Terms and Conditions
TERMS & CONDITIONS
The Budding Times is a registered trademark of Farmfields Private Limited, a company incorporated under Indian company law, having its registered office at [124A ML Nehru Road, Kolkata] (“Company”). The domain name www.thebuddingtimes.com is owned by the founder of Farmfields Private Limited - Mr. Amit Gupta, who has assigned/ licensed the domain name to Farmfields Private Limited. The Company is the owner of the website (The Budding Times) and the mobile app (Budding Times)/ [has the exclusive right to use the website (The Budding Times) and the mobile app (Budding Times)]. Set out hereinafter are the terms and conditions of use of the website and the mobile application ‘Budding Times’ (together the “Platform”) made available by the Company.
The Company seeks to offer a platform to young minds to contribute their original creation in the form of articles, poems, plays, essays, research to the Platform, which is accessible for public viewing. The Platform also serves as a medium for the contributors to interact and exchange ideas with other registered users of the Platform.
The Company reserves the right to vary, modify or amend the Platform Terms from time to time and any other documents incorporated by reference herein at any time, without notice. If you continue to access or use the Platform, you are deemed to have accepted such variations. If there is any conflict between these Platform Terms and the terms and conditions of the app store provider, then these Platform Terms shall prevail.
Use of Services
The Company anticipates most of the users of the Platform to be less than 18 years of age. Accordingly, the user who is less than 18 years of age shall be permitted to access and use the services rendered by the Company with the consent of his/ her legal guardian, who shall be and absolutely responsible for ensuring adherence to the Platform Terms by his/ her ward.
The Company hereby grants you a non-exclusive, non-transferable, revocable licence to use the Platform for your personal, non-commercial use and only on a device as permitted by the applicable app store and in accordance with the Platform Terms. All other rights in the Platform are reserved by the Company.
In the event of your breach of the Platform Terms, the Company will be entitled to terminate the licence immediately.
You acknowledge that you may be charged by the network provider for data services while using certain features of the Platform or any such third-party charges as may arise and you accept responsibility for such charges.
As a prerequisite for availing services rendered by the Company and for being considered eligible for entering into a contract with the Company for availing of its services you would be required to become a member by creating a password protected online account on the Platform. You undertake to not misrepresent or impersonate yourself as another user of the Platform and/ or the services offered through the Platform. However, no registration is not a prerequisite for merely browsing and accessing the Platform.
During the period you continue to maintain the online account with the Company, you shall maintain accuracy of the information shared with the Company and shall also forthwith inform the Company regarding change in any information previously submitted, failing which you shall be deemed to have mislead or concealed information from the Company, which may result in suspension or termination of your membership by the Company.
Ownership of Content and Editorial Right of the Company
The Company merely hosts the Platform for the benefit its users to submit works of their original creation for the users of the Platform without charging any compensation whether in the name of any fee, royalty or any charges. The Company neither creates the content nor claims any ownership over the content submitted by its users. Hence, the Company cannot assure or guarantee the quality, veracity or genuineness of the content published on the Platform, notwithstanding its stringent internal editorial controls. Consequently, the Company disclaims any liability regarding the genuineness, veracity, quality, ownership etc. of the content accessed by the users on the Platform.
The Company does not provide any creative or research inputs to the users; however, the Company may edit the content to correct clerical errors or to meet the word limit count or the Platform layout requirements. The Company reserves the right to remove words or the content or any part thereof, in case the content does not meet the editorial standards of the Company or if objections are brought to the knowledge of the Company, which in the opinion of the Company deserves its intervention. The Company reserves the sole discretion to publish, edit or subsequently edit or remove the content submitted by the user without any prior notice to the user.
The user acknowledges that the Platform is an apolitical and secular forum intended to encourage creativity and scientific temperament amongst its users. The users shall not submit any content or post any comment, which is discriminatory in nature, for example, on discriminatory on the grounds of religion, race, caste, sex or place of birth. The Platform does not serve as a medium to promote any political, religious, social or cult ideology. The Platform cannot be also used to directly or indirectly agitate any political or social cause. Furthermore, the Platform cannot be used for any promotional or marketing activity.
The user agrees that mere submission of content with the Company does not entitle the user to have his/ her content published on the website. The Company shall not be liable to give any compensation or damages to the user, in case the Company refuses to publish, modifies or removes the content of the user from its Platform.
The user further affirms that the content submitted for publication on the Platform is his/ her work of original creation and does not infringe or claims ownership over someone else’s work.
