You consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to these User Agreement, You should not access or use the Website and any use thereafter shall be unauthorized.

By accessing and/or using the Website, You signify Your agreement to accept these binding User Agreement herein. This document constitutes a legally binding user agreement between the Company and You. IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING USER AGREEMENT (INCLUDING THE PRIVACY POLICY), PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.

We reserve the right, at Our sole discretion, to change, modify or otherwise alter these User Agreement at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Website herein.

Please review the User Agreement from time-­‐to-­‐time. Your continued use of the Website following the posting of changes and/or modifications shall constitute Your acceptance of any revised Terms of Use. The Company retains the right at any time to deny or suspend access to all or part of the Website to anyone who the Company believes has violated any of these User Agreement.

1. ACCESS TO THE WEBSITE

1.1. This Website is offered and made available only to Users above the age of 18 years (or above 21 years where a guardian is appointed as per the Majority Act of 1875) (“Age of Majority”).You represent and warrant that you are an adult, and that you will be responsible for ensuring that any child/children authorized by you to use and access the Services does/do so in accordance with these User Agreement (including other policies as referred in the User Agreement/Service.

1.2. If You are under the Age of Majority and continue accessing the Website, the Company will assume that You have been authorized by Your parent/legal guardian and they will be responsible for ensuring that such use and access of the Website by You must be in accordance with these User Agreement and the Privacy Policy. Your parent/legal guardian understands and agrees to the aforesaid terms on Your behalf. If You are under the Age of Majority at the time of accessing and/or using the Website, Your access and usage of the Website shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance at all times. You and Your parents/legal guardians confirm that the Website is offered to You for Your enjoyment and these User Agreement shall constitute a legally binding user agreement between the Company and Your parents/guardians who are contracting on behalf of You. Where Users are below the Age of Majority, all references to “User”, “You” and “Your” shall mean and include You and Your parents/ legal guardians acting for and on Your behalf for Your benefit.

1.3. Some content offered on the Website may not be suitable for some Users and therefore viewer discretion/parental discretion is advised. Also, some content offered on the Website may not be appropriate for viewership by persons below the Age of Majority. If You are under the Age of Majority, You may view the content only with prior consent of Your parents/legal guardians. Parents/legal guardians are advised to exercise discretion before allowing their children and/or wards to access this Website and/or any Material (as defined later). Your access to and use of the Website is subject to these User Agreement, Privacy Policy and all applicable laws, rules, and regulations in India.

1.4. The Company grants You a personal, revocable, non-­‐exclusive, non-­‐transferable right to access and use the Website, for non-­‐commercial use only and private viewing only, in accordance with these User Agreement. These User Agreement, govern Your access of the Website and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, micro film, video, information, content, etc. that You host, publish, share, transact, display and/or upload.

1.5. Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject to the Company’s sole discretion. The Company may at its sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access of the Website shall be in compliance with all applicable laws (as amended from time-­‐to-­‐time). You understand that Your access of the Website and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Website and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.

2. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The following terms shall have the meaning as ascribed to them below:

2.1. “Intellectual Property Rights” shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Company whether registered or unregistered and all renewals and extensions.

2.2. All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio-­‐visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, and all other elements, data, information and materials (“Materials”) are the property of the Company and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the world. The Company retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.

2.3. The Website including any Materials thereon shall be deemed to be non-­‐exclusively licensed to You by Us only for Your non-­‐commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial, rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.

2.4. You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-­‐edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-­‐license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.

3. USER MATERIAL

3.1. The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-­‐visuals, User’s opinion, recommendation, advice, view, etc. (“User Material”). The User Material does not reflect the views of the Company. In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Website.

3.2. By submitting a User Material, You grant the Company a perpetual, worldwide, royalty-­‐free, irrevocable, non-­‐exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from the Company.

3.3. The Company will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that the Company may its sole discretion determine, at any time. Although the Company may endeavour to periodically monitor the User Material posted on the Website, the Company will not be responsible for the same.

3.4. In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company.

3.5. By posting User Material on the Website, You undertake, represent and warrant to the Company that: (a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law.

3.6. You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;

(e) violates any applicable national or international laws, regulations, rules and/or guidelines;

(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonates another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(i) threatens the unity, national interest ,integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation/country;

(j) is offensive or has menacing character;

(k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;

(l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.

