Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of [www.vprosper.in] website (“Platform”) for mobile and handheld devices.

SECTION 1: TERMS OF USE

1. These terms of use (the ” Terms of Use“) govern your use of our Platform. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform. By even merely using the Platform, you shall be contracting with RMPL and you signify your acceptance to the Terms of Use and other RMPL policies (including but not limited to the Privacy Policy and Cookies Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
2. The Platform is operated and owned by Rejoice Media Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at House No 813 Sector 17, Urban Estate Jagadhri, Yamuna Nagar, Haryana- 135003, India. For the purpose of these Terms of Use, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to use, upload, participate on the Platform by either providing/ not providing registration data while registering on the Platform as a registered user using any computer systems. The terms “RMPL“, “we“, “us” or “our” shall mean Rejoice Media Private Limited.
3. RMPL may, in its sole discretion, modify these Terms from time to time, and You agree to be bound by such modifications. Although we may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version which shall always be accessible from the homepage of the RMPL website. If You do not agree to the modified Terms, Your only recourse is to stop using the RMPL Service. Your continued use of the RMPL Service after the date the modified Terms are posted will constitute Your acceptance of the modified Terms.
4. You shall not use the RMPL Service if (a) You are not of legal age to form a binding contract with RMPL, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the RMPL Service under the laws of the country in which You are resident or from which You access or use the RMPL Service.
5. If You are not an individual, You represent to RMPL that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, Creator-ship, association or other entity in whose name You using or accessing the RMPL Service.

SECTION 2: DESCRIPTION OF THE RMPL SERVICE

RMPL is an original, free video hosting website that enables users to access, view, upload, store and share Content (for brevity, the term “Content” shall mean all such audio, videos, or any such content uploaded by RMPL, or any other such parties authorized by RMPL). The RMPL Service is made up of the RMPL website, the RMPL Player (for brevity, the term “RMPL Player” shall mean the code which enables you to play the Content on our Platform) that is embeddable onto any website, the Platform as accessible via any current or future device capable of distributing the Content, and more generally any RMPL products, content, channels, software, data feeds, services and functionality (“RMPL Service”).

By accessing and/or using the RMPL Service, without being logged into RMPL Account, You will be hereinafter a “Visitor.” As a Visitor, You will only have the ability to access, view or share Content available on the RMPL Service, but will not be able to benefit from all the other features available on the RMPL Service. A “RMPL Account” means the Content storage space on the RMPL Service which is dedicated to a Viewer or a User RMPL Service that can be created by signing up for a RMPL Account.

If You want to be able to access some other features of the RMPL Service, You will need to first create a RMPL Account and have your email address validated. You will then be a “User”, being though agreed that after having created Your RMPL Account and until You have validated Your email address according to the process defined below, You will be a “Viewer” and will not be able to access the other features of the RMPL Service.

Information provided by You to create Your RMPL Account must be accurate and complete. In order for RMPL to verify that the email address You provided is valid, You will receive an email from RMPL asking You to validate Your email address.

By creating a RMPL Account, You agree that You alone will be responsible (to RMPL and to others) for all activity that occurs under Your RMPL Account. The user id and password which are necessary to access the RMPL Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential.

As a User, You will also have the ability to access some more additional features from the RMPL Service, and if and when you have accepted the terms of the RMPL Creator Program.

SECTION 3: OUR INTELLECTUAL PROPERTY RIGHTS

We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the RMPL Service, which right is conditioned on Your compliance with the Terms.

The content included on or accessible through the RMPL Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the RMPL Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “RMPL Content”), is the exclusive property of RMPL and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.

RMPL Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of RMPL or RMPL’s licensors. You agree to not use or exploit the RMPL Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any RMPL Content.

All rights not expressly granted in the Terms are reserved to RMPL and its licensors.

SECTION 4: OUR LIABILITY AS HOST

In its capacity as a web hosting service provider, RMPL is under no legal obligation to monitor content uploaded on the RMPL Service, nor obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its RMPL Service to any infringing content once having been notified of its existence.

You agree that Your use of the RMPL Service shall be at your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the RMPL Service and more specifically for Your safety, and (ii) the protection of its computer hardware against any virus or interruption.

You acknowledge and agree that the RMPL Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, the functionality, and/or the RMPL Player), on and through which the  Content will be distributed is provided “AS IS” without warranty, provided that RMPL may enhance, modify and update the RMPL Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the RMPL Service.

RMPL, its affiliated companies, officers, directors, employees, agents, vendors and suppliers (the “DM Parties”) disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the RMPL Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity You may encounter on the RMPL Service. The DM Parties make no warranty or representation that the RMPL Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of the content and/or any limitations on Your or any other Visitors ability to access, view or use content, or that any information obtained from the RMPL Service will be accurate or reliable.

RMPL shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the RMPL Service, (ii) or any default of its obligations caused by force measures or an unintentional cause. Unless otherwise stated herein, RMPL does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose.

