This Terms & Conditions (“Terms”) defines the Terms on which you can subscribe, avail or access the Services (defined below) and/or Device (defined below) from Janya. Janya provides the Services in the name and style of https://www.janya.video/ (“Website”) and the Services are accessible in the manner and mode as defined in these Terms.
By accessing or using the Website, and the Services, you indicate that you have read, understand, and agree to be bound by these Terms and conditions of our Services Terms, whether or not you have registered with the Website.
Therefore, please read these Terms before accessing or using the Website and Services carefully as they contain important information regarding your legal rights, remedies and obligations. If you do not agree to these Terms, then you have no right to access or use the Website and Services.
If you are using the Website and Services therein then these Terms Termsare binding between you and Janya.
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in these Terms shall have the meanings as ascribed hereunder:
“Registration” means a user connecting with the Janya executive and paying the Fees for the selected subscription period post which the User shall receive the credentials and can open an account on the Website by way of using such credentials.
The Services can be accessed through a laptop, computer, phone or any other device connected through internet .
The Services may be availed in the following manner:
Services is only available to the Users who have successfully registered with Janya though its customer service/executives and by subscribing to the Services by way of payment of Fees for such Services.
By using the Website and Services, you agree to comply with and be legally bound by the terms and conditions of these Terms. These Terms govern your access to and use of the Website and Services which constitute a binding legal agreement between you and Janya. The User further accepts to allow Janya to reach them through call for providing existing Services and for providing information on new products and services and will not be subject to DND regulations for any such calls.
In addition, certain areas of the Website (and your access to or use of certain aspects of the Services) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Website, and/or Services, the latter/specific terms and conditions will take precedence with respect to your use of or access to that particular area of the Website and/or Services.
You agree that Janya will not be responsible for any claims related to promotional materials and/or User Content uploaded by You on the Website and any such claim should be directed to the relevant User who uploaded/used such content on the Website.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website and the Services. Failure to use the Website and the Services in accordance with these Terms may subject you to civil and/or criminal liabilities.
You acknowledge and agree that, by accessing or using the Website and Services, you are indicating that you have read and understood and agree to be bound by these Terms and shall obtain our Services in accordance with these Terms. If you do not agree to these Terms, then you have no right to access or use the Website and Services. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
In all the above cases, Janya reserves the right to modify the Services, including the Fees and other terms, from time to time, without requiring prior consent from the User. The User may access and avail such Services at such Fees and terms and conditions set out in these Terms on subscription basis, depending on their eligibility.
The User will be required to register on the Website to avail the Services. User will be required to provide such information as required during the time of registration and as and when required by Janya. In order to register, the User has to contact the customer service and such User will be assigned an account containing a username and password by Janya customer service executives. The User has to access the Services by logging into the account by using the aforesaid username and password. The User agrees that the account is specific to that User and is non-transferable. Such registration allows the User to access Services. If the User fails to provide the required information at the time of registration, such registration shall be deemed invalid. Further, if the User fails to provide the required information as and when required by Janya, Janya shall have the right to discontinue/suspend the Services to such User, until such information is provided or in the case where information is not provided at all, such registration can be cancelled by Janya in its sole discretion, without any prior notice to the User.
The User agrees to provide accurate, complete and valid information at the time of registration and undertakes to update such information as and when required. You are responsible for safeguarding your password and you agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account with Janya, whether or not you have authorized such activities or actions. You will immediately notify Janya of any unauthorized use of your account. Further, Janya reserves the right to terminate the Services, without notice to the User, in case any information provided by any User is found to be false, inaccurate, or misleading.
The User acknowledges that Janya will retain and maintain the details provided at the time of registration. The User consents to retention and use of such information by Janya.
For the purposes of availing the Services therein, the User will be charged with the Fees determined as per the subscription packages and Fees, selected and purchased from the Janya executives. The subscription packages and Fees may be modified at any time, without the requiring prior consent of the User.
By using the Website and Services, you agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Users or from other third parties, shall be limited to a claim against the particular User or other third parties who caused You harm. You agree not to attempt to impose liability on or seek any legal remedy from Janya with respect to such actions or omissions.
The Website and Services may contain links to different social media platforms, apps, third-party websites or resources, including but not limited to Facebook, Twitter, YouTube or any other application (“Social Media Platform ”) that Janya may partner with. You acknowledge and agree that Janya is not responsible or liable for: (i) the availability or accuracy of such Social Media Platform; or (ii) the content, products, or services on or available from such Social Media Platform . Links to Social Media Platform or similar such websites or resources do not imply any endorsement by Janya of Social Media Platform or similar such websites or resources or the content, products, or services available on or from Social Media Platform or similar . You acknowledge sole responsibility for and assume all risk arising from your use of any such Social Media App or the content, products or services on or available on or from such Social Media App.
