Terms and Conditions

2. Any reference to the singular includes a reference to the plural and vice versa, and any reference to one gender includes a reference to other gender(s), unless explicitly provided for.

3. Headings and captions are used for convenience only and not for interpretation of theAgreement.

4. Any capitalised term not defined in this Privacy Policy shall have the same meaning asprovided in the Terms.

3. You understand that We want You to use the Platforms if You understand, approve of or accept the Agreement in its entirety. If You do not agree to this Agreement, please do not use or access the Platforms. Your use of the Platform is at Your own risk, including the risk that You might be exposed to content that is objectionable, or otherwise inappropriate. Hence,You are requested to read these Terms and Privacy Policy carefully and understand the Agreement before You accept it and agree to be bound by them.

4. You represent that you are a responsible adult (18 years or above) and you shall be solelyresponsible for all content that You upload post or otherwise transmit through the Platforms. While individuals under the age of 18 years may access and use the Service of the Platforms,they shall do so only with the involvement and guidance of their parents and / or legal guardians, under such parent /legal guardian’s Account. You agree to register prior to uploading any content and / or comment and any other use or services of the Platforms and provide Your details including but not limited to complete name, age, email address, residential address, and contact number.

5. As long as you comply with this Privacy Policy, We grant You a personal, non-exclusive, non-transferable, limited, revocable right to enter, use, register and avail the Services offered by Tidings Media.

1. The Platform is designed to provide You with an online platform to local Bengali news from all the several districts of West Bengal, live cricket scores, movie reviews, etc.(“Services”).

2. Once You have signed up as a User, You will be required to complete the onboarding process on our Platform by providing the specified documents, in accordance with Our Privacy Policy. Upon successful verification of the documents provided by You, the onboarding process shall be deemed to be completed. Post completion of the onboarding process, You can access the features of the Platform as per these Terms. If there is any delay in completion of the onboarding process or verification of the documents, you may contact Our customer support service at [email protected]

3. In order to access the Platform, You have to register as a User and create an (“Account”) by providing prescribed information which will be governed by our Privacy Policy. You must promptly update Your information through Your Account if there are any changes to Your registered information. You shall bear the sole responsibility to make such changes.

4. Being a registered User, You shall be entitled to (i) push notifications; (ii) newsletters; and (iii) any other content which Tidings Media determines shall be part of the benefits of being a registered User from time to time.

5. You agree to accept responsibility for all activities that occur in or from Your Account and agree to establish reasonable security procedures and controls to limit access to the password or other identifying information of Your Account to unauthorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of Your information. Your credentials include Your username and password to Your Account.

6. If the Company reasonably believes that an Account and password is being misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all Users from that IP address.

7. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or Account.

8. You will be permitted to login via limited number of devices. In the event, You try to exceed number of devices permitted, You will receive a notification requesting You to logout from one or more active devices.

9. We reserve the right to introduce at any time a subscription fee for Users who wish to access special facilities and exclusive discounts. This subscription will be optional, and Users who choose to subscribe will receive additional benefits as outlined by Us from time to time. The terms and conditions, pricing of the subscription service and additional benefits will be communicated to the Users in advance and may be subject to change at Our discretion. Furthermore, we reserve the right to condition the access to Our Platforms on the payment of a subscription fee. [AQUILAW Comment: To be retained if the general payment under para F is deleted.]

1. You will download and install the App from the software application store (such as Google Playstore or Appstore) for using it. You will also download and update the relevant latest versions of the App, and any relevant updates provided by Us to avail continued access to the App.

2. You will use the Platform only for such purposes as is permitted by (a) this Agreement; and (b) any Applicable Law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You use the App.

3. We, or the software application store may include functionality to automatically check for updates or upgrades to the Platform. Unless Your device, its settings, or computer software does not permit transmission or use of upgrades or updates, You agree that We, or the software application store, may provide notice to You of the availability of such upgrades or updates and automatically push such upgrade or update to Your device or computer from time-to-time. You may be required to install certain upgrades or updates to the Platform in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

4. You undertake and warrant that any information provided by You to Us is correct and valid. In case of any wrong information/impersonation/furnishing of wrong information, You shall beliable for consequences and You shall indemnify Us against any such loss, damage, consequences, which may have to be faced by Us due to such breach. In case it is found that the information provided is false, We may deny access to the Website and the App immediately without prejudice to any of the terms envisaged under these terms and conditions. We may also initiate any such actions against You as it may deem proper.

5. We may stop provision of the Platform (or any part of the Platform), permanently or temporarily, to You or to users generally or may modify or change the nature of the Platform and/or these Terms at Our sole discretion, without any prior notice to You. Your use of the App following any such modification constitutes Your deemed acceptance to be bound by any and all the Agreement (or as it may be modified).

