Welcome to Vijayanand Infotech Pvt. Ltd.’s PowerNewz!
Use of PowerNewz
- You can download and install the PowerNewz application from the Google Play Store or Apple Store. The terms and conditions made available on such stores would be applicable to You. However, to your use and access the App, the Terms provided herein would be applicable, and in case of any conflict of terms, these Terms would prevail.
- To use the Services on the App, You may need to register and create an account by providing certain personal and other information. We may verify your mobile number/email address before you can create and use Your account. You agree to provide accurate, true and complete information when You register for the Services and to keep that information updated. Ensure to maintain the safety of your account, we will not be liable for any damages or loss arising from your failure to safeguard your account.
- We hereby provide You a non-exclusive, non-assignable, revocable, limited license to (i) use PowerNewz and post, share and view the content, news, information or data, including images, photos, logos, brand names, videos, audio, made available only for general information purposes that may be used for personal, non-commercial use; (ii) copy or print pages from the Site or App, only for private use.
- By downloading, installing, accessing, and/or using PowerNewz or any part thereof, you agree on your own behalf and on behalf of each entity or person on whose behalf you act, to abide by the Terms. In case you do not agree to the Terms, please do not use the App or the Site or avail the Services offered therein.
- If you are aged below 18 years, please do not use PowerNewz, if we become aware of it, we may have to delete your account.
- You can select a Location on the App and upload any content, including relevant news updates in any of the suggested categories on the App, articles, notes, blogs, comments, photos, videos, and other content (“Your Content”).
- You acknowledge that Your Content uploaded, posted and/or shared on the App does not violate or infringe any third party intellectual property rights, and you have all necessary rights to publish the same.
- You represent not to upload, post and/or share any content which is false, fake, misleading, harassing, libellous, blasphemous, defamatory, pornographic, obscene, contains graphic videos or images, or any content that would incite or hurt the sentiments of any persons or entities, religion, community or section.
- You shall not directly or indirectly upload or post any content on PowerNewz, which contains graphic violence (the extent of which is determined by us) or promote or incite violence against any community, gender, religion, race, ethnicity, caste, disability, age.
- You agree and acknowledge that You are solely responsible for any content you upload, post or share on PowerNewz; or on any third-party links.
- You shall not upload, post or share any third person’s or entity’s personal information, without their prior consent and approval.
- You understand that there may be comments/responses/voting to your uploads/posts; and/or uploads/posts, by other users of the App, which may be offensive, inappropriate, hurtful or deceptive. PowerNewz takes no responsibility for such content or actions by other users.
- It is at our sole discretion to review, modify, alter, add, delete or remove Your Content; and/or temporarily limit you to create new uploads/posts, and/or temporarily or permanently suspend, deactivate or delete your accounts, at any point of time, without any prior notice.
General Restrictions on Use
You agree to use PowerNewz subject to the following restrictions:
- You agree not to carry out any illegal or unlawful activities on the App or Site, including publish or transmit viruses or any other damaging content.
- You are not authorized to connect "deep links" to the App or Site, i.e., create links to this App or Site that bypass the home page or other parts of the App or Site without the prior written permission from us.
- You shall not attempt to reverse engineer, decompile, decode, or extract the source code or other proprietary information of the App.
- You shall not use any automated systems or means to access, acquire, copy or monitor any part of the Services offered herein.
- You are not authorized to mirror, scrape, or frame the App or Site or any pages or materials contained herein on any other website, web page or any other server.
- You shall not publish or distribute any material or information that is in violation of any applicable laws.
- You shall not conduct any activities that shall directly or indirectly curtail the enjoyment of any other user on the App or Site.
- You shall not aid, abet or attempt, whether directly or indirectly, to gain unauthorized access to PowerNewz, other accounts, computer systems or networks connected thereto, through hacking, password mining or any other means. You shall not aid, abet, obtain or attempt to obtain any content through any means not intentionally made available through PowerNewz.
- You shall not advertise or sell products or services of yours or any third persons/entities on or through PowerNewz.
- You shall not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the App or Site.
- You shall not remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent any digital rights management features associated with the Content, or remove or alter any proprietary notices (including copyright notices), or any other technologies used to control the access to or use of the Content or its identifying information.
Third Party Links
- PowerNewz may contain on its App or Site, links to websites, images, photos, content, advertisements, that are not managed or controlled by PowerNewz. You are also allowed to share/post content available on this App on any third-party websites/apps, such as Facebook, Twitter, WhatsApp, etc.
- We neither endorse nor take any responsibility or liability, either directly or indirectly, in relation to your use or access to any such content, advertising, goods or services, or information made available from third party websites/apps; nor for the content you have uploaded/posted from this App on such third-party websites/app.
- We strongly recommend that You read and understand the terms and conditions along with the privacy policies of these third-party websites/apps and the goods/services offered by them.
Modifications to the Content or PowerNewz
- We reserve the right at our sole discretion to change, modify or add to these Terms or the content therein, without prior notice to You, from time to time. You are required to occasionally revisit the Terms and update yourself accordingly. By continuing to use PowerNewz you agree to be bound by all such added or amended terms.
- We also reserve the right to discontinue or stop providing any Services on or may also block the access to the App or Site for any user at any point of time without any notice or without providing any reason whatsoever.
