TERMS OF SERVICE
1. Confirmation and Acceptance
A. Digital Banner :Digital Banner application and the related websites (“https://digitalbanner.in/”) are owned and operated by Digital Banner. (collectively “we”,"us" or "company"). You must carefully read this terms of service (the “terms”) the privacy policy and if you click “i agree” button or actually use Digital Banner and the related service, whether in whole or in part, provided by us (the “service”), you are deemed to a) hereby represent and warrant that you are an individual lawfully able to be bound by this terms, privacy policy and other regulations and policies available and b) reach an binding agreement with us and accept all the provisions, contents hereunder, including the terms, privacy policy and other regulations and policies available, as modified and updated from time to time, on Digital Banner. Your use of our service is conditional on your acceptance of these terms and our privacy policy. You shall carefully read and fully understand the terms hereof, including the terms that exempt or may restrict company’s liabilities and/or responsibilities and the terms that may restrict and/or waive your rights. Please carefully read the terms and decide whether to accept it
B. If you do not agree with or accept the terms and the privacy policy, you can choose not to use Digital Banner and the service. You will be deemed to accept the terms and agree to be bound by the terms hereunder if you download, install and use Digital Banner and the service.
C. In order to provide better service, we will amend and/or update the terms from time to time. The updated terms shall become effective and replace the original terms at the time of posting on line. You shall review the terms regularly to check for such changes or agree to our updated terms on this page. If you do not agree with or accept the updated terms, you can choose not to use Digital Banner and the service. You will be deemed to accept the updated terms if you continue to use Digital Banner and the service.
2. Instructions of Conduct
A. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of Digital Banner and shall not use Digital Banner to upload, download, send or transmit sensitive information and information in violation of applicable laws and regulations, including but not limited to:
- Opposing the basic principles defined by the Constitution or similar laws of your jurisdiction
- Endangering national security, divulging state secret, subverting state power, and undermining national unity
- Harming national honour and interests
- Inciting ethnic hatred or ethnic discrimination and undermining ethnic solidarity;
- Undermining national religious policies and promoting cults and feudal superstition;
- Spreading rumour, disturbing social order and undermining social stability;
- spreading or otherwise justifying obscenity, eroticism, gambling, violence, homicide, body injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people’s lives or health, or violent or cruel actions towards people or animals;
- Insulting or slandering other people and infringing other people's legal rights and interests;
- Distributing works not created by Users themselves which may involve copyright, patent, trademark, trade secret, copyright or other intellectual or proprietary right disputes;
- Spreading information on the methods of manufacturing and use of drugs, psychotropic substances and their precursors or encouraging to use any of them;
- Spreading information on methods of committing suicide, as well as calls for suicide;
- Demonstrating sexual acts, promoting homosexuality, denial of family values;
- Containing obscene language;
- Containing pornographic content;
- Containing other content prohibited by laws and administrative regulations.
B. You shall understand and undertake not to or not to allow anyone else to engage in the following prohibited activities:
- Impersonate others or organizations, falsely claim to be connected with any one or entity, including setting false Account name or accessing the Account of another User, or maliciously use the registered Account to mislead other Users when registering an Account or using Digital Banner and the Service including but not limited to uploading, publishing and transmitting information; use the live video service to transmit any information that is harassing, libellous, abusive, intimidating, vulgar or obscene, or any other illegitimate information;
- Use the Services for any unauthorized commercial or other purposes not expressly permitted by this Terms, including without limitation, spamming, unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;
- Eengage in any illegal or potentially illegal (at the discretion of Digital Banner) activities or transactions, including teaching people how to commit crimes, selling any illegal drugs, money laundering or defrauding;
- Provide any advices, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
- Use or exploit any of the company’s intellectual property rights (including company’s trademark, brand, logo, any other proprietary information or the layout or design of any page), or otherwise infringe on any of company’s intellectual property rights (including attempting to reverse engineer company’s client or software used); imitate Digital Banner appearance design and functions; access Digital Banner and the Service and collect or process content made available through Digital Banner and the Service by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools; decompile, reverse compile or reverse engineer any of software used by Digital Banner and the Service or seek to do any of the foregoing determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; Without prejudice to other remedies that we’re entitled to, we reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the Accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights;
- Distribute materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, Digital Banner and the Service, servers and networks connected with Digital Banner and the Service;
- Without our written consent, distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
- Create multiple Accounts for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information;
- Release any words with “Digital Banner” brand such as “in partnership with Digital Banner” and “co-produced with Digital Banner” via any channel or media including but not limited to self media.
- Intentionally or unintentionally violate any applicable laws, regulations, rules, articles and other norms with legal effect.
C. Our Service displays some content that is not produced or owned by the company and is for general information only. This content is the sole responsibility of the person that makes it available. You agree that accessing and viewing by you of such content is at your own risk. We also make no warranties and/or guarantee that content provided by Digital Banner is accurate, complete or up to date. We have the right but not the obligation to review, monitor, exam and verify the content uploaded or published by you or other Users for compliance with applicable laws and regulations, requirements of competent governmental authorities and our policies. If we, in our sole discretion, believe that the content does not comply with this Terms or in response to complaints from other users or third party, we reserve the right to take any measures to address this, including without limitation, to remove or refuse to display such content.
D. Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access, including content provided by Company and other Users, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, etc.. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
3. Commercial Behaviour:
A. You understand and hereby agree that revenue and value may be generated by your use of Digital Banner, via ways including, without limitation, our sales of advertisement, fee charging service in Digital Banner, cooperation with other third party, etc. Subject to this Terms, our express written consent and/or agreement with you, you agree that you:
- are not entitled to share such revenue and/or value;
- are not entitled to receive any payment and/or other consideration from any content you uploaded to Digital Banner.
- are not entitled to engage in activities to monetize any content you uploaded to Digital Banner, including without limitation, publish advertisements in violation of the Terms.
B. You agree and authorize the company to publish any commercial advertisements or any other types of commercial information (including but not limited to publish advertisements on any pages of Digital Banner) to you while providing Service and you agree and authorize the company to send you sales and other commercial information using contact information provided by you to us for the purposes of registration and maintenance of the Account (including you email, phone number and other contact information).
4. Liabilities:
A. You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of breach by you or any user of your Account of the this Terms, including your obligations, representation and warranties herein, applicable laws and regulations.
B. The company undertakes the obligations in accordance with relevant laws, but has no liability for your damages due to maintenance or connection failure of the information network equipment, failure of computer, communication or other systems, hacker activities, computer viruses, power failure, strike, revolt, fire, flood, storm, explosion, war, act of government, order of judicial and administrative authorities or any other third-party reasons.
C. If you violate or are suspected of violating the laws, regulations, the Terms, Privacy Policy and other regulations and policies available on Digital Banner, the company has the right to take all necessary measures (including but not limited to detaining the balance of your Account, blocking your Account, revoking your broadcast rights or reporting to the security authorities, etc.) immediately without notice, in order to reduce or eliminate the influence.
Miscellaneous
A. The failure of either you or us to exercise or enforce any right or provision of this Terms will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms will be effective only if in writing and signed by the relevant party.
B. Upon termination of this Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
C. Any disputes arising from or relating to the interpretations or performance of the Terms shall be firstly settled through friendly and amicable negotiation between the company and you.