AADU – SHORT VIDEO APP (HEREINAFTER REFERRED TO AS “PLATFORM”/APPLICATION) IS A CONTENT CREATION PLATFORM OWNED AND OPERATED BYSQUASH APPS PRIVATE LIMITED HAVING ITS OFFICE AT 7A, GRAND CAG CENTRAL,FIRST FLOOR, AVINASHI ROAD, NAVA INDIA, COIMBATORE- 641 004, TAMIL NADU(HEREINAFTER REFERRED TO AS “SQUASH”, “WE”, “US” OR “OUR”). THISDOCUMENT IS A LEGALLY BINDING DOCUMENT BETWEEN REGISTERED ORUNREGISTERED USER OF THE PLATFORM (HEREINAFTER REFERRED TO AS “YOU”/“YOUR”/ “USER”) AND US IN RELATION TO THE USE OF THE “PLATFORM AND SETFORTH THE TERMS AND CONDITIONS BY WHICH YOU MAY ACCESS AND USE THEPLATFORM AND OUR RELATED WEBSITES,SERVICES,APPLICATIONS, PRODUCTSAND CONTENT(COLLECTIVELY, THE “SERVICES”).THE TERMS OF THIS DOCUMENTWILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY ORINDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE 'I AGREE' TAB OR BY USEOF THE PLATFORM AND/OR BY CREATING A REGISTERED USER ACCOUNT ON THEPLATFORM (HEREINAFTER REFERRED TO AS “ACCOUNT”) AND WILL GOVERN THERELATIONSHIP BETWEEN YOU AND US FOR YOUR USE OF THE PLATFORM ANDTHE SERVICES RENDERED THEREIN.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATIONTECHNOLOGY ACT, 2000 AND RULES FRAMED THEREUNDER, AS APPLICABLE ANDTHE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUSSTATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THISELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOTREQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THIS DOCUMENT CAREFULLY. BY USING THE APPLICATION, YOUINDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS DOCUMENT. IFYOU DO NOT AGREE WITH THE TERMS OF THIS DOCUMENT, PLEASE DO NOT USETHIS APPLICATION. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT ORAGREEMENTS TO SQUASH AS PROVIDED UNDER SECTION 43A AND SECTION 72AOF THE INFORMATION TECHNOLOGY ACT, 2000 TO ACCESS AND USE YOURPERSONAL INFORMATION THAT YOU HAVE VOLUNTARILY PROVIDED TO US INCONNECTION WITH THE USE OF THE PLATOFRM AND THE SERVICES.
By providing Us Your information or by making use of the Platform and the Services providedtherein, You hereby consent to the collection, storage, processing, and transfer of any or allPersonal Information and Non-Personal Information by us as specified under this documentand further agree that such collection, use, storage, and transfer of information shall notcause any loss or wrongful gain to You or any other person.
To use the Services on the Platform, you will need to create Account on the Platform andbecome a registered User of the Platform by registering as prompted in the Application’srelevant registration form (such information being the "RegistrationData") whereby you willreceive a password and account designation upon completing the registration process. Youwill be asked to provide certain information about themselves including the name, contactdetails, birth information, and related information. As a User, You warrant that the informationprovided by You is correct, complete, and not misleading. You shall inform us promptly ofany changes to the information provided by you, by updating the details, for effectivecommunication.
While creating the Account, You agree:
We may modify or add to the Registration Data information fields required to create anAccount from time to time. You agree to promptly complete any such additional or modifiedinformation fields when and as requested by Us. In some cases, You will also need to updateYour Account and/or operating system settings to allow Us to access Your other detailsincluding but limited to the address book/contacts and enable the geolocation andcamera/microphone functions. Your registration with Us is subject to Our confirmation andwill become valid when We either confirm Your registration or activate Your Account.You acknowledge and agree that certain information that You provide in connection with theregistration of your Account and other Account data (such as Your Account profile nameand/or picture, certain User Content(defined below) uploaded by other users of the Platformthat You like/follow, how many users on the Platform are following Your Account, and howmany Users on the Platform have liked/followed certain User Content that You haveuploaded to the Platform and selected to be made publicly available) will automaticallybecome publicly viewable by all users of the Platform and that You will not have the option ofmaking such information and/or data private.
While registering the Account in Our Platform, You provide Us with Your contact detailsincluding Your email address. You hereby affirmatively consent to the use of Your emailaddress for notifications from Us regarding important service announcements and otheradministrative communications related to Your use of the Platform, as well as certainmarketing and other advertising communications from Us and from Our third-partyadvertising partners. You may opt out of receipt of certain notifications; however, there arecertain services and administrative notification which you cannot opt out the receipt of it. Youdo not wish to receive such notifications related to the Platform, Your only way to opt out ofsuch messages is to stop using and delete the Platform. We disclaim liability for anycommunications directed to You from any third party directly or indirectly in connection withthe Platform that You may receive and any actions You may take or refrain from taking as aresult of any such third-party communications and assumes no responsibility forverifying, and makes no representations or warranties regarding, the identity ortrustworthiness of the source or content of any such third-party Communications.
