terms and conditions

 
Terms & Conditions


Thank You for using Vebbler!

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 electronic record is generated by a computer system and does not require any physical or digital signatures.

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 and conditions or user agreement for access or usage of www.vebbler.com website. This document shall also govern the access and use of the mobile application ‘Vebbler’ run by Vebbler Technologies Private Limited ('Vebbler'), a company incorporated under the laws of India.

These Terms ("Terms") contains rules and regulations, policies and terms and conditions and agreement applicable to any Person who may access or use www.vebbler.com, including any sub domains, web pages or extension of www.vebbler.com and telecommunication media like SMS, email, phone calls, Mobile App etc (together the “Platform”) and you hereby agree and acknowledge to be bound by these Terms.

Vebbler’s products and services are provided by Vebbler, located at #3423, 10 th Main Road, 3 rd Cross Lane, 2 nd Stage, Indiranagar, Bengaluru 560038.By accessing or using the Vebbler website, the Vebbler Service or any applications (including mobile applications) made available by Vebbler, however accessed, you agree to be bound by these Terms. These Terms govern your access to and use of the Platform for services like photo sharing, video sharing, including creation of groups and clubs and that of any products and services offered by Vebbler (“Services”). Please read these Terms carefully, and by accessing or using our Services, you agree to be bound by these Terms, by our Privacy Policy and our Community Guidelines. Kindly note that you may access and/ or use Vebbler and/or its offered products and/ or services only if you hereby accept to our Terms, Privacy Policy and our Community Guidelines if any stipulated herein.

  1. Who Can Use Vebbler

  2. It is agreed that currently, you can only use Vebbler as an individual for personal use. You cannot create an account on behalf of your business, company, organization or any other entity. Vebbler does not allow you to use your account for any commercial activity/s including, but not limited to promotion of any goods and/ or services, posting advertisements and/or posting content with a motive of earning profit and/or doing any sort of business of any nature on Vebbler. Some of our Products may be in form of software that is downloaded to your computer and you agree that we may automatically upgrade those Services from time to time, and these Terms, Privacy Policy, our Community Guidelines (Vebbler’s User Conduct Policy) with certain modifications will apply to such upgrades.

  3. Your Vebbler Account

  4. By signing up for a Vebbler account, you hereby acknowledge and agree that:

    1. You should be at least 13 years of age while opening an account with Vebbler. Vebbler shall not be liable in case of false information being given about the age by the User and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the law of the country to which the user belongs and as per applicable Indian law. If you are less than 18 years, you hereby acknowledge and agree that your natural or appointed guardian has permitted you to sign up and use the Services.

    2. You will create an account only for yourself and not on behalf of another individual.

    3. You will not create more than one personal account.

    4. You will not impersonate yourself to be someone else. Vebbler disclaims all liability arising out of such impersonation.

    5. You will not create another account while your account has been suspended by us or if we have terminated your account.

    6. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

    7. You will provide us with accurate, current and complete information about yourself and will keep this information up-to- date at all times. If Vebbler has a reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Vebbler reserves the right, in its sole and absolute discretion, to suspend or to terminate your Account.

    8. You will not create an account if you are a convicted sex offender.

    9. You further agree and acknowledge that you are solely responsible for maintaining the confidentiality of your password and/or your account and for restricting access to your account by setting privacy settings so that save and except those users /s whom you allow to view your account no other User/s can view the same. You will neither allow anyone else to use your account nor allow anything that might jeopardize the security of your account. For further information, kindly refer to our Privacy Policy.

    10. You will not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, threatening, pornographic or sexually suggestive photos or other content which may incite violence or disturb the peace and integrity of any country including India via the Service.

    11. You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's financial information or identification numbers or copies that would lead to infringement or violation of other people’s rights or privacy or anything in violation of law.

    12. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, other works, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

    13. You will not use the Platform or the Services to do anything unlawful, illegal, malicious or misleading.

    14. You will not encourage or cause any other user to violate the Terms, Community Guidelines, Privacy Policy and Fair User Policy and other agreement or terms incorporated herein.

