Cartoq.com Terms of Use

Effective Date

These Terms of Use were last updated on November 4, 2017.

The Cartoq.com website(the Site) and service (the “Service”) is operated by Mindworks Global Media Private Limited, a company registered under Indian Companies Act, 1956, having its registered office at E-24, Greater Kailash, Second Floor, New Delhi – 110048.  (“Company”).

Use of Service

By using the Service you are agreeing to be bound by these Terms of Use.

These Terms of Use govern your use of the websites, content and community services offered through http://www.cartoq.com (“Site”), any mobile or internet connected device or otherwise (the “the Service”).

The stated terms of use (Terms) constitute a legally binding agreement between you and the Company regarding your use of the web site and / or app i.e. www.cartoq.com (the Site) and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (“the Service”).

By accessing the Site or Service and / or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions.

Individuals under the age of 18 may utilise the Service of the site but only with the involvement & guidance of their parents and/or legal guardians, under such Parent /Legal guardian’s registered account.

You agree to register prior to uploading any content and/or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.

Definition of “User” or “You” means any person who accesses or avails of this site of the Company for the purpose of viewing, reading, watching, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.

Your License to the Company

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator).

By Posting any material which contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and / or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.

You represent that you have valid rights and title in any and all Content / Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify The Cartoq.com or its affiliates for all claims arising out of any content that you post on the Site.

The Site accepts no responsibility for the said Content / Images. However, you understand that all Content/Images posted by you becomes the property of The Site and you agree to grant/assign to The Company and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and / or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.

You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.

Acceptable Use Policy

Company requires all of its users to be respectful of other people. If you notice any violation of these Terms of Use (including this Acceptable Use Policy) or other unacceptable behavior by any user, you should report such activity to Company at grievance@cartoq.com.

You are solely responsible for the User Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any content you access from other users of the Service.

The categories of prohibited User Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not User Content is acceptable for the Service and any User Content that, in Company’s sole discretion, is found in breach of these Terms of Use (including this Acceptable Use Policy) or is otherwise unacceptable may be removed from the Service.

Without limitation, you will not post or transmit to other users any User Content that:

  • is defamatory, abusive, obscene, profane or offensive;
  • infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
  • violates any party’s right of publicity or right of privacy;
  • is threatening, harassing or that promotes racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual;
  • promotes or encourages violence or contains sexually explicit material;
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • contains personal information of any party such as phone numbers, addresses, car registration numbers etc;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  • contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

Company is under no obligation to screen or monitor User Content (unless so required by law), but it may review User Content from time to time, at its sole discretion, to review compliance with these Terms of Use. The Company may include, edit or remove any User Content at any time without notice.

You understand that when using the Service, you will be exposed to content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.

Further, as a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You shall not post, display, upload, modify, publish, transmit, update or share any information on the Site, that:

a) Belongs to another person and to which you do not have any right to;

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

c) Harm minors in any way;

d) Infringes any patent, trademark, copyright or other proprietary rights;

e) Violates any law for the time being in force;

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

g) Impersonate another person;

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

i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

j) Results in Advertising or solicitation to anyone to buy or sell products or services, or to make donations of any kind.

k) Promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.

l) Discloses any personally identifying information or private information about any third parties without their express consent.

In addition, you are prohibited from doing anything on the Site or in respect of the Services that:-

m) Results in spamming, phishing or password harvesting email addresses that have been posted by other users of the Sites.

n) Uses or attempt to use another person’s account, password or services.

o) Disrupts, interferes with or otherwise violates the security of the Sites or any services, accounts, passwords, servers or networks related to the Site

p) Sends repeated messages to another user or repeat postings of the same message under the same or multiple subjects or engage in cyber stalking or become a nuisance for other users.

q) Damages, disables, overburdens, or impairs The Company’s servers, or the network(s) connected to The Company’s servers, or interferes with any other party’s use and enjoyment of any Services.

r) Attempts to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means.

s) Obtains or attempts to obtain any materials or information through any means not intentionally made available through the Services.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

From time to time certain aspects of the Service may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service, but may use other factors in addition to voting to determine various aspects of the Service associated with voting.