6. You agree to not copy, license, adapt, distribute, exchange, modify, sell or transmit any content or material from this Platform, including but not limited to any text, images, audio, video or links for any business, commercial or public purpose. We grant You a non-exclusive, non-transferable, limited right to enter, view, use and transact on these Platforms except for the purpose of making a single archival back up copy. You also understand that You are expressly prohibited from copying, reproducing, altering, modifying, creating derivative works of, or publicly displaying any content displayed on the Platforms.

1. By signing up for the Services, You expressly agree that the Company is authorized to charge you subscription fee as per your selected plan, and any other fees for additional services you may purchase including applicable taxes in connection with Your use of the Services through credit card or other payment method accepted by the Company (“Payment Method”) that You provided during registration.

2. If You want to use a different Payment Method than the one You had selected during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on your Account.

3. If Your Payment Method expires and You do not edit Your Payment Method information or cancel your Account, You authorize Us to continue billing, and You will remain responsible for any uncollected amounts.

4. The subscription fee will be billed at the beginning of Your subscription and on each subsequent renewal (as per plan chosen by You) thereafter unless and until You cancel Your subscription, or the Account or Service is otherwise suspended or discontinued pursuant to these Terms. To cancel your subscription please write to [email protected].

5. Eligibility for any discounts if applicable is ascertained at the time you subscribe and cannot be changed during the term of your Subscription.

6. You understand, accept and agree that the payment facility provided by Us is neither a banking nor financial service but is merely a facilitator providing an online electronic payment, using third-party gateways or appropriate payment system infrastructure and the same will also be governed by the terms and conditions of such third-party payment facilitator. You acknowledge that We will in no case be liable for any failed payment, cancelled payment or any other refund related issue.

7. Tidings Media will contact You at the end of the initial subscription period with an offer to renew Your subscription at the then prevailing renewal rate, which may be changed from time to time.

8. Free Trials: The Company may, at its sole discretion, offer a free trial period at the commencement of Your membership for the Services. The duration and specific terms of the free trial will be determined by the Company and communicated during the registration process on the Platform. Free trials are not available for renewals of existing memberships or for new accounts created using the same physical address, email address, or device linked to an existing account. Unless You cancel the membership before the expiration of the free trial, billing for the chosen subscription plan will automatically commence at the end of the trialperiod without any further notice. It is Your responsibility to monitor Your account and be aware of the trial period’s end date to avoid any unintended charges.

1. Tidings Media provides Platforms for various community interactions for persons to interact and exchange views with each other. The content posted on such Platforms is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.

2. By using the facility of chat/share/comment and other community services You agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitors of the Platform.

3. You agree not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the Platform, or other user;s ability to engage in real time exchanges.

1. You agree to treat all data and information not publicly available as confidential (“Confidential Information”) and to use such information solely for the intended purpose. We will not be liable for any direct, indirect, special, consequential, or other damages arising from the use of the Platforms, or any information or images contained therein, including but not limited to lost profits, business interruption, and loss of programs or data.

2. The confidentiality obligations do not extend to data or information required to be disclosed to third parties, including public authorities, pursuant to legal obligations. In such cases, the disclosing party shall notify the other party without any delay. You will take all reasonable measures to prevent the disclosure, dissemination, or unauthorized use of Confidential Information, which will include at least the same level of protection You apply to Your own confidential information. Additionally, You shall not issue any press release or make any public statements regarding these Terms or Your use of the Service provided by the Company.

3. You are responsible for maintaining the confidentiality of Your login credentials and Account information. Any unauthorised use of Your Account must be immediately reported to Us as to prevent fraudulent activity or misrepresentation. In such an event or otherwise, We retain the right to immediately suspend Your Account until We are assured that the Account is only accessed by an authorised User.

1. Your use of the Platform is, and at all times shall be, governed by and subject to the Applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by the Applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the Platform through Your device.

2. The Tidings Media and Ei Samay name and logo, along with service marks, graphics, other logos, news and non-news articles, headlines, graphics, games, pictures, photographs, cartoons, sketches and any other written, non-written content (including graphically or phonetically depicted content) used in connection with the Platforms (“Tidings Media IP”) are owned of the Tidings Media. We own all rights, titles, and interest in Tidings Media IP, and all related technology and intellectual property rights. Subject to the terms of these Terms, We grant You a limited, revocable, non-exclusive, non-sub licensable, non-transferrable license to access and use the Services solely in accordance with these Terms. You obtain no rights under these Terms from Us, Our affiliates to the Service, including any related intellectual property rights.

3. The other trademarks, service marks, graphics, photographs and logos used in connection with the Platforms except the Tidings Media IP are the intellectual property of their respective owners (collectively “Third-Party IP”). The Tidings Media IP and Third-Party IP may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable intellectual property holder.

