Last Updated On: May 3, 2022

Please read these terms of service and privacy policy (“Terms”) carefully as they govern the access and use of our website www.eitherview.com (“Website”) (“Services”). By using Either View’s Services, you are agreeing to all the terms below. The Website is operated by Either View Media Private Limited (“Either View”).

“You” or “Your”, refers to you, the subscriber of the Services. You agree to comply with these Terms and any supplemental terms which Either View makes available to you on the Services which shall form part of the Terms. By accessing, using or uploading or downloading any information or materials to or from the Services, or by indicating your assent to these Terms by creating an account, clicking “sign up” or “subscribe” or any similar mechanism, you are agreeing to these Terms. If you do not agree to these Terms, do not access or use the Services. The Company reserves the right to modify the Website or the terms and conditions at any time without prior intimation and such modified content or terms will become effective immediately upon posting to the Website. The onus of reviewing the terms and being informed on any change is on You as the user.

1. Use of the Services and Your Account

1.1 Who can use the Services

You must be at least 18 to use our Services. No individual under these age limits may use the Services, provide any personal data to us, or otherwise submit personal data through the Services (e.g., a name, address, mobile number, or email address).

1.2 Registration

To use the Services, you must register with us on our Website. You agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the data provided. You agree our Services may use your data to enable us to provide services that you access or use and as otherwise set forth in these Terms. If you provide any data that is inaccurate or not current, or we have reasonable grounds to suspect that such data is inaccurate or not current, we have the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction. You may visit the Website without registering with us, however, some portions of the Website and our Services may be accessible by subscription only. 

1.3 Your Account

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices.

As part of the Service, we may collect the following essential customer information including: name, email address, phone number, address, age, payment related information. The contact information is only used for purposes provided in the privacy policy. Provide us with a secure email address that you can access regularly, as this will be our primary means of contacting you in case of any technical difficulty. 

1.4 Service Updates, Changes and Limitations 

Our Services are constantly evolving. With the launch of new services and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. We may also update our Services.

The Services change frequently, and their form and functionality may change without prior notice to you.We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). 

 1.5 Security 

We care about the security of our users. While we work hard to protect the security of your personal data, user-generated content, and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify our support team immediately of any actual or suspected breach or unauthorized access or use of your account. 

2. Ownership and Use of Content

All contents on the Website including the content, photographs, statements, opinions, views, design, layout, graphics, art work, logos, software etc are protected by copyrights, trademarks and other intellectual property rights which are owned by or licensed to us. The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to content. We reserve the right to terminate or restrict your access to the Website if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person’s rights or violate these Terms.

You acknowledge and agree that your personal information can be stored and used by Either View or any other associated company in accordance with the privacy policy. 

3. Contributed Content

As part of the Services, we also allow and encourage our subscribers to provide their opinions, post any comments or views. In the course of uploading any post or comment on the Website, you shall not post any content that is unlawful, abusive, harmful, defamatory, harassing, vulgar, obscene, hateful, profane, racial, ethnically or otherwise objectionable material of any kind, including but not limited to any material that would constitute an offence, harms or threatens the safety of other users of the Website and/or Services, threatens the unity and integrity of India, advertisements or solicitations of any kind, impersonation posts, unauthorised posting of copyrighted or private information or posting of false information. We reserve the right to monitor and remove any such posts and terminate your Services immediately. This determination of whether any content constitutes prohibited content, violates these Terms, or is otherwise abusive, illegal or disruptive, is subject to the sole determination of Either View.

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Either View  a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send us any Feedback that you do not wish to license to us as set forth above.

4. No Warranties

All content on the Website is for general information and entertainment purposes and there are no representations, warranties, express, implied, statutory or otherwise, regarding any matter, including any implied warranties or conditions of quality, safety, legal compliance or fitness for a particular purpose. No content posted on the Website forms or will form any advice, recommendation, representation, endorsement by Either View. Any transactions, agreements or other arrangements made by you with any third person named or based on the content of the Website is at your own risk and responsibility and will be subject to such third party terms and conditions. To the maximum extent permitted by applicable law, we also make no representations or warranties of any kind with respect to content; user-generated content, in particular, is provided by and is solely the responsibility of the users providing that content. The Company disclaims all warranties to the fullest extent and makes no warranties about the accuracy, reliability, completeness of the Website, Services or any content therein. The Website, Services and the content therein is provided on an “as-is” and “as available” basis.

5. Limitation of Liability

We do not endorse any content submitted/ provided by you or any other user on our Services.  Either View specifically disclaims any responsibility to any person or entity for any loss, damage (including whether actual, consequential, indirect or punitive) claims, liability based on any content or Services we provide. We’re not liable for various things that could go wrong as a result of your use of the Services. In any event, our liability to you is limited to any amounts we received from you for provision of the Services.

6. Indemnity

You agree to indemnify, defend and hold  Either View and its affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your post or seek to post on the Services, your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity.

7. Dispute Resolution

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. Parties to this agreement will submit all disputes arising under this agreement to arbitration in Bangalore. The arbitrator’s award shall be binding on the parties. This dispute resolution provision will be governed by the Arbitration and Conciliation Act, 1996. Subject to arbitration, the courts of Bangalore shall have jurisdiction over all disputes arising out of your use of our Services.

8. Contact Us

If you have any questions, concerns, or comments about our Terms of Use, please kindly email us at [email protected]