Terms Of Service
“the social comment”.com, hereinafter referred to as “the social comment”, “Platform”, “We”, “Our”, and “Us” is a social media website which enables its users to connect with another userin the world additionally blogging space on our interface and it may be subject to certain fees and charges. This agreement is between “the social comment” and its users. The terms “You” and “Your” has been used to represent our users of our Platform who avails our services.
The use of this Platform constitutes your acceptance to this agreement and your consent and agreement to abide by the latest version of these Terms. We may at any time revise these Terms. You agree to be bound by all subsequent revisions and agree to review the Terms at regular intervals for changes made to these Terms. The most up to date version of the Terms will always be available for your review under the Terms of Service link that appears at the bottom of the Platform. Please read this Agreement completely before using the Platform.
“the social comment” is a social media/blogging website which enables its users to connect with another user in the world also enables its users to share their Blog Post, Photo Post, Artistic Work Post etc. with the world. “the social comment” acts as a link between the readers and writers, and the users. We do not endorse the views expresses by the bloggers or the users.
Changes To “the social comment”:
Registration/Creation of Account:
- 6.1 You must not use your account in connection with the impersonation of any person.
- 6.2 You must keep your password confidential at all point in time.
- 6.3 You must notify us immediately if you become aware of any disclosure of your password.
- 6.4 You are responsible for any activity on the Platform arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure.
7.1 We allow you to post and upload contents (images, videos, texts, links, images, audios, tables, graphs etc) on the Platform. You may also provide your contents through email or other mode of communication. By using the Platform, you agree to not to post, host or transmit a content that is illegal, prohibited or otherwise against the moral standing or principles; infringes upon any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); defamatory, libelous, unlawfully threatening or unlawfully harassing; obscene or contain child pornography. As a user, we expect you to be nice while discussing the issues with your client.
7.2 You shall compensate and indemnify, defend and hold harmless the “the social comment”, its directors, owners, employees, partner, associates, and agents from and against any and all losses, liabilities, damages, deficiencies, demands, claims, actions, judgments or causes of action, assessments, interest, penalties and other costs or expenses (including, without limitation, reasonable attorneys’ fees and expenses) based upon, arising out of, or in relation to or otherwise in respect of any objectionable content (including but not limited to pictures or videos), of any nature whatsoever, provided by you.
7.3 You agree and accept that all the conversation held in between two or more than two users in which any offensive or abusive language is utilized then the directors, owners, employees, partner, associates, and agents or any person associated with “the social comment” shall not be held liable in any case, However, the user initiated or used such words shall be liable and punishable for the offense provided in the relevant Indian Statute. All the blogs and other content posted on “the social comment” by you or otherwise made available for viewing on public areas of “the social comment” will be treated as non-confidential and non-proprietary to you. You grant the “the social comment” the irrevocable right to amend, alter, change or modify the same without your approval for any purpose whatsoever.
7.4 As a user, you agree that you shall not disclose any information you receive from other users in any form or format, on any platform or medium.
7.5 You agree that you will not delete or revise any material posted by any other user or use any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Platform or send messages or engage in disruptive or damaging activities online, or gain or attempt to gain unauthorized access to non-public areas of the Platform.
7.6 You are entirely responsible and liable for any content you post or any message image sent through your Account. While the Platform may or may not pre-screen, monitor or approve any content, it shall have the right, but not the obligation to remove, move, refuse, edit or delete any content for any reason whatsoever.
7.7 As a condition to use “the social comment”, you warrant that you will not use it for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited under these Terms including both specific and implied. In addition, the Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Platform. You shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through “the social comment” or Use our Platform or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You further agree that you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform or Services without our express written consent. Neither shall you access or otherwise interact with our Platform or Services using any robot, spider or other automated means nor use data collected from our Platform or Services. These provisions are applicable to your messages, blogs or any other content.
Right To Regulate:
You acknowledge and agree that “the social comment” has the right to regulate and control the activities on the Platform. We shall have the right to monitor the Services being availed by you. “the social comment” may set a code of conduct or set of standards which shall be applicable to all the Users.