3.7. You further undertaker that You shall not use the Website to:

(a) violate the privacy right or personal right or confidential information of any person;

(b) commit an act which could be construed as an act of cyber terrorism;

(c) collect, store and/or identify private/personal information of any user or person;

(d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;

(e) stalk or otherwise harass another person or user;

(f) upload, post or e-­‐mail any content that You do not have a right to transmit under any law or under contract;

(g) upload, post or e-­‐mail any content that infringes privacy rights, intellectual property rights or other third-­‐party rights of any person or party;

(h) upload, post or e-­‐mail any unsolicited or unauthorized advertising, promotional materials, junk-­‐ mail, spam, chain-­‐letters or any other form of solicitation;

(i) upload, post or e-­‐mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website;

(j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including the Company’s servers, networks or accounts;
(k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;

(l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website;

(m) delete or revise any information provided by or pertaining to any other user of the Website;

(n) promote and/or generate revenue for Yourself and/or any third-­‐party business activity;

(o) carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations;

(p) post unauthorized commercial communications and including advertisements; and/or

(q) manipulate or morph or alter or exploit any other User’s User Material.

3.8. You hereby confirm that the Company has the right to determine whether any content, data or information published by You on the Website is appropriate and complies with these User Agreement, and accordingly remove any and/or all of Your User Material, and terminate Your access without prior notice. This shall be without prejudice to any other rights and remedies that the Company has under law and/or in equity and/or under this agreement.

3.9. If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-­‐use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You.

3.10. You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.

4. CONTESTS AND PROMOTIONS

Any and all contests, promotions and campaigns hosted or conducted on the Website are subject to separate contest terms and conditions (“Contest T&Cs”) and You are requested to read the Contest T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest T&Cs. User Agreement are deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity.

5. DISCLAIMER AND LIMITATION OF LIABILITY

BY ACCESSING AND/OR USING THE WEBSITE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL.

THE WEBSITE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL

PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-­‐ CONTRACTORS, CONSULTANTS AND THIRD-­‐PARTY PROVIDERS:

(a) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, NON-­‐INFRINGEMENT, COMPATIBILITY AND/OR SECURITY;

(b) ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE AND DO NOT WARRANT THAT THE WEBSITE, THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE OR ANY CONNECTED WEBSITES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;

(c) ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON; AND

(d) DO NOT WARRANT THAT THE WEBSITE, OR ANY CONNECTED WEBSITE, LINKED MICROSITES, ANY MATERIALS, THIRD-­‐PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE.

(i) EVERY EFFORT IS MADE TO KEEP THE WEBSITE RUNNING SMOOTHLY. HOWEVER, THE COMPANY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING UNAVAILABLE DUE TO ANY REASONS.

(ii) THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE WEBSITE OR ANY CONNECTED WEBSITE RESTS SOLELY WITH YOU.

(iii) THE WEBSITE MAY CONTAIN LINKS TO OTHER THIRD-­‐PARTY WEBSITES WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY. ANY WEBSITE YOU VISIT BY A LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE WEBSITE. THE CONTENT OF, INCLUDING MATERIALS AND INFORMATION CONTAINED ON, ANY THIRD PARTY WEBSITE TO WHICH YOU LINK FROM THE WEBSITE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD PARTY WEBSITE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD PARTY LISTED IN THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD-­‐ PARTY CONTENT THAT MAY BE ACCESSED VIA THE WEBSITE, NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD PARTY WEBSITES, AND HEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR SUCH CONTENT. THE INCLUSION OF ANY LINKS DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD-­‐PARTY, OF THE QUALITY OF ANY PRODUCT OR SERVICE, ADVICE, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD PARTY WEBSITE.

(iv) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-­‐CONTRACTORS, CONSULTANTS AND THIRD-­‐PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE AND/OR CLAIMS OF ANY KIND (WHETHER IN CONTRACT, TORT OR BREACH OF STATUTORY DUTY OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE
AND/OR MATERIALS AND/OR USER MATERIAL AND/OR ANY CONNECTED THIRD PARTY WEBSITE INCLUDING WITHOUT LIMITATION:

(a) INDIRECT OR CONSEQUENTIAL LOSS;
(b) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS;
(c) INCIDENTAL, DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES;
(d) LOSS OF OR DAMAGE TO DATA;
(e) LOSS OF BUSINESS, REPUTATION OR GOODWILL; AND/OR
(f) WASTED OR LOST MANAGEMENT TIME;
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

(v) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES’ LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

(vi) IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE WEBSITE.

6. INDEMNITY

YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-­‐ CONTRACTORS, CONSULTANTS AND THIRD-­‐PARTY PROVIDERS FROM AND AGAINST ALL LOSSES, CLAIMS AND DAMAGES INCLUDING LEGAL FEES, RESULTING FROM: (I) YOUR VIOLATION OF ANY TERM OF THESE USER AGREEMENT; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY PUBLICITY, PRIVACY, OR INTELLECTUAL PROPERTY RIGHT; (IV) YOUR BREACH OF ANY APPLICABLE LAWS; (IV) ANY UNAUTHORIZED, IMPROPER, ILLEGAL OR WRONGFUL USE OF YOUR ACCOUNT BY ANY PERSON, INCLUDING A THIRD PARTY, WHETHER OR NOT AUTHORIZED OR PERMITTED BY YOU; AND (V) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR UNDERTAKING UNDER THESE USER AGREEMENT OR UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE EXPIRY OR TERMINATION OF THESE USER AGREEMENT AND YOUR USE OF THE WEBSITE.