Janya shall not be responsible for the User Content nor shall be held responsible for any damages incurred while using (i) the Website and/or Services, (ii) streaming of User Content on Devices or (iii) any liability arising out of your use of Social Media Platform.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Website and Services. In connection with your use of the Website and Services, you agree that you will not:
Janya has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Janya reserves the right to take such actions against you, including but not limited to deactivating or cancelling account, for a violation of this section or these Terms.
Janya may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Janya or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Janya its Users, or members of the public.
You acknowledge that Janya has no obligation to monitor your access to or use of the Website and/or Services, but has the right to do so for the purpose of operating and improving the Website and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes) (i) to ensure your compliance with these Terms, (ii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, (iii) to respond to content that it determines is otherwise objectionable or (iv) as set forth in these Terms.
Janya reserves the right, at any time and without prior notice, to remove, disable any content uploaded by the User including suspending the User’s account in the event that Janya, at its sole discretion, considers such content to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, application or Services.
As between Company and you, you (or your licensors) will own the User Content and any and all text, images, information provided while creating the account with Janya, data, video, audio-visual content, works of authorship, literary, dramatic works (whether registered under Copyright laws or not) or other types of materials, information or communications, or hyperlinks to any of the foregoing you provide to Company or upload, publish, transmit or distribute on or through the Service. You hereby grant, Company an irrevocable, assignable, sublicensable , transferable, fully paid, royalty-free, and worldwide right and license to copy, store, reproduce, distribute, publicly display, modify, use, and create derivative works of the User Content in order to: (a) provide the Services to you; (b) improve Company’s products and services; (c) create and share with other Users of the Company (in aggregate and anonymous form) reports and information to help them optimize their data and services; (d) provide your User Content to, or permit access thereto for, your third-party service providers or other users upon your request (and you hereby grant such rights to such third-party service providers or other Users); and (e) perform such other actions as authorized or instructed by you in connection with your use of the Services. You represent and warrant to the Company (including on behalf of your licensors) that you have all rights necessary to grant the rights granted above to the Company.
The Website and/or Services contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Janya is protected by copyright as a collective work under the applicable copyright or intellectual property laws (“Janya Content”).
As between Company and you, Company solely and exclusively owns and will own all rights, title, and interest in and to all patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks, service marks, logos and designs, trade secrets, and all other intellectual property embodied by, or contained in Janya Content, Service, Website and in the selection, coordination, arrangement and enhancement of such Janya Content and/or Services, as well as copyright or license to use in the content original to Janya. The technology underlying the Services is protected by copyright, trade secret, and other intellectual property laws as applicable. You shall not copy, distribute, display, print, modify, publish, transmit, license or sub-license, sell or participate in the transfer or sale, create derivative works, or in any way exploit, any of the Janya Content, Website and/or Services, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Janya Content, Service, Website or any portion thereof or any downloaded material without the express permission of Janya is permitted. You shall not modify, distribute or re-post any Janya Content for any purpose. If copying, redistribution or publication of Janya Content is expressly permitted by Janya, then no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of this Services and/or Website or the Janya Content, including copying or storing it or them in whole or part, without our express and written permission, is prohibited.
Trademarks that are located within or on our Janya Content, Services and/or Website shall not be deemed to be in the public domain but rather the exclusive property of Janya, unless such Janya Content, Services and/or Website is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Janya, unless otherwise stated.
Janya does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from any submission made by you on the Website. By submitting material to any part of the Website, you represent and warrant that you or the owner of such material, as the case may be, has expressly granted Janya the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other User to access, view, store or reproduce the material for that User’s personal use. You hereby grant Janya, the right to edit, copy, publish, create derivate works and distribute any material made available on the Website by you. All rights not expressly granted to you in these Terms are reserved by Company for its exclusive use.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is unsolicited and without restriction and will not place Company under any obligation, fiduciary, monetary or otherwise, to implement the same, in any manner, and that Company shall be free to use the Idea, at any time, in any manner, in its sole determination, without any compensation to you, and/or to disclose the Idea to any third party in any manner Company deems fit. You further acknowledge that, by acceptance of your submission or Idea, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from other sources.
We may make certain Company logos or marks (the “Marks”) available to you and other Users to allow you to identify Company as a service provider. For the purposes of the same, we grant to you a non-exclusive, non-transferable, non-assignable, revocable, limited right, in the Territory and during the Term, to use, reproduce and display the trademarks of the Company as provided for the purposes of identifying the Company as your service provider. When using Company’s trademarks, you must (a) comply with all branding guidelines specified by the Company; and (b) obtain Company’s prior approval for each use of the Marks, such use not to be unreasonably withheld or delayed by the Company. You shall not use any Marks or any such other trademarks or service marks of the Company and/or its affiliates and/or licensors, without our express written permission, or in any manner that may create confusion in the general public regarding the origin of your products or services with those of the Company . During the Term of these Terms, you may publicly identify us as the provider of the Services to you and we may publicly identify you as a Company’s User or client. You agree that Company may use your trade name and logo in Company’s marketing and promotional materials, including but not limited to Company’s websites, sales and other marketing materials, solely for the purpose of referring to you as a customer of Company’s products and services. Both parties are independent contractors and therefore, neither party will make any representation that the other party is its agent, partner, or engaged with such other party in the nature of joint venture.