4. The Platform and any underlying technology or software used in connection with the Platform may contain rights of Us or Our affiliates or any third party. For use of any Third-Party IP, You may need to get permission directly from the owner of the intellectual property.

5. Any intellectual property which is not specifically mentioned to be owned by Us is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.

6. We respect the intellectual property rights of others and do not hold any responsibility for any violations of any intellectual property rights by You.

7. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Us. If you are the copyright owner of any content on these Platforms and you think the use of the above material violates Your copyright in any way, please email a takedown request by writing to [email protected] with the subject “Content takedown request.” Please indicate the exact URL of the webpage in your request. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without Our prior written permission.

This product is Tiding Media’s exclusive copyright and proprietary material, and all rights thereto are reserved exclusively with Tidings Media. Nothing contained herein grants the User any right or permission to license and/or assign/transfer the product or use the product (in whole or any part thereto) in any manner other than for personal and non-commercial usage of the buyer. The buyer shall not copy, re-print, digitize, edit, reproduce, distribute copies of this product (be it physical or digital or NFT) or use it in any manner not permitted herein.

3. LIMITATIONS ON REPRODUCTION RIGHTS AND CREDIT LINES:
The following credit line must appear adjacent to any Licensed Material used/utilized by Licensee: Property of (Photographer's name)/Tidings Media. Licensed Material contains numerous images of people, both alive and dead. No releases exist for this Licensed Material unless expressly stated by Tidings Media. Licensee shall be solely responsible to determine whether a release is required to use any such Licensed Material. Some jurisdictions provide legal protection to people, places and things where any Licensed Material is to be used for commercial purposes. Licensee may crop or rotate Licensed Material. Tidings Media's Images of historical vintage often employ older photo techniques. Some of this Licensed Material contains "artifacts" or other flaws inherent in prints of the particular vintage and are not defects. Some of Tidings Media Licensed Material may be in the public domain or licensed to Tidings Media on a non-exclusive basis. It therefore may be possible for another library to license Licensed Material represented by Tidings Media for a conflicting use. Tidings Media shall have no liability for any such situation. If any use of the Licensed Material gives rise to publication rights or any similar rights in India or in any other country, those rights shall belong exclusively to Tidings Media except as otherwise agreed in writing by Tidings Media. Licensee shall do all such things and shall procure rights from any third parties in whom such rights may otherwise vest (including executing assignments) as are required to vest ownership of all such rights exclusively in Tidings Media.

4. COPYRIGHT:
No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the License contained in this Agreement. Except as expressly set forth in this Agreement, Tidings Media grants Licensee no right or license, express or implied, to the Licensed Material. Licensee shall provide or post applicable copyright notice and/or protection. Upon demand, Licensee shall immediately assign to Tidings Media (or Tidings Media's designee) any copyright of or to the Licensed Material arising out of the publication of the Licensed Material. No copyright information shall be removed from any digital file.

6. ELECTRONIC STORAGE:
For all Licensed Material that Licensee takes delivery via down load, Licensee must provide the copyright symbol, the name of Tidings Media and the Licensed Material identification number as part of the electronic file. In addition, Licensee may only use a single copy of the Licensed Material on a single computer. Licensee may only down load the Licensed Material onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the Licensed Material for any purpose except as otherwise provided in this Agreement and the Invoice. Notwithstanding the foregoing, Licensee shall be allowed to make one (1) backup copy for security reasons only. Licensee may not use the Licensed Material on any image storage jukebox, network configuration or similar computer network arrangement. Upon the expiration or earlier termination of this Agreement, Licensee shall promptly delete the Licensed Material from its computer or other electronic storage system.

1. You will defend, indemnify, and hold harmless Us, Our affiliates and each of Our/their respective employees, officers, directors, and representatives from and against any losses or damages arising out of or relating to any third-party claim concerning:

• (a) Your use of the Platforms;
• (b) breach of these Terms or violation of Applicable Law by You;
• (c) any illegal or offensive conduct by You or any third party on Our platform; or
• (d) any delay or inaccuracy in information provided by You or any third party.

In the event (a), (b), (c), or (d) occurs, You will be liable to reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third-party notices or other compulsory legal order or process associated with third-party claims described in (a) through (d) to the tune of loss or damages incurred.

2. In no event shall We, Our group companies, affiliates, Our officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors (“Tidings Media Entities”) be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether 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 Platforms.

1. All content on the site is provided to You “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability & fitness for a particular purpose, title, non-infringement, security, or accuracy.

2. We do not endorse & is not responsible for the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Tidings Media.

3. Under no circumstance will Tidings Media be liable for any loss or damage caused by a User's reliance on information obtained through the Platform.

4. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available on/through the Platform.