- We also have the sole right to suspend the operation of PowerNewz, wholly or in parts, at any time, without notice.
- While the App is currently available for free, it is at our sole discretion to amend the terms and Your use of the Services may become subject to charges.
- We reserve the right to limit the availability of PowerNewz, the provision or quantities of any content, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time.
- All rights, titles, and interests, including any intellectual property rights in PowerNewz (both Site and App), which includes the design, outline, arrangement, layout, concept, look and feel, functionalities script, styles, text, images, videos, audios, photos, software, and all material or content as part of the Services offered, shall at all times remain the sole property of Vijayanand Infotech Pvt Ltd, or its partners, affiliates, subsidiaries, or licensors (“Company”), and is protected under the Indian and/or international Intellectual Property laws.
- All names, logos, headers, icons, service names, product names, graphics, categories, including the word or logo of PowerNewz, on the Site or App, are the trademarks or trade dress of the Company. You are not authorized to use, copy, modify, or reproduce any Trademarks/Trade Dress of, or imply any endorsement by or relationship with the Company in any public domain, including, press release or other websites, for any commercial, promotional or advertising purposes or for informing or influencing any third party or use such Trademarks/Trade Dress in any manner not specifically authorized by the Company.
- You are the sole owner of Your Content you upload, share or post on PowerNewz. You agree to provide a non-exclusive, perpetual, sub-licensable, royalty-free, and world-wide license to PowerNewz or the Company, to use, share, copy, modify, adapt, reproduce, publish, display, broadcast, distribute, promote, advertise, download, post, make derivate works thereof, exploit, Your Content through any mode or medium and on any platform.
- PowerNewz takes the infringement or violation of any third persons/entities very seriously. If you believe that your content has been copied by any users on the App, please send a notice to us at ([email protected]) in the format as provided at (https://powernewz.com/contact). We have the sole right to remove or delete any content alleged to be infringed, at any point, without any prior notice.
- Any Intellectual Property right which is not expressly granted is unconditionally reserved with the Company.
Take Down of Inappropriate Content
We, at our sole discretion, or at the complaint/notification received from any other user, person/entity, in relation to any inappropriate content, including but not limited to pornographic, sexual/nudity, threats, graphic, violent, defamatory, libellous, racist, hateful, misleading and false content, uploaded, posted or shared by You on PowerNewz; shall notify you either through an email, alert or a notification on the App and would remove such inappropriate content. In case You post/upload/share such inappropriate content on multiple occasions, we would have the sole right to suspend or terminate your account.
Disclaimer of Warranties
- We expressly disclaim all warranties of any kind, whether express or implied, specifically, we make no warranty that (i) this App or Site or any content therein will meet your requirements, (ii) any user access will be uninterrupted, timely, secure or error-free, (iii) the quality of any content, services, information or other material obtained by any user will meet his or her expectations, (iv) the accuracy or correctness of your personal data and Your Content, (v) any errors or bugs in the App will be corrected, (vi) that the App is compatible with all devices and networks, (vi) security and privacy of your personal data and content, and (vii) to provide any updates or upgrades to the App.
- PowerNewz and the Services provided therein is on an "as is" and “as available” basis and the Company assumes no responsibility and provides no warranty or representation of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, noninfringement, compatibility, security, accuracy, the timeliness, deletion, mis-delivery or failure to store any user information, communications, personalization settings.
- We assume no responsibility for any damage to your systems or loss of data that results from the download of the App or any Content, and your use of PowerNewz is at your sole risk.
- We accept no liability for loss or damage suffered by you as a result of accessing the App or Site which might have been infected with viruses or malwares or which might have been maliciously corrupted. You consciously acknowledge and accept the usual risks of using the internet.
- We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from your use or inability to use the App or the Services offered therein.
You agree to indemnify, defend and hold harmless PowerNewz and the Company, its subsidiaries and affiliates and their respective officers, employees and agents, and each of the Company’s partners from any and all claims, demands, damages, costs, losses, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of: (i) your use of PowerNewz (Site or App), including the content and Services; and (ii) breach or violation of the Terms or applicable laws.
Limitation of Liability
In no event shall the Company, its subsidiaries, officers, directors, employees or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with PowerNewz, including the content or Services offered therein, or the Terms (however arising, including negligence).
Governing Law & Dispute Resolution
- The Terms and the interpretation of these terms will be governed by and construed in accordance with the laws of India. We however, retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
- Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to these Terms, in the first instance be attempted to be resolved amicably. Any Dispute which is not resolved amicably by conciliation within the period of 30 days shall be referred to a sole arbitrator appointed by the mutual consent of both the parties. The seat of Arbitrator shall be Bengaluru, India. The arbitration proceedings shall be conducted in English only. The Parties agree to bear the fees of Arbitrator in equal proportion.
- You understand that your use of PowerNewz does not deem to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between You and us or with any user or other person or entity.
- PowerNewz and the Services offered therein is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. We make no representations or warranties that the information, content or services are appropriate for use or access in other locations. Anyone using or accessing the App from other locations does so on their own initiative and are responsible for compliance with India’s laws and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable.
- No waiver by us of any breach or default by you hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver will be of any force or effect unless made in writing.