Nothing herein shall exclude or limit RMPL’s liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, RMPL shall not be liable for: (a) any indirect or consequential losses which may be incurred by You. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; (b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the RMPL Service; (ii) any changes which RMPL may make to the RMPL Service, or for any permanent or temporary cessation in the provision of the RMPL Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the RMPL Service; (iv) Your failure to provide RMPL with accurate account information (v) Your failure to keep Your password or your accounts details secure and confidential.

The limitations on RMPL’s liability defined in this section shall apply whether or not RMPL has been advised of or should have been aware of the possibility of any such losses arising.
Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.

SECTION 5: RESTRICTIONS RELATED TO YOUR USE OF THE RMPL SERVICE AND ITS RELATED TECHNOLOGIES

RMPL reserves the right to decide in its sole discretion whether Your RMPL Account and/or Your use of the RMPL Service violates these Terms for any reasons any other applicable laws. Failure to comply with these Terms may result in (i) Your RMPL Account being deactivated and/or (ii) your use of the embeddable RMPL Player being blocked and/or (iii) any elements or data related to Your RMPL Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the RMPL Service, without prior notice. In addition, RMPL reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.

You warrant that Your use of the embeddable RMPL Player shall not be made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without authorization from the applicable rights owner or (ii) resale of any kind of the RMPL Service or (iii) any unauthorized third party contests or (iv) synchronization of the underlying musical composition that might be embodied in the content displayed through the embeddable RMPL Player or any other use with any visual media output. You also shall not modify, build upon or block any portion or functionality of the RMPL Player including but not limited to links back to the RMPL website. By embedding the Content and/or other user’s content through the embeddable RMPL Player on any website or applications, You warrant that You have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.

You agree not to alter or modify any part of the RMPL Service (including but not limited to the RMPL Player and its related technologies).You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the RMPL Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the RMPL Service or the content accessible via the RMPL Service. You agree not to collect or harvest any personal data of any Visitor, Viewer, User of the RMPL Service and to not use the RMPL Service) for the solicitation of business in the course of trade or in connection with a commercial enterprise.

You agree not to use the RMPL Service and any of its related technologies (including without restriction the RMPL Player, the website) for any commercial use unless You obtain RMPL’s prior written approval, in particular any of the following uses: (i) the sale of access to the RMPL Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the RMPL Service or content or RMPL Player.

You agree not to access content hosted on the RMPL Service for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the RMPL Service, and solely for Streaming purposes. “Streaming” means a digital transmission of an audiovisual work from the RMPL Service to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor. Accessing a RMPL user’s content for any purpose or in any manner other than Streaming and personal use is expressly prohibited. If You wish to use another user’s content for any other purpose, in particular for commercial use, You are solely responsible for obtaining the necessary advance authorization. You agree and shall indemnify and hold RMPL- harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalty, or other charge (including reasonable attorneys’ fees and all other cost of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) Your violation of the Terms or any other policy of RMPL; (ii) Your use of the RMPL Service; and (iii) Your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.

 You acknowledge and agree that some other Creators are third party beneficiaries of these Terms and as such they may have the right to enforce these Terms against You as a third party beneficiaries of these Terms.

SECTION 6: REPORTING PROHIBITED CONTENT

RMPL has established an easily accessible means of allowing anyone to notify it of the availability of infringing content or illegal content and/or activity on the RMPL Service. Such processes to notify RMPL of prohibited content are described in detail at the following URL: [LINK FOR COMPLAINT].

If You notice infringing or illegal content and/or activity on the RMPL Service, You can report it to us at any time by contacting us via the form available from the homepage of the RMPL website.

SECTION 7: DATA AND PRIVACY

The records of RMPL are stored on our systems in accordance with standard safety practices and applicable laws. The RMPL records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the RMPL Service, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.

The RMPL Service may contain links to websites operated by other entities (a “Linked Site“). If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements.RMPL has no responsibility to You with respect to any Linked Site, and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by RMPL.

RMPL takes very seriously Your privacy and the protection of Your personal data, collected and processed in connection with Your use of the RMPL Service. If You want to find out more about the personal data collected, how we collect them and the related processes, You can check our Privacy Policy available at any time on the RMPL website.

SECTION 8: MISCELLANEOUS

You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the RMPL Service or any of its features, whether or not if you are a Visitor, a Viewer, a User or a Creator. For the sake of clarity, watching videos from the RMPL Service, exporting the RMPL Player, and/or maintaining a RMPL Account are all deemed to be uses of the RMPL Service.

Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.

You agree that any dispute between You and RMPL arising out of or relating in any way to these Terms or Your use of the RMPL Service shall be interpreted in accordance with the laws of India, without reference to its conflicts of laws, and notwithstanding multiple defendants or third party claims. You also agree that any claim or dispute between You and RMPL shall be decided by a court of competent jurisdiction located in Hyderabad.

These Terms of Use constitute the entire agreement between RMPL and You with respect to the RMPL Service and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and RMPL with respect to the RMPL Service.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.

You agree that RMPL may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the RMPL Service.

If one or more provision of the Terms is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other conditions of these Terms will remain in force.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.