    15. It is agreed by you that if in the event your password is hacked and/or leaked and/or if your password is disclosed to anyone else Vebbler shall not be liable in that case. For the safety of your account information Vebbler advises you to change your password frequently. In case you access Vebbler through a cyber café or a public computer, Vebbler advises you to always sign out and change your password immediately as the same may get hacked or leaked out.

    16. Vebbler reserves right to terminate your account and deny access of Vebbler to any person who violates these Terms and/or Privacy Policy and/or Community Guidelines

    17. In the event you refuse to accept these Terms and/ or Privacy Policy and/ or Community Guidelines you shall stop using Vebbler immediately.

  5. Advice

  6. It is agreed by you that no oral or written information or advice provided by Vebbler, its officers, employees, or agents will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to the Platform or the services found at the Platform, and users should not rely on any such information or advice for making any decision or abstaining from making any decision.

  7. Licence

  8. Vebbler gives you a personal, worldwide, limited, royalty-free, non-assignable, non-transferable, non-exclusive and revocable license to use the software provided to you by Vebbler as part of the Services. This license is only for the purpose of enabling you to use and enjoy the Services provided by us, in the manner permitted by these terms. Upon termination of your account, all licenses and other rights granted to you in these Terms will immediately cease.

  9. Your Content In Our Services

    1. Vebbler’s Service allows you to post and share content, including photos, videos, text and links (“User Content”). You retain all rights in, and are solely responsible for, the content you post on Vebbler.

    2. You grant Vebbler and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to use, host, store, display, reproduce, repost, communicate, publish, modify, create derivative works, perform, and distribute your User Content, when you upload or post User Content on Vebbler.

    3. You acknowledge and agree that you give the aforesaid rights to Vebbler solely for the purposes of operating, developing, providing, and using the Vebbler Services.

    4. These Terms shall not restrict other legal rights Vebbler may have with regard to the posting of User Content. Vebbler has right to remove or delete the User Content for any reason whatsoever if Vebbler is of the opinion that User Content posted or uploaded on Vebbler violates these Terms or our Privacy Policy and other policies. This license continues even if you stop using our Services.

  10. Monitoring Of Content

    1. Vebbler may monitor any User Content if we have good reason to believe that a person is violating our Terms, Community Guidelines or Privacy Policy.

    2. If any content posted by you or by any other User on your page on Vebbler does not comply with these Terms, Community Guidelines or Privacy Policy and nor does it comply with the Information Technology Act, 2000 any act or any other Law for time being in force in India, then Vebbler may remove such content at its sole discretion.

    3. If Vebbler has a reason to believe that the User is a repeat offender, then Vebbler may also terminate a User’s access to the Platform. If Vebbler terminates your access to the Platform and the Service, Vebbler may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers and you agree and acknowledge that you shall not hold Vebbler responsible and/or liable for removing or deleting such information.

  11. Mobile and other devices

    1. By using the mobile App of Vebbler, you provide consent and all rights necessary to enable you to sync your mobile device or any other device with any information that is visible on Vebbler.

    2. Vebbler’s mobile App is currently free, but you may need to pay the carrier’s regular rates and fees and data charges as applicable.

  12. While Using Vebbler

  13. You acknowledge and agree that:

    1. You will comply with the Information Technology Act, 2000 or any other law for the time being in force in India and all other local, state, national and international laws, rules and regulations of the country of which you are a citizen and/or country in which you are accessing Vebbler, while uploading any content including but not limited to photos, videos, status’ or comments.

    2. You must not attempt to restrict another user from using or enjoying the Service and you must also not encourage or facilitate violations of these Terms, Privacy Policy, or the Community Guidelines,

    3. You agree and acknowledge that you shall not promote, engage or encourage any illegal activity, cyber terrorism, Obscenity, pornography, fraud or misrepresentation arising from such content or shall not post any content contrary to India Law or infringement of copyright of Vebbler or any users, invade the privacy of other users, and their publicity rights. In case of breach of any of terms aforementioned Vebbler shall not be responsible and/or liable and Vebbler shall reserve a right to remove such content/s at its sole discretion.