Fee and referral:
We may charge a non-refundable fee or Rs. 5000/- is payable to “the social comment” for availing our services. Once the payment is done, the User shall be able to post their Blog Post, Video Post, Artistic Work Post etc. on Platform/Portal. Until then the User’s profile shall not be fully accessible. Upon payment, the User shall be able to use Platform/Portal. Furthermore, after the payment, the user shall also receive a basic blogging tutorial guide. A user helping other users join the platform shall avail the benefits of discounts and reversals. Such discounts or reversals shall be credited in your “the social comment” wallet which can be withdrawn once it reaches the mark of Rs. 1000. We reserve the right to change the discount and referral rates at our sole discretion.
We make no guarantee or express any assurance that the services of the registered users on the Platform. If you are interacting with any user, this Platform shall only act as a link between the two or more than two users; and all contractual terms are agreed between the users only. “the social comment” does not play any role apart from making available this Platform. We do not endorse any kind of services posted on the Platform neither do we assume any responsibility for the activity offered by such user. We do not verify their credentials of the users as well. Therefore, you are requested to use your best knowledge before interacting with any user as in no case shall “the social comment” be held liable for any outcomes you may have from the consultations received. If you are a user, please be advised that we have the right but not the obligation to verify your credentials or the documents you upload on the website. “the social comment” acts only as a link between the readers and writers, and itsusers.
About Cookies: A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.
- to provide “the social comment” for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;
- to understand which of our FAQs are most popular and to show you relevant content related to our Services;
- to remember your choices, such as your language preferences, and otherwise to customize our Services for you; and
- to rank the FAQs on our website based on popularity, understand mobile versus desktop users of our web-based Services, or understand popularity and effectiveness of certain of our web pages
License to host and publish your content:
In these Terms, “your content” means all works and materials (including but not limited to text, images, documents, comments, graphics, URLs, audio material, video material, audio-visual material and files) that you submit to us on the Platform for publication. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
- 14.1 Reproduce, store and publish your content on our platform any successor platforms or services;
- 14.2 Publish your content on and in relation to our Platform and Services.
- 14.3 You may edit your content to the extent permitted using the editing functionality made available by us.
No Infringement of Intellectual Property Rights/Copyrights:
You warrant and represent that your content will not infringe any intellectual property right, copyright, moral rights, trade mark rights, patents, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Platform or Services. “the social comment” will not be responsible for any infringement of intellectual property done by any user.
Reporting IPR Infringement:
We reserve the right to remove any IPR infringing content that may be brought to our notice. If you believe there is an infringing material on the Platform, please contact us via the contact form on the Platform at firstname.lastname@example.org with the following information:
- The name and address of the complainant.
- A description of the infringing materials, its print screen, and the URL.
Sufficient information to identify the copyrighted works.
- A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
- A statement of the accuracy of the notice and, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
- Limited Use of the Platform:
Copying or reproducing the Platform, the contents, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree to not to reproduce, duplicate or copy Content from the Platform, and agree to abide by any and all copyright notices and other notices displayed on the Platform. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Platform. Without limiting the foregoing, you agree to not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
We may use your content:
You agree that we may use your posted/uploaded content, including but not limited to text, video, audio, images, code and documents, reviews and other comments in any way, including in future modifications of the Platform or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to “the social comment”.
Warranties And Disclaimers:
This Platform is provided to you on “As Is” and “As Available” basis. We make no express warranties or guarantees about this Platform. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the platform is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that this platform or its content will meet your requirements, is error-free, reliable, or will operate without interruption. You agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of messages, chats , blogs or your contents or the due to the use of this platform.
We do not accept responsibility for any loss or damages, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Platform, or any linked websites or platform or any transaction that occurs as a result of the use of the Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the Platform of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited to the maximum limit permitted by law.
You are requested to take your own precautions to ensure that the process which you employ for accessing this Platform does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this Platform or any linked websites or platforms.
We do not warrant the accuracy, adequacy or completeness of any information posted by the users. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Platform.