You: (a) are responsible for protecting all authentication key(s) for the APIs; (b) shall not disclose the authentication key(s) to any third party except your employees or such other personnel solely on need-to-know basis; (c) shall not use the authentication key(s) for any purpose other than as necessary to exercise rights granted under these Terms; and (d) are responsible for all activity that occurs with the authentication key(s). You shall notify Company promptly in the event you learn of any unauthorized access to any authentication key(s).
These Terms shall be valid and effective from the time Users access or uses the Website, or starts using the Services until such time when you or Janya terminate the Terms as described below.
You may terminate these Terms at any time via the cancel account feature on the Website or by sending us an email. If you cancel your Janya account, your account will be automatically cancelled Terms. Without limiting our rights specified below, Janya may terminate these Terms for convenience at any time by giving you notice via email to your registered email address.
Janya may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the account registration, or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Janya believes in good faith that such action is reasonably necessary to protect the safety or property of other Users, for fraud prevention, risk assessment, security or investigation purposes, (vi) any of your content is violative of user guidelines of Janya or contain any defamatory,obscene or content prohibited by law.
In case of non-material breaches and where appropriate, you will be given notice of any measure taken by Janya and an opportunity to resolve the issue to Janya’s reasonable satisfaction.
If you or we terminate these Terms , your access to and use of the Services therein shall be stopped, along with cancellation of your registration. When these Terms have been terminated your Janya account will stand deactivated. If your access to or use of the Website and Services has been limited or your account has been suspended or these Terms has been terminated by us, you shall not register a new account or attempt to access and use the Website and Services through other Janya accounts.
You represent and warrant not to post, upload, transmit or provide any User Content that: (i) may create a risk of harm, loss, physical or mental injury, damage, either business, reputational, property or financial to you or any other person; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), threatening, obscene, or otherwise objectionable; (v) contains any information or content that is illegal or that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vi) contains any information or content that you know is not correct and accurate. You agree that any User Content that you post does not and will not infringe or violate third-party rights of any kind, including without limitation any privacy, patent, copyright, trademark, trade secret, or other third party or intellectual property rights.
Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts, sends, or otherwise makes available over the Service, whether authorised by you or not. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Website. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to the Website, and you agree that Company shall not be liable for any damages you incur or allege to incur as a result of or relating to any User Content.
Further, You shall be solely responsible for safety and privacy of the account you create with Janya at the time of registration. Company shall not be liable or responsible for any unauthorised access to your account. Additionally, you are solely responsible for informing the Company in the event of any unauthorised access promptly upon becoming aware of the same and provide such assistance as required by the Company to mitigate the risk.
The Website and Services are provided on an “as is” basis, without warranty of any kind, either express or implied. Without limiting the foregoing, Janya explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Janya makes no warranty that the Website, and Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
If you or we terminate these Terms , the clauses of these Terms that reasonably should survive termination of these Terms will remain in effect.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website and Services, your registration and access to the Website and Services, and any contact you have with other Users of Janya whether in person or online remains with you. Neither Janya nor any other party involved in creating, producing, or delivering the Website, Services, will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of good will, Service interruption, computer damage or system failure, device failure or Services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Website and Services, from any communications, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Janya has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event shall Janaya’s aggregate liability arising out of or in connection with these Terms exceed the amounts you have paid or owe for subscription in the six (6) months period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Janya and you.
You agree to release, defend, indemnify, and hold Janya and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) the User Content you are using/uploading by using the Services on the Website, (b) your access to or use of the Website Services, or your violation of these Terms; (b) loss of your account details, such as username and password without any fault of Janya (ii) any issues related to the Device or Social Media Platforms, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of subscription and access to the services.
Except as they may be supplemented by additional Janya policies, guidelines, standards, or Terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Janya and you regarding the Website, application, Services, content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Janya and you regarding registrations, subscription, the Website, application, Services, and content.
Janya reserves the right to modify any of the terms and conditions contained in these Terms, as and when deemed necessary, without the prior written consent of the User. However, such modified Terms will be effective immediately and updated on the Website as and when such modifications take place for User’s benefit and the User is advised to check the Website regularly for modifications and read such modified Terms.
Any notices or other communications permitted or required here under, including those regarding modifications to these Terms, will be in writing and given by Janya (i) via email (in each case to the address that you provide) or (ii) by posting to the Website. For notices made by e-mail, the date of the email will be deemed the date on which such notice is transmitted.
The failure of Janya to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Janya. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
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