    4. You agree that you will not solicit, collect or use the login credentials and/or personal information of other Vebbler users.

    5. You agree and acknowledge that you shall not interfere with the operation of Vebbler or its services or commit any act which will upload or transmit any virus, worms, bugs, trojans or any other harmful content which will descript or damage the functionality of Vebbler or its software.

    6. You also agree that you shall not de script or interfere with or harm or violate the security of Vebbler or any of its services, system resource, source code, accounts, passwords or networks connected to or accessible through Vebbler or any linked sites, if any.

    7. You must not create or submit unsolicited email, comments, stars or other forms of commercial or harassing communications or spams to any Vebbler users.

    8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Vebbler.

    9. You will not use any code language or deceptive language that will lead to suspicion. In case Vebbler feels that a language is deceptive or coded, Vebbler shall at its sole discretion, intimate to the Cyber Crime Department or other teams of the relevant State police.

    10. You agree to take back-up of all your User Content so that you can access and use it when needed. Vebbler does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

    11. You shall not post any objectionable content or comment which is defamatory or any information that is grossly offensive or has menacing character; or any information which you know is false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill-will to other Users, you agree and acknowledge that Vebbler shall not be responsible and/or liable if you do the same.

    12. You shall not post any comment or link or upload any photo or any other information which threatens or intends to threaten the unity, integrity, security or sovereignty of India or cause injury to the friendly relations with The Foreign States, public order, decency, or morality, or in relation to Contempt of Court, defamation or incitement to an offence. You agree and acknowledge that Vebbler shall not be responsible and/or liable if you do the same.

    13. You shall not post any content that discriminates or speaks ill on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability or refers to such matters prohibited by law. You agree and acknowledge that Vebbler shall not be responsible and/ or liable for such discrimination.

  14. Privacy

  15. At Vebbler, we take user privacy extremely seriously. You agree and acknowledge that you have read our Privacy Policy and you are bound by these terms and conditions and also conditions set out in our privacy policy. Employees within the Company may use any information collected from individual Users for monitoring whether any breach of these Terms and/or Privacy Policy and/or our Community Guidelines is committed by the Users. We constantly review our systems and data to ensure the best possible service to our Users. We will investigate any such actions with a view to prosecuting and/or take civil and/ or criminal proceedings to recover damages against those responsible for breaching the Terms and/or Privacy Policy and/or our Community Guidelines as per Vebbler’s sole discretion and you agree that Vebbler may get involved in prosecuting or taking any action in respect of a conflict between the Users for passing any defamatory remarks, libel or slander or uploading any photos or videos. For more information, read our Privacy Policy.

  16. Copyright

    1. Your Copyright Content:

      1. By uploading any photos and/ or comments and/or videos on Vebbler, you represent and warrant that you own or otherwise control all of the rights of the content that you upload and that it is accurate and that it does not violate these terms or any law for time being in force in India and that it will not cause any inquiry to any person/s or entity. You grant Vebbler a royalty – free, perpetual, irrevocable, non – exclusive right and license to use, copy, display, all information you provide to us in any public area of Vebbler in any form. You agree and acknowledge that Vebbler claims no ownership or control over any Content submitted, posted or displayed by you.

      2. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.

      3. If you believe that somebody is violating your copyright and you want to notify us, you can immediately write to us at legal@vebbler.com.

      4. We may remove any of your content if we believe that it may have been infringed upon someone else’s intellectual property rights, and if you wish to provide any explanation in such a situation you can write to us at legal@vebbler.com.

      5. You agree and accept that Vebbler shall not be responsible in case of any of infringement of your copyright or trademark or any other intellectual property right.

    2. Other’s Copyright Content:

    1. You will not use any material or information, including but not limited to photos or videos, which are uploaded on Vebbler by the users in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any user of Vebbler.