You may 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 this Site, or other user’s ability to engage in real time exchanges.

Restriction on Use of the Site Content

You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon. You may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.

We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright.

The Company grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on The Company’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of The Company, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Sites.

However, you may print or download extracts from these pages for your personal / individual, non-commercial use only provided you keep intact all copyright and other proprietary notices. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

The Company forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for www.cartoq.com) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags.

You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish The Company’s material for distribution should be addressed to editor@cartoq.com.

Our Proprietary Rights

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of The Site, its parent, affiliates and associates (subject to the rights of our licensors and licensees etc. under applicable agreements, understandings and arrangements) and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of The Site; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Not Responsible For and Not Necessarily Hold the Opinions of our Contributors / Bloggers / Commenters etc

Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of The Site. The Site is not responsible for the accuracy and completeness of Blogger / Contributor content, neither does it endorse or the guarantee the same, nor accept any obligation or liability for the same. The Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor its site for inappropriate or unlawful content.

The Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

Notwithstanding the foregoing, The Company reserves the right to block or remove communications, postings or materials from the Site at any time in its sole discretion.

Not Responsible for Linked Sites

We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

Individual Registration, Access and Exchange of Information

For certain services, registration by the visitor may be required. To register for these services user has to open an account by completing the registration process (i.e. by providing your current, complete and accurate information as prompted by the applicable registration form). You agree to provide and promptly update true, accurate, current and complete information about yourself and if the Company believes such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.

To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: any other person sharing your account and password; Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with The Company as users of the Site; or Access through a single account and Password being made available to multiple users on a network.

If The Company reasonably believes that an account and Password is being used / 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.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify The Company immediately of any unauthorised 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 or your failure to protect your password or account information. However, you could be held liable for losses incurred by The Company or another party due to someone else using your account or password.

Sharing of User Details

You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto. This is to be read along with the Privacy Policy.

Right to Discontinue or Suspend our Site or Terminate Use

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice without any liability whatsoever. The Company reserves the right to suspend / cancel, or discontinue any or all channels, categories, products or service or any part thereof at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.

The Company shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that The Company, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of India and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. Hence, all articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all copyright notices / restrictions on our site.

The company may or may not moderate the comment threads.

Charges

The Company reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.

Indemnity

You agree to indemnify and hold harmless the Company and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder including in respect of content posted or information provided by you for Cartoq’s use or information or material posted or transmitted through your password account even if not posted or transmitted by you We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Liability

The Sites include links and pointers to Internet sites, content and services provided by third parties. The Site’s linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, the Company does not operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on web sites linked to by the Cartoq.com .

The Company and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).

Disclaimer

USE OF THE SITE IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY SITES ARE PROVIDED ON “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO

WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

DISCLOSURES, VIOLATION AND TERMINATION

You understand that the Site has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Site through which users can supply information or material. The Site reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the Site’s sole discretion are objectionable or in violation of these Terms of Use.

The Site may terminate or restrict your use of the Sites or any part of the Sites at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Sites affected by such termination or restriction.

Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account / block your access to / usage of the Site, fully or partially, and we reserve the right to immediately remove any non-compliant Content / comment uploaded by you without any liability and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of India without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Sites must be filed in the courts located of New Delhi in India.

The Company may transfer its rights and obligations under the Terms of Use at any time without notice.

Any failure of The Company/The Site to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Use for any reason, the provisions entitled Disclaimers, Liability, Liability, Indemnification, and other provisions for which survival is equitable or appropriate, shall survive.

The Company/The Site uses the services of Adx, Mopub, Medianet and Adsense for monetizing its display ad inventory.  The Company/The Site is fully compliant with their privacy policies which can be referenced by clicking the links below:

Google: https://www.google.com/intl/en/policies/privacy/
Mopub: https://www.mopub.com/legal/privacy/
Media.net: https://www.media.net/en/privacy-policy

Grievance Redressal

Redressal Mechanism: Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below in writing via the following email address:

grievance@cartoq.com