We may also disable your Account or suspend or terminate your access to the Platform ifyou file any claim against Us or file any claim that involves the Platform. We also reserve theright, in Our sole discretion, to seek and obtain any other remedies available to Us pursuantto any applicable laws and regulations or at equity as a result of Your breach of this Terms ofUse or any other act or omission by You that gives rise to a claim by Us, and Our disabling ofYour Account or suspension or termination of Your use of, or access to, the Platform shall bewithout prejudice to, and shall not be deemed a waiver of, the foregoing.
If We terminate, limit, or suspend Your right to use the Platform, You are prohibited, withoutOur prior written consent, from registering and creating a new Account under Your name, afake or borrowed name, or the name of any third party, even if You may be acting on behalfof the third party.
In the event Your right to use the Platform terminated, limited, or suspended, this Terms ofUse will remain in effect and enforceable against You.
If you wish to delete the Account and no longer access the Platform or use the Services, Youcan delete the Account through the “Delete” option in the Platform. Once you delete theAccount, You will not be able to retrieve the content created by You. Please create a backupof the content created if you wish to do so before deleting the Account. Please note thatdeleting the Platform from your computer or the mobile device does not delete Your Accountand any User Content (define below) that You previously uploaded shall remain on thePlatform.
You shall not use the Platform or the Services therein to host, display, upload, modify,publish, transmit, store, update or share any information that:
You shall not use the Platform to
In addition to the above, You shall be compliant to our Community Guidelinesas updatedfrom time to time, a copy of which is available on our Platform
You agree and acknowledge that any User Content which you create and upload on thePlatform in violation to the terms and conditions set forth above and/or the CommunityGuidelines shall be considered to be an objectionable content and We shall have the right toremove Your Account from the Platform and terminate the Services at Our sole discretion.
You acknowledge that We may get notified by the government authorities/agencies toremove any unlawful content hosted, stored, published, created by You on the Platform. Weshall remove or disable the access to such information/content within thirty -six hours fromthe receipt of such court order and/or notification.
By using the Platform, you expressly relieve and hold Company harmless from any and allliability arising from your use of any Third-Party Communications and Third-Party Content,including any loss or damage incurred as a result of any dealings between you and any thirdparties, or as the result of the presence of such Third-Party Content on the Platform or thefailure of such Third-Party Content to function as intended. It is your responsibility to evaluatethe content and usefulness of the information obtained from Third Party Content.
You acknowledge and agree that any Registration Data, any content, materials, information,text, data, copyrights, trademarks, logos, designs, insignia, images, photos, musicalcompositions, sound recordings, music library, screenshots, videos, chats, posts, graphics,identifying marks, Site/App pages, software, and other original works of authorship and/orintellectual property uploaded to, or incorporated into, the Platform by or on behalf ofUs(collectively referred to as “Platform Content”) shall remain Our sole and exclusiveproperty.
All right, title and interest in and to the Platform, throughout the world, in perpetuity, including,without limitation,(a) all text, graphics, typefaces, formatting, graphs, designs, editorialcontent, HTML, look and feel, software, and data, (b) all business processes, procedures,methods, and techniques used in the Platform, (c) all other materials and content uploadedor incorporated into the Platform, including, without limitation, all Platform Content (iv)allassociated trade secret rights and other intellectual property and proprietary rightsrecognized anywhere in the world;(collectively, “Platform IP”) in all forms, media andtechnologies now known or hereinafter developed as well as by the domestic andinternational laws of copyright, trademarks, patents, and other proprietary rights and lawsshall remain with Us. We understand and acknowledge that the User Content which is ownedby You does not form a part of Platform IP subject to the User Content license You grant Ushereinunder.
User generated content is the content which you may be permitted to create, upload, post ortransmit or otherwise make available short video content ,short performance videos, dramaticworks, video recordings and other original works of authorship and/or intellectual propertythat You or any other User creates, submits or uploads onto the Platform through theServices using any text, photographs, user videos, sound recordings and the musical works,virtual graphics, stickers, embodied therein, including content that incorporate locally storedsound recordings from Your personal music library and ambient noise, information, designs,logos, images, screenshots, photos and others(collectively referred to as “User Content”).You may extract all or any portion of User Content created by another user to produceadditional User Content, including collaborative User Content with other users, that combineUser Content generated by more than one user. You retain the sole and exclusive ownershipof the User Content created by You pursuant to the use of the Platform and Services.