    2. If you repeatedly infringe other people's intellectual property rights, we will disable your account, and when appropriate, delete your account permanently.

  17. Modification

    1. Vebbler shall, at its own discretion have the right to change, modify, add or remove these Terms and/or Privacy Policy and/or our Community Guidelines at any time by giving a 7-day notice and your continued use of the Platform and the Services shall constitute your acceptance of the same. Changes shall be prospective. Vebbler shall have the right at any time to change or discontinue or modify any aspect of Vebbler’s website. Such changes and/ or modification and/ or additions and/ or deletion shall be effective immediately upon posting the same on Vebbler and any subsequent use of Vebbler shall be deemed to have accepted such changes, modification, addition or deletion. You agree that Vebbler shall not be liable in respect of any claim/loss/damage caused to you due to such change, modification, addition, removal, deletion, discontinuance etc.

    2. If you choose not to use any of our services, you may do so by unsubscribing such service or by deleting or deactivating your account.

    3. If you violate these Terms and/or Privacy Policy and/or our Community Guidelines or otherwise create risk of a potential legal proceeding, your account shall be temporarily and / or permanent closed or service/s utilised by you shall be temporary and/or permanently discontinued. We shall notify you by email and shall also give you advance notice of 10 days to access to your data and other information and a chance to retrieve information out of that account and / or Service. Kindly note if the termination of account and / or service shall be owing to your decision simply to delete the account and/or services Vebbler shall not give any advance notice to access your data and other information and at once after you terminate your account with us we will delete all your data.

  18. Transfer of Data Abroad

  19. If you are visiting Vebbler from a country other than the country in which our server is located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting the Platform and communicating electronically with us and by accepting terms and conditions, you consent to such transfers. By accepting these Terms and/or Privacy Policy, you agree to subject the relationship between Vebbler and yourself to applicable Indian law and thereby you agree and acknowledge that none of the laws including in respect of contract between Vebbler and you, data privacy etc. of the country where you are based or any other country will apply.

  20. Disclaimer of Representations and Warranties

  21. You specifically acknowledge and agree that your use of the Platform shall be at your own risk and that the Platform is provided on “as is” and “as available”. Vebbler, its officers, directors, employees, contractors and agents disclaim all warranties, statutory, express or implied. Vebbler’s officers, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of the Platform, (ii) the accuracy, completeness, or any content of any sites linked (through hyperlinks, banner advertising or otherwise) to the S Platform, and/or (iii) the services found at this Platform or any sites linked (through hyperlinks, banner advertising or otherwise) to the Platform, and Vebbler assumes no liability arising out any of the above.

    The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Platform.

  22. No Spam

  23. It is agreed by you that Vebbler has right to immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

  24. Limitation of Liability

  25. In no event shall Vebbler, its officers, directors, employees, contractors or agents be liable to you or any other person or entity for any direct, indirect, remote, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:

    1. the accuracy, completeness, or content of the S Platform,

    2. the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Platform,

    3. the services found at the Platform or any sites linked (through hyperlinks, banner advertising or otherwise) to the Platform,

    4. personal injury or property damage of any nature whatsoever,

    5. third-party conduct of any nature whatsoever,

    6. any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,

    7. any interruption or cessation of services to or from the Platform or any sites linked (through hyperlinks, banner advertising or otherwise) to the Platform,

    8. any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from the Platform or any sites linked (through hyperlinks, banner advertising or otherwise) to the Platform,

    9. any user content or content that is defamatory, harassing, abusive, harmful to minors or any action taken by minors by the use of the Platform or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or

    10. any loss or damage of any kind incurred as a result of your use of the Platform or the services found at the Platform, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Vebbler is advised of the possibility of such damages.

    The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms or your use of the Platform.

  26. Confidentiality

  27. At Vebbler your records, which are not already publicly available or otherwise permitted by you to be disclosed or revealed, are regarded as confidential and therefore will not be divulged to any third party, save and except the Cyber Crime Department or other teams of the relevant State police or any other appropriate authority under the Information Technology Act, 2000 (“the said Act”) and any other applicable law for the time being in force or any directions by such authorities, if required to do so. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Vebbler will only be in connection with the provision of agreed services and products.