Consent to Store User Information
You hereby represent that the information, including sensitive personal information shared by you through the Platform, whether at the time of opening of the online account or thereafter, during the period you maintain an online account with the Company, is owned by you or have absolute legal right to share the same with the Company. You, therefore, grant unqualified permission to the Company to collect, store, use or dispose any information submitted by you with the Company as per the terms and conditions agreed herein.
Right to Use Member Information
The Company does not claim ownership of the contents submitted by You on the Platform. You agree that information shared by you on the Platform from time to time, except sensitive personal information and contact details (unless specifically permitted by you) may be accessible by third party. You agree that the information has been shared on a non-proprietary and non-confidential basis. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any content shared by you to or through the Platform. You further, agree that the Company shall be free to use or disseminate such content on an unrestricted basis for the purpose of providing the services.
You may remove your submitted content from the Platform at any time. If you choose to remove your submitted content, the license granted above will automatically expire.
The Platform may contain links, plugins or promotions to other sites or resources on the internet that are owned or controlled by third parties. These links are provided solely for improvement, promotion, marketing of services rendered by the Company and do not constitute an endorsement or recommendation by the Company, its affiliates of such third-party site, resources, content, products or services offered therein. Any concerns regarding the foregoing should be directed to the relevant third party and the Company shall not be liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third party linked content, plugin or promotions. You further acknowledge the Company does not assure continuity of hosting of third-party link, plugin or content on its Platform and reserves the right to remove content of third parties without any prior notice to you. In the event you are directed to any third-party platform, the terms and condition of your relationship with such third party shall be governed by the terms and conditions of use of such third party on a principal to principal basis without creating any agency relationship between you and the Company.
License to Use Intellectual Property
Unless otherwise specified, the Company name and logo, copyright and all intellectual property rights in all material presented on the Platform (including but not limited to text, audio, video or graphical images, data), trademarks and logos appearing on the Platform are the property of the Company, its parent, affiliates and associates. Other trademarks, service marks, graphics and logos used in connection with the Platform are the trademarks of their respective owners. You shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content available on the Platform, in whole or in part. Further, you shall not upload, post or otherwise make available on Platform any material protected by copyright, trademark or other proprietary right without the express permission of the Company and the owner of the copyright, trademark or other proprietary right, if applicable. The burden of determining whether any material is not protected under applicable law solely rests with the Company. You would be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
You are encouraged to write to the Company regarding your complaints, suggestions and feedback in respect of the contents on the Platform, the services offered by the Company or your experience as a member in the feedback / service request / other option in the mobile app or by email to email@example.com, instead of publishing it at the first instance on any social media platform. You further agree to not post or publish anything libellous, disparaging, unlawful, or anything, which violates any law, third-party rights or these Platform Terms on any social discussion forum of the Platform.
You agree not to use the Platform in any way that:
· is unlawful, illegal or unauthorised;
· is defamatory of any other person;
· is obscene or offensive;
· promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age etc.;
· infringes any copyright, database right or trade mark of any other person;
· is likely to threaten, defame, harass, upset, embarrass, alarm or annoy any other person;
· is likely to disrupt our service or online account or system of any other user, in any way; or
· advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Right to Remove Content or Delete Online Account
- Company may at its sole discretion and without giving any prior notice, remove any content or information published by you on the Platform, which in the opinion of the Company violates these terms and conditions.
You agree to indemnify the Company for any breach of these Platform Terms. The Company reserves the right to control the defence and settlement of any third-party claim for which you shall indemnify the Company under these Platform Terms and you shall assist us in exercising such rights.
The information shared by you on the Platform, including the sensitive personal information shall be strictly utilised in accordance with the Platform Terms and such other terms as may be mutually agreed between you and the Company. Without prejudice to the foregoing, the Company shall store and utilise your information, including the sensitive personal information in accordance with applicable Indian laws. You, acknowledge that the Company may disclose your information including sensitive personal information if required under law or for enforcement of its rights under the agreement entered into between you and the Company for availing the services officer by the Company.
The Company may change or discontinue the Platform at any time without prior notice. The Company reserves the right to suspend, downgrade or terminate your online account for any reason, without notice. Upon suspension or termination of your online account, including in case you chose to terminate or delete your online account, you shall immediately stop using the Platform.
These Platform Terms are agreed between You and the Company. No third person shall have any rights under or in connection with these Platform Terms under any applicable laws. You shall not assign, transfer, sub-contract or novate any of your rights and obligations agreed herein to any person without prior written consent of the Company.
If you have any questions regarding the Platform, you can email us at firstname.lastname@example.org