Responsibility for the content of advertisements appearing on this Platform (including hyperlinks) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We are not responsible for any loss whatsoever that a user may suffer including but not limited to economic loss in the event a transaction is not processed due to any case whatsoever, including but not limited to, technical difficulties affecting our system or a scheduled maintenance of “the social comment”.
We are not responsible for any loss whatsoever a user may suffer including, but not limited to, economic loss, for reliance on guidelines or comments from our help center or “the social comment” staff.
By using the Platform, you agree that we shall have no obligation to or liability for the deletion, corruption or failure to store any content uploaded or transmitted on or through the Platform. You further understand and agree that our functionalities and the services may change at any time without any prior notice to you.
Limitations of Liability:
In no event shall “the social comment”, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of your use of the Platform and the Services, including without limitation whether the damages arise from use or misuse of the Platform and Services, from inability to use the Platform and Services, or the interruption, suspension, modification, alteration, or termination of the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that we shall not be liable for your contents for being defamatory, illegal offensive, or an illegal conduct of any other User or third party and that the risk of harm or damage from the foregoing rests entirely with you.
We shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond our control.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of the agreement, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of “the social comment” arising under any circumstances, in respect of any Services availed, shall be limited up to a fee charged from you.
Your Representations And Warranties:
You represent and warrant to us that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
Unless, You must be at least 16 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement.
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
All information you supply to us in connection with your use of our Services is true and complete in all material respects and will be kept up to date if it changes.
You agree to indemnify and hold harmless “the social comment” and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Platform, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by us in the defense of any claims.
Sale or Transfer of the Platform
You acknowledge that “the social comment” as the provider of the Platform and Services may elect to transfer, sale the Platform and/or subcontract the management rights or any part or all of the provision of the Platform or Services to a third party, without notice being sent to you. We are not obliged to notify you of cancellation. If we do notify you we are not obliged to state any reason for your cancellation.
Suspension of accounts:
Either you or we may terminate this Agreement with or without cause at any time to be effective immediately. Without prejudice to the other remedies available to “the social comment” under this Agreement, or under applicable law, we may limit your activity, either temporarily or indefinitely, suspend or terminate your registration, and/or refuse to provide the you with access to the Platform if:
- You are in breach of this Agreement and/or the documents it incorporates by reference;
We are unable to verify or authenticate any information provided by you;
- 2.1 We believe that your actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for other Users and/or “the socialcomment”.
- Nonetheless, if a User breaches the Terms or the documents the Agreement incorporates by reference, “the social comment” shall have the right to recover all dues from such user.
The User agrees that we may under certain circumstances and without prior notice, immediately terminate your registration and access to the Platform. Causes for termination may include, but shall not be limited to, breach of the Terms, requests by enforcement or government agencies, non-payment of fees to “the social comment”.
- If you are not following content guidelines.
We make no representation that content on this Platform is appropriate or available for use in locations outside the India. If you choose to access this Platform from a location outside the India, you do so on your own initiative and you are responsible for compliance with local laws.
Right to enquire:
“the social comment” has the right, but not the obligation, to inquire into complaints of any violations of these terms or other policy by a User. You acknowledge and agree “the social comment” may arbitrate and act at its sole discretion to investigate and settle violations of its policies. Violations may result in termination of your account and/or immediate adjustment to the transactions involved.
Relationship of Parties:
Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.
If we fail to exercise or enforce any right or provision of these Terms it shall not constitute to a waiver of such right or provision. We reserve the right to exercise our right at any time, as the case may be.
Compliance with Laws:
In using our services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose. If you are a user, you represent that you comply with the applicable rules and regulations.
You authorize us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
Deleting your account:
When you delete your account, we may still contain some information provided by you which you can use to reinstate your account back to its original position.
The headings and subheadings do not describe, interpret, define or limit the scope, extent or intent of these terms and conditions in any manner whatsoever. The pronouns used in this user agreement shall represent both the female and male. Further, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this document as a whole.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Rajasthan, India and the users hereby accede to and accept the jurisdiction of such courts.