    Changes to Website, Software and Services

    Vebbler reserves the right to:

    1. change or remove (temporarily or permanently) the Platform or any part of it without notice and you confirm that Vebbler shall not be liable to you for any such change or removal.

    2. change the Terms, Privacy Policy, Community Guidelines, and/or any other Vebbler terms or policies at any time by giving a 7-day notice, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

  28. Links to Third Party Website's

  29. Vebbler may include links to third party website's that are controlled and maintained by others. Any link to other website is not an endorsement of Vebbler and you acknowledge and agree that we are not responsible for the content or availability of any such sites. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it. Because Vebbler has no control over such Platforms and resources, you acknowledge and agree that the Vebbler is not responsible for the availability of such external Platforms or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Platforms or resources. We encourage our users to be aware when they leave our Platform & to read the terms of use, privacy statements and other policies of these Platform. We advise you to evaluate the security and trustworthiness of any other site connected to the Platform or accessed through the Platform yourself, before disclosing any personal information to them. It is agreed by you that we will not be responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

  30. Vebbler's Intellectual Property Rights

    1. You acknowledge that Vebbler owns all right, title and interest in and to the Services and the Platform, including all Intellectual Property Rights there in (the "Vebbler Rights"). Vebbler’s Rights are protected by applicable intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services or the Platform offered by Vebbler. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Platform. As described below, Vebbler’s Rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services, to which such parties may have rights.

    2. The Intellectual Property Rights on the Platform and the materials on or accessible via it belong to Vebbler or its licensors. The Platform and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the Platform and backing up personal data of the user concerned such as personal photos and videos).

    3. 'Vebbler' and the Vebbler Logo are trademarks, which belong to Vebbler and they may not be used, copied or reproduced in any way without written consent from Vebbler. For these purposes "Intellectual Property Rights" includes the following (wherever and whenever arising and for the full term of each of them, whether registrable or not): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical knowhow, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered) and registrations of and applications to register any of them.

  31. Indemnity

  32. You agree to protect, defend, indemnify and hold harmless Vebbler and its officers, directors, shareholders, employees, contractors and agents indemnified, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature whatsoever imposed upon or incurred by Vebbler by whatever name called directly or indirectly arising from:

    1. your use of and access to the Platform;

    2. your violation of any provision of these Terms, Community Guidelines, Privacy Policy or the policies or agreements which are incorporated herein;

    3. your violation of any third-party right, including without limitation any intellectual property or other proprietary right and/or

    4. and for any violation of law of the country you belong to or of the country from where Vebbler’s contents are being accessed or that of any other country where an action may arise in respect of your use of the services and the Platform.

    In case you are younger than 18 years of age, your natural or appointed guardian shall be deemed to have undertaken the aforesaid indemnification obligation in favour of Vebbler.

    The indemnification obligations under this para shall survive any termination or expiration of these terms or your use of the Platform or the Services found at the Platform.

  33. Severability

  34. In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these Terms and the remaining provisions of theseTermsshall remain in full force and effect.

  35. Applicable Law and Dispute

  36. These Terms, Community Guidelines, Privacy Policy other agreement or terms incorporated herein will be governed by and construed in accordance with the laws of the India, without giving effect to its conflict of law’s provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services provided by Vebbler will be brought solely in India and Courts in Bangalore alone shall have exclusive jurisdiction and you consent to the jurisdiction of such courts.

  37. Headings

  38. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

  39. Entire Agreement

  40. These Terms, Community Guidelines, Privacy Policy and any other agreement or terms incorporated herein together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these Terms, Community Guidelines, Privacy Policy and other agreement or terms incorporated herein. In agreeing to these Terms, you have not relied on any representation other than those expressly stated in these Terms by Vebbler and you agree that you shall have no remedy on account of any misrepresentation, which has not been made expressly in these Terms.