TERMS OF SERVICE
The domain name www.shootwords.com (hereinafter referred to as “Website”) and/or the mobile application called “Shootwords” (“App”). The Website and App are collectively (hereinafter referred to as the “Platform”) are owned by Shootwords Technologies Private Limited incorporated under Companies Act, 2013 (Hereinafter referred to as “Company”) having its Registered Office at#677, 1st Floor, 13th Cross, Sector-1, HSR Layout, Bangalore, Karnataka, India-560102.
Website and its mobile application are social bookmarking platforms where users can share and discuss the topics in their voice or text. Users can also search, like, dislike topics of discussion and follow other users and their posts.
The use of this platform by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past landing page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company.
The membership of this platform is available only to those above the age of 18 barring those “Incompetent to Contract” which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the platform, you may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of You being a minor and using the membership of the platform.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the company has reasonable reasons to believe you have done so, We hold the rights to permanently suspend your account.
The membership of this platform is free of cost and this includes the browsing of the platform and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the platform.
Other than when provided for, the use of such content and it is reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other media for publication or distribution or any commercial enterprise, without Our express prior written consent is not allowed.
You are a restricted user of this platform.
6.1You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the platform. With our prior permission limited use may be allowed for the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
6.2 You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. You acknowledge and agree that by accessing or using the Platform or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising concerning such offensive content on the Platform. Further, You may report such offensive content.
6.3 In places where this platform allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THATYOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The platform hosts information provided by a third party. We are in now responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but, You agree to not us liable for the falsification of any such provided information.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
MediationIn case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case, both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties however, the parties in good faith will attempt to bind by the decision.
Arbitration:In the case that mediation does not yield a result suitable or preferred by anyone of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of Karnataka.The mode of appointment of the arbitrators is as provided above.
On the failure of the aforementioned dispute mechanism, the dispute shall be handled by courts in Bangalore. in the state of Karnataka,India.
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.