You control whether your User Content is made publicly available on the Services to all otherusers of the Services or only available to people you approve. To restrict access to your UserContent, you should select the privacy setting available within the Platform. You will havethe ability to elect to make certain User Content that You upload to the Platform publiclyviewable by all other Users of the Platform, or by select Users (e.g., only those Users of thePlatform who you follow, or who follow you), and that other Users of the Platform will be ableto view, like, follow, comment on, and/or interact with such User Content once made publiclyavailable.
Your User Content shall be linked to your Account and your username shall appear on theUser Content. All User Content (whether public or private) shall be subject to our PrivacyPolicy. All User Content (whether made publicly available to other Users on the Platform orkept private) will be considered non- confidential and non-proprietary. Any User Content thatyou consider as non-confidential and non-proprietary shall not be uploaded on the Platformor transmitted by You to Us in the Platform. When You submit User Content through theServices, You agree and represent that You own that User Content, or you have received allnecessary permissions, clearances from, or are authorised by, the owner of any part of thecontent to submit it to the Services, to transmit it from the Services to other third-partyplatforms, and/or adopt any third- party content.
All right, title and interest in and to any User Content (including all copyrights and otherintellectual property rights related thereto or contained therein) that You upload onto thePlatform shall belong to You, provided You hereby grant to Us and Our affiliates, successors,licensees, and assigns, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fullypaid, transferrable, assignable, sublicensable right and license to use, copy, reproduce,display, distribute, publish, modify, adapt, make derivative works of, make collective workswith, translate, and otherwise exploit (a) such User Content (including all copyrights andother intellectual property rights related thereto or contained therein) and (b) your name,image, voice, likeness, biographical material, and any other right of publicity/privacy held byyou in connection with such User Content, in any and all media now known or hereafterdiscovered, in connection with the Platform (including, without limitation, the operationthereof and the provision of the tools, products, services, functionalities and/or featuresoffered in connection therewith), the advertising, marketing, promotion, publicity, andmerchandizing of the Platform and any products and services related thereto, and to identifyyou as the source of your User Content. We reserve the right to cut, crop, edit or refuse topublish, the User Content at our sole discretion or at the sole discretion of Our authorisedthird-party.
The rights granted in herein include, but are not limited to, the right to reproduce the UserContent and publicly perform and communicate to the User Content on a royalty-free basis.This means that You are granting Us the right to use Your User Content without theobligation to pay royalties to any third party, including, but not limited to, any copyrightholder, copyright society, music publishing companies or any other participant involved in thecreation of User Content.
You hereby represent and warrant to Us that: (a) all User Content uploaded by You onto thePlatform is your original work of authorship for which You are the sole and exclusive owner,or that You have obtained all licenses, consents, releases, and other permissions from theapplicable third party owner thereof as may be necessary to grant Us the license of the UserContent in and to such User Content hereunder, and (b) there is no violation of anyapplicable laws or the rights of any third party, including, without limitation, any right ofpublicity, right of privacy, copyright, patent, trademark, or other intellectual property right orany proprietary right by the use of the User Content by Us or any other user’s orsublicensee’s use of the User Content as permitted hereunder.
We may create or license from third parties the Platform Content or obtain User Content fromother users of the Platform that may be similar or identical to Your User Content. You agreeand acknowledge that You shall have no recourse against Us for any alleged or actualinfringement or misappropriation of any proprietary or other right in or related to the UserContent you provide to Us.
If You only own the rights in and to a video recording/sound recording, but not to theunderlying musical works embodied in such video recordings/sound recordings, then Youmust not post such sound recordings/video recordings to the Services unless You have allpermissions, clearances from, or are authorised by, the owner of any part of the UserContent to submit it to the Services.
We are bound by the licensing agreements with the copyright holders in order to makeavailable music/sound recordings in the Platform for rendering Services to You through thePlatform. Therefore, we recommend You using the music/sound recording in your video forthe shorter clips of music and that there should always be a visual component to Your videoand the recorded audio should not be the primary purpose of Your video. No rights are licensed with respect to sound recordings and the musical works which areavailable in the Platform that are made available from or through the service and which areembodied in the User Content.
You acknowledge and agree that We may generate revenues, increase goodwill, orotherwise increase our value from Your access to Platform and/or Your use of the Services,including, but not limiting, through the sale of advertising, sponsorships, promotions, usage,and transfer of Registration Data. You agree that (a) You will have no right to in suchrevenue, goodwill, or value of whatsoever nature (b) You will have no right to receive anyincome or other consideration from any User Content or your use of any musical works,sound recordings or audio visual clips made available to You on or through the Services,including in any User Content created by you, and (c)You are prohibited from exercising anyrights to monetize or obtain consideration from any User Content within the Services orthrough any third party service such as other social media platforms.
