Terms of Use

These Terms of Use ("Terms") govern your use of www.Buzzit.in – Web Site, our mobile application and its versions (“App”), collectively referred to as the "Platform" made available by Max Play Digital Private Limited ("MPDPL", "Company", "we", "us" and "our"), a private company established under the laws of India having its registered office – A-402, Star Garden, Chhaprabhatha Variyaav Road, Variyaav, Surat – Gujarat 3941074. The terms "you" and "your" refer to the user of the Platform.

Our Services (as we have described below in detail) and these Terms are compliant with the Indian Penal Code, 1860, and Information Technology Act, 2000, including all amendments made to it and rules framed under it. When you use our Platform, you accept and agree to these Terms. However, please note that we do not represent that we are compliant with laws of any country apart from India. If you wish to use our Services, please ensure that you are permitted to do so, in your jurisdiction.

You are required to follow certain rules while you use our Platform. We have listed these rules in this document. Please read these Terms and all other hyperlinks mentioned here carefully. Please note that by using our Platform, you agree to these Terms. Also, if you are using these services outside India, please comply with your local laws.

Updates

CHANGES TO TERMS AND SERVICES

Our Platform is dynamic and may change rapidly. As such, we may change the services we provide at our discretion. We may temporarily, or permanently, stop providing Services or any features to you generally.

We may remove or add functionalities to our Platform and Services without any notice. However, if we make a change where your consent is required, we will make sure to ask for it. Please be sure to keep visiting this page from time to time to stay updated on our latest changes and developments.

Features

OUR SERVICES

We agree to provide you with our Services. The Services includes all of the Platform’s products, features, applications, services, technologies, and software that we provide to you. The Services is made up of the following aspects (the Services):

Our Platform lets users of the Platform to upload or post or otherwise make available content through the Platform including, without limitation, any photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ("User Content").

When you publish any User Content on the Platform, you retain whatever ownership rights in that content you had to begin with. However, you grant us a license to use that content.

You also grant other users the right to share/ communicate such User Content for a limited private or non-commercial use alone.

When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third-party platforms, and/or adopt any third party content.

If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services.

You grant us a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute any User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. You also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display User Content in any form and in any/all media or distribution methods (currently known or later developed).

To the extent it is necessary, when you appear in, create, upload, post, or send User Content, you also grant us unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation if your data is used by us for marketing, advertising, or improving our Services.

While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms as well as for purposes as mandated by applicable laws. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

You further acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data, and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.

You further acknowledge that, except as specifically permitted by us in these Terms or in any another agreement you may enter into with us, you have no right to receive any income or other consideration from any content that you publish on the Platform or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you.

If you are a composer or author of a musical work and are affiliated with a performing rights organization, then you must notify your performing rights organization of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant performing rights organization’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain consent from such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us.

Authoring a musical work (e.g., wrote a song) does not necessarily give you the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

We use the information we have, to study our Service and collaborate with third parties for research purposes in order to make our Service better and contribute to the well-being of our community.

Eligibility

WHO MAY USE OUR SERVICES

Our Platform helps you stay in touch with your friends and enables you to share images, videos, music, status updates, and more in your preferred regional language. We understand your preferred content and personalize your newsfeed to show you posts, pictures, videos, and suggest content available on our Platform ("Service/Services").

You may use our Services only if you are capable of forming a binding agreement with us and are legally permitted to use our Services. If you are accepting these Terms on behalf of a company or any legal persons, then you represent and warrant that you have the authority to bind such entity to these Terms and effectively "you" and "your" shall refer to the company.

Usage

HOW TO USE OUR SERVICES

To use our Service, you simply need to run the mobile application on your mobile phone and choose the regional language in which you want to run the Services.

You can register using your mobile number / email id or through third party services such as your Apple ID, Facebook, or your Google ID. We may add other third party services to enable registration from time to time. You can also verify yourself using a One-Time-Password sent by us via SMS to your phone number and email in the same way.

We also allow you to download content that is available on our Platform and share your experience across social media platforms. In order to provide Services to you, we need to access certain features of your mobile device.

Partners

BUZZER

All ‘BUZZER’ – Buzzit Partner Creators, i.e. our partner creators, on the platform are identifiable with a Green border (instead of a standard border on their profile picture). We may enter into content licence, or marketing arrangements with such 'BUZZER’.

Media Compliance

COMPLIANCE REQUIREMENTS

Relevant news and current affairs publishers need to provide details of their user accounts on the Platform to the Ministry of Information and Broadcasting as per applicable regulations.