5. You are advised to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, or other content.

By using Our Services, you agree to the following disclaimers:

• (a) The content on these Services is for informational purposes only. We disclaim any liability for any information that may have become outdated since the last time the particular piece of information was updated. We reserve the right to make changes and corrections to any part of the content on these Services at any time without prior notice.
• (b) You expressly acknowledge that we do not assess the suitability, legality, regulatory compliance, quality or ability of any user or goods scheduled through the use of the Service, and We make no warranty regarding the same.
• (c) We, Our officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the Platforms in connection with this Agreement will not be liable for any acts or omissions, including of a third party, and including those vendors participating in Our offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties, or for damages associated with Our Platforms, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties that are interconnected with Us.

1. The Agreement shall be governed by and construed in accordance with the laws of India. Subject to Para L (2), any Dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kolkata, West Bengal, India as applicable.

2. In the event of any dispute or difference between You and Us (“Dispute”), then such Dispute shall first be resolved amicably through good faith negotiations by You and Us. In the event that a resolution of the Dispute is not achieved within 30 (thirty) days from the date such Dispute arises, as notified in writing by any party to the other party, then any of the parties to the Dispute, shall have the right to refer such Dispute to arbitration by issuing a written notice.

3. Any Dispute shall be referred to an arbitral tribunal consisting of (1) one arbitrator to be appointed jointly by the parties. If the parties fail to appoint an arbitrator within 30 (thirty) days of notification of the Dispute by any one party to the other parties, then the parties shall approach the courts of competent jurisdiction for appointment of the arbitrator as per the provisions of the Arbitration and Conciliation Act, 1996 (“Act”). Any award by the arbitral tribunal shall be binding on all the parties. A reference to the arbitration under this paragraph shall be deemed to be submission within the meaning of the Act and the rules framed thereunder for the time being in force, as modified from time to time. The parties further agree that the seat and venue of arbitration shall be Kolkata, West Bengal and the language to be used in the arbitration shall be English.

4. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

1. You may delete Your Account at any time. You can do it in the App settings or by contacting user support at [email protected] with the subject ‘Delete my Account’. In some cases, we will be unable to terminate Your Account or may retain certain information for legitimate purposes, such as to prevent fraud and ensure safety of our users, comply with legal obligations, or manage any unresolved claims or disputes.

2. We have the right to investigate any suspected breach of the terms of this Agreement. While We do so, We are allowed to suspend Your access to some or all the features of the Platforms, depending on the seriousness of the suspected breach.

4. If We have previously terminated Your Account for breach of this Agreement, You are not permitted to use Our Platform again by registering with a different number/email address. However, if You use Our Platform again (for example, by opening another account), We are entitled to suspend or terminate any such accounts, at Our sole discretion.

5. If You think we have made a mistake in suspending or terminating Your Account, You can appeal through [email protected].

1. If You want to request access, correction, or deletion of Your Information, You may write to Us at [email protected] with the subject “Data related Grievance”. Upon receipt of Your complaint, the Grievance Officer will acknowledge the complaint within 24 (twenty-four) hours and will make best efforts to resolve the matter within 15 (fifteen) business days of receiving the complaint or as per timelines mentioned in the Applicable Laws of India.

1. These Terms describe the relationship between You and Us and does not create any partnership or agency between You and Us. These Terms don’t create any legal rights for other people or organizations, even if others benefit from that relationship under theseTerms.

2. All communications and notices made or given pursuant to this Terms must be in the English language. If we provide a translation of the English language version of this Terms, the English language version of the Terms will prevail if there is any conflict.

3. If any provision or part of a provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining Terms which will continue to be valid to the fullest extent permitted by law.

4. Any disparaging remarks, negative comments, or defamatory statements made about the Platform, its Services, or its representatives—whether published on social media, review sites, or any other public forum—constitute a breach of these Terms. In such instances, the representative of the Platform reserves the right to pursue legal action for defamation against the individual or entity responsible for such statements as per Applicable Law. The User understands that this right to legal recourse is essential to protecting the integrity and reputation of the Platforms, and said the User agrees to indemnify the Platform against any claims, damages, or expenses arising from their negative statements or actions.

5. Any failure to enforce any provision of these Terms by Us will not constitute a present or future waiver of such provision nor limit Our right to enforce such provision at a later time.

6. We welcome Your feedback regarding our Terms and any comments on the Services We provide to You. You may send Us Your comments and responses on [email protected] with the subject line being ‘Improvement suggestions for your Platforms.’

7. Under Applicable Law, you have certain rights that cannot be limited by a contract like these Terms. These terms are in no way intended to restrict those rights.

8. You may be subject to supplemental terms of service depending on your use of the Platform. If these Terms conflict with the service-specific supplemental terms, the supplemental terms will govern for that Service.

9. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.