The Platform may contain advertising and sponsorships. We will not be responsible for theillegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts oromissions of advertisers and sponsors.
Whenever you access or use the feature in the Platform that allows you to upload or transmitUser Content via certain third-party social media platforms such as Instagram, Facebook,YouTube, Twitter, You may also use graphics, stickers and other elements provided by Usas part of Services onto the User Content and transmit this User Content through theServices or through any other third-party social media platforms. You must comply with thestandards set out in “Platform Access to and Use of Services” under Clause 3 of this Termsof Use. These features may not be available to all users of the Services, and We have noliability to You for limiting your right to certain features of the Services.
You waive any rights to prior inspection or approval of any marketing or promotionalmaterials related to such User Content. You also waive any and all rights of privacy, publicity,or any other rights of a similar nature in connection with your User Content, or any portionthereof. To the extent any moral rights are not transferable or assignable, You hereby waiveand agree never to assert any and all moral rights, or to support, maintain or permit anyaction based on any moral rights that You may have in or with respect to any User ContentYou upload to or through the Services. We also retain the right to disclose Your identity toany third-party who is claiming that any User Content created or uploaded by You to OurServices constitutes a violation of their intellectual property rights or of their right to privacy
You acknowledge and agree that We are not under any obligation to monitor User Contentposted on the Service and cannot and does not take any responsibility for such UserContent. Further, We do not endorse, support, or guarantee the completeness, accuracy orreliability of any User Content or communications posted via the Platform or opinionsexpressed therein. Use of or reliance on any User Content or materials posted via thePlatform or obtained by You through the Platform is at Your own risk.
We may establish general practices and limits concerning use of the Platform, includingwithout limitation the maximum number of days that User Content posted to the Platform willbe retained by, or made available through, the Platform, and the maximum storage spacethat will be allotted on Our servers on Your behalf. We have no responsibility or liability forthe blocking, deletion, or failure to store any User Content maintained or transmitted by thePlatform. You acknowledge that We reserve the right to change these general practices andlimits at any time, in its sole discretion, with or without notice to You.
We believe in showcasing our Platform and the content generated under it with mutualrespect to intellectual property rights of You, Us and other third parties. By accessing ourPlatform and using the Services, you agree to our IP Policy.
You represent and warrant that:
WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FORANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THEPLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OROTHER ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDEDHEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER US NOR OUR AFFILIATES ORLICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTEDOR THAT THE PLATFORM WILL BE ERROR-FREE, OR THAT DEFECTS WILL BECORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR WE MAKE ANYWARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEPLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESSOR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDEDTHROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NEITHER USNOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT,WHETHER ONLINE OR OFFLINE, OF ANY USER. WE, OUR AFFILIATES ANDLICENSORS DO NOT WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES,WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS AND DO NOTGUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BEMISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALLOR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS ATANY TIME WITHOUT NOTICE.
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, LICENSORS, OR ANY OFSUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATEPARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTIONWITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OFTHE POSSIBILITY OF THE SAME INCLUSING BUT NOT LIMITED TO ANY LOSS OFPROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OFGOODWILL, ANY LOSS OF OPPORTUNITY, ANY LOSS OF DATA SUFFERED BY YOU.
WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURREDBY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THECOMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS ARESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANYADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE,ANYCHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT ORTEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURESWITHIN THE SERVICES) THE DELETION OF, CORRUPTION OF, OR FAILURE TOSTORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED ORTRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TOPROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TOKEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC ANDPRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIALOR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OFPROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION,BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BYFOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OFCHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLYFOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUMSYSTEM REQUIREMENTS ADVISED BY US.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOURUSE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANYTHIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAYOF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHERUSER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOUIRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS,DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND ANDNATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTEDWITH SUCH DISPUTES.
Any complaints, abuse or concerns with regards to the use, processing and disclosure ofInformation provided by you or breach of these terms or any applicable law should immediately be informed to the designated Grievance Officer mentioned below:
Asha M Sait
We shall be relieved of all Our responsibilities, if any, in the event of failure of performanceresulting directly or indirectly from an act of force majeure or causes beyond our reasonablecontrol including, without limitation, acts of god, war, equipment and technical failures,electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, epidemics, pandemics, lockdown(state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performanceof third parties, or any reasons beyond Our reasonable control. You further acknowledgeand agree that We are not responsible or liable for (a) any incompatibility between thePlatform and any other website, service, software, or hardware or (b) any delays or failuresYou may experience with any transmissions or transactions relating to the Platform in anaccurate or timely manner.
All notices shall be given to us via email at email@example.com, or to you at eitherthe email or postal address You provide.