Safety First

SAFETY

Our aim is to foster a positive and inclusive community and provide amazing social experiences for all users. For this, we need you to agree that:

• You will not use the Services for any purpose that is fraudulent, misleading, illegal or prohibited in these Terms.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not post content that can be considered to infringe any Intellectual Property rights of any third party.
• You will not falsely represent yourself as another person or representative of another person to use our Services.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that may be considered as harmful to minors. Please refer to the Content and Community Guidelines regarding the same.
• You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not post any content that in any way or form threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
• You will not encourage or promote any activity that violates these Terms.
• You will not circumvent any feature, action, measure, or policy implemented/ imposed by us. For example, in the event you are banned from using the Services, you will not try to circumvent any account suspension or similar measures we may take against you.

Privacy

PRIVACY POLICY

The Privacy Policy explains how we collect, use, process, share and store the information collected. The Privacy Policy also details your rights under law and how you may control the data you provide to us. We have described how we store and use this information in the Privacy Policy.

As stated under the Privacy Policy, we may also use third-party embeds and services on the Platform. The usage of such API services and embeds are covered by the policies of such third-party services. By using such embed or API services, you agree to be bound by the third party's terms of service as provided in the Privacy Policy.

Commitments

YOUR COMMITMENTS

No False Information To Be Provided

You will not falsely represent yourself as another person or representative of another person to use our Services. We may disable or suspend your profile or take other relevant action if you provide us with incorrect information.

Device Security

We have implemented measures to ensure that our Platform is secure. However, there is no guarantee that our Platform is immune to hacking and virus attacks. You will ensure that you have requisite anti-malware and antivirus software on your mobile device and computer to ensure its safety.

Content Removal and Termination

Your usage of our Platform is governed by our Content and Community Guidelines. If any of our users report your content which violates these Content Community Guidelines, we may remove such content from our Platform. In the event that multiple reports are made regarding violation of the Content and Community Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If you wish to appeal any such removal, you may write to us at grievance@buzzit.in.

Platform Not to be Used For Anything Unlawful or Illegal

You shall not use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading what may be considered as hate speech, inciting any form of violence or hatred against any persons or violates any laws of India, or is barred from being shared by any laws of India.

Content Rights and Liabilities

We strongly believe in the freedom of expression and allow you to share videos on our Platform. We do not have any ownership over any of the content shared by you and the rights in the content remain only with you. You will not use our Platform to violate or infringe upon our or any third-party’s intellectual property rights.

Intermediary Status and No Liability

We are an intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Our role is limited to providing a platform for users to upload, share and display content, created or shared by you and other users. We do not control what you or other people may or may not do on the Platform and are thus, not responsible for the consequences of such actions.

Consent

PERMISSIONS YOU GIVE TO US

• Permission to Share Profile Information: We may share any data that we may collect to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share.
• Automatic Downloads and Updates: Applications and software are constantly updated and you will need to install the latest version to your mobile device each time.
• Permission to Use Cookies: We may use cookies, pixel tags, web beacons, and similar technologies to collect information.
• Data Retention: We shall have the right to retain certain information regarding your usage of the Platform.

Live Feature

BUZZIT LIVE

We provide a feature which allows you to broadcast real-time videos of yourself on the Platform ("Livestream"). All the content uploaded must conform to these Terms of Use and is subject to the Content and Community Guidelines.

Sponsored/Promoted content

If you are promoting or sponsoring any content on the Livestream, please ensure that you notify users using the ‘Paid Promotion’ option and avoid false or misleading statements.

Legal Terms

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

The rights and obligations under these Terms are granted only to you and shall not be assigned to any third party without our consent. In all cases, you agree that disputes will be subject to the laws of India and the courts of Surat- Gujarat shall have exclusive jurisdiction.

LIMITATION OF LIABILITY

We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information. The Platform and Services, are provided on "as is" and "as available" basis.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our subsidiaries from any claim arising out of your access to or use of the Platform, any breach of your obligations, or your negligence or willful misconduct.

UNSOLICITED MATERIAL

We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them.

SUSPENSION OR TERMINATION OF SERVICE FOR NON-PAYMENT

We reserve the right to suspend, restrict, or terminate your access to our Services in the event of non-payment of the applicable subscription fees or failure of process.

Final Provisions

GENERAL

• The rights and obligations have been assigned to the MPDPL Group.
• If any aspect of these Terms is unenforceable, the rest will remain in effect.
• Any amendment or waiver must be in writing and signed by us.
• We reserve all rights not expressly granted to you.