7. THIRD PARTY WEBSITES

7.1. This Website may contain links to other websites owned and operated by third parties who are not related to the Company (“Third-­‐Party Websites”). Third-­‐Party Websites are not under the control of the Company and the Company shall not be responsible for the content of any Third-­‐Party Websites or any hyperlink contained in a Third-­‐Party Websites and makes no representation or warranty with respect to the content of any such Third-­‐Party Websites.

7.2. Your access and usage of any Third-­‐Party Websites is entirely at Your own risk. The Company shall not be a party to any transaction between You and a Third-­‐Party Website. Your use of a Third-­‐Party Website is subject to the terms and conditions of that Third-­‐Party Websites in addition to these User Agreement. If there is any inconsistency these User Agreement prevail.

7.3. The Website may contain third party advertisements, promotions, etc. (that may or may not contain embedded hyperlinks or referral buttons to Third-­‐Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser, its products or services or any such Third-­‐Party Website. You must refer directly to the relevant advertiser for all information regarding the advertiser and its products and/or services. The Company accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.

8. NOTICE & TAKE DOWN PROCESS

8.1. The Company does not endorse or promote any data, information, content or material published on the Website including User Material, and expressly disclaims any and all liability in connection with the same.

8.2. If it is found that the Website contains any data, information, content or material that could be in violation of Clause 3.6 and/or in violation of Clause 3.7 above and/or in violation of any applicable provision of the Act or rules thereunder, the same may be notified to Grievance officer of the Company Mr. Sajesh Sreejayan at grievanceofficer@viacom18.com. By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act, Information Technology (Intermediaries Guidelines) Rules, 2011, etc. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.

8.3. The Company shall take-­‐down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) would be committed if the said data, information, content or material is not deleted from the Website.

8.4. The Company further reserves the right (without the obligation of doing so) to take-­‐down any data, information, content or material, without notice to User and without any liability either to the Company or its directors, key managerial personnel, officers, employees, that the Company in its sole discretion determines to be in violation of Clause 3.6 and/or in violation of Clause 3.7 above and/or in violation of any applicable provision of the Act or rules thereunder.

9. SUPPORT

If You have any questions, queries or complaints with respect to the Website, then such correspondence should be directed to connectwithus@viacom18.com or alternatively You can write to us on the below address:

Viacom 18 Media Private Limited, Zion Bizworld, Subhash Road-­‐A,
Vile Parle (East), Mumbai 400057, India

10. TERMINATION

10.1. The Company reserves the right to terminate Your access to all or part of the Website, at its sole discretion, without notice and without liability either to the Company or its directors, key managerial personnel, officers, employees, either for convenience or for any reason, including in the event of suspected or actual breach by You of any of these User Agreement, the Privacy Policy, violation of any law including the Act and/or rules thereunder or any other regulation, or for any other reason that the Company deems fit.

11. MISCELLANEOUS

11.1. In accordance with the Information Technology (Reasonable Security Practices & Procedures and Sensitive Personal data or information ) Rules, 2011 (“Rules”) framed under the Information Technology Act, 2000 any complaints/grievance relating to processing of information should be referred to Grievance officer of the company Mr. Sajesh Sreejayan by sending an email notification at grievanceofficer@viacom18.com.

11.2. These User Agreement contain the entire understanding between You and the Company and supersedes all prior understanding between the User and the Company in respect of the User’s access and/or use of the Website.

11.3. If any provision of these User Agreement is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

11.4. You confirm that Your representations, warranties, undertakings and covenants, and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these User Agreement.

11.5. Any express waiver or failure to exercise promptly any right under these User Agreement will not create a continuing waiver or any expectation of non–enforcement.

11.6. You agree that the Company shall be under no liability whatsoever to You in the event of non-­‐ availability of the Website or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Website maintenance, server maintenance, or any other cause whatsoever beyond the control of the Company.

11.7. Unless otherwise specified, the Website is presented solely for the purpose of entertainment and promoting programs. The Company makes no representation that the Website is appropriate or available for use in locations other than India. Those who choose to access the Website from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

11.8. The Privacy Policy (as provided on the Website), and any other documents, instructions, etc. included on the Website shall be read into this and shall be a part of these User Agreement. The Privacy Policy shall form an integral part of the User Agreement and both these documents constitute the user agreement and a legally binding contract between the Company and the User.

11.9. These User Agreement shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Mumbai, without giving effect to any principles of conflicts of law.

11.10. The rule of contractual construction known as the ‘Contra Proferentum’ rule shall not apply to these User Agreement.