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Terms and conditions

ebombey is Multi Use Social Software Application and its affiliates offer a number of different services through their respective application software. ebombey is a platform that allows you to search, upload, link, store, share and contribute different form of your own content to this platform. These Terms of Service ("Terms") apply to the ebombey website, related websites, software, our mobile apps, plug-ins and other ebombey-operated services (collectively, the "Service(s) "). The terms of this document govern your use of those services. Please read this document carefully.

Content Term

In these Terms when we refer to "Content" we are referring to the content which is available on the Service, but excluding any third party paid advertising or sponsored content (over which ebombey has no control and we do not grant any license). Content includes, but isn’t limited to the following items:

  1. "Images", which means photographs, vector graphics, drawings and illustrations.
  2. "Videos", which means moving images, animations, film footage and other audio-visual representations and content
  3. "Other Media", which means any other media or text content which is written, visual or audio in nature, or a combination of these

(It includes, in each case, any associated text, captions, descriptions or metadata)

  • you agree that you are entering into these terms with us which will become a legally binding agreement between you and us; and
  • you represent and warrant that you have the full right, power and authority to agree to and be bound by these terms and to fully perform all of your obligations listed in these terms.

If you don’t agree to these terms, please don’t use the Service.

1. This is a contract

a. These Terms of Service (“Terms”), along with ebombey ’s Privacy Statement, form a legally-binding contract between you and ebombey Software Application - Marathon Futurex Mafatlal Mills Compound, NM Joshi Marg, Lower Parel, Mumbai, Maharashtra – 400013 (India), as well as its affiliates ebombey Application and “we,” “us” and “our”). By using the Services (as defined below), you are agreeing to be legally bound by these Terms. If you don’t agree with these Terms, you must discontinue using the Services.

b. As used in these Terms, the word “Services” applies to online services provided to you by ebombeythrough its software applications and APIs.

2. We expect you to be a responsible user

a.You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You agree to follow all applicable local, state, national, and international laws and regulations. You are solely responsible for all acts or omissions that occur while using any Services, including the content of any transmissions you send through the Services and any content you upload or publish using the Services.

b.We expect you to respect the rights of others. By using the Services, you agree that you will not upload, transfer, or otherwise make available files, images, code, materials, or other information or content (“Content”) that violates the rights of any third party, including their intellectual property rights, however defined.

c.You also agree not to upload, transfer, or otherwise make available any Content that is obscene, vulgar, sexually-oriented, hateful, or threatening. ebombey App/Applicationstrictly forbids unsolicited messaging and unauthorized advertisements while using the Services.

d. ebombey App/Applicationhas a zero-tolerance policy against child sexual abuse content and will terminate the access of any user who publishes or distributes child sexual abuse content. Furthermore, we will report such users to the appropriate authorities.

e.You are responsible for the security of your user account. Certain services (including use of ebombey’s forums) allow you to create a user account to access certain services. You are entirely responsible for maintaining the confidentiality of your user account and password. Additionally, you are also responsible for any and all activities that occur under your user account.

f.You acknowledge that information of any kind presented to you via the Services may be protected by copyright, trademark, patent and/or other proprietary rights and laws. You agree not to violate these laws or infringe these rights in any way.

g.Certain features of the Services may allow you to publish or send content that can be viewed by others (“User Generated Content”). You agree that ebombey App/Application is not liable for User Generated Content that is provided by others. ithas no duty to pre-screen User Generated Content, but ebombey Application has the right to refuse to post, edit, or deliver User Generated Content. ThisApplicationreserves the right to remove User Generated Content for any reason, but ebombey Application is not responsible for any failure or delay in removing such material. ebombey Applicationreserves the right to block any user’s access to any content, website or web page at our sole discretion.

h. ebombey App/Applicationdoes not claim ownership of any User Generated Content. However, by submitting User Generated Content on any Service, including any ideas, concepts, know-how, or techniques described therein, you consent to ebombey’s unrestricted use of those items.

i. If you upload any Content or User Generated Contentto ebombey’s App/Application, you warrant that you have the necessary rights and authority to do so, including the necessary consent to upload and distribute any personal information about third persons. You agree that you will not upload viruses or other forms of malware. Otherwise we will take action against reported content by owner or concern person as per law and legal rights.

3. Details

For clarity, and consistent with the rest of these Terms, here are further details on specific Services that may be available through the ebombey software applications.

a. Extension catalog: ebombey App/Applicationmay offer a portfolio of third party browser extensions and themes (“Add-Ons”). ebombey App/ Applicationexercises no editorial control over the Add-Ons that you access through this Service.

b. Compression: ebombey’s software applications include compression functionality to enable users to boost the download of web content such as web pages and/videos. This functionality requests web content through ebombey’s App/ Applicationproxy or compression servers. Your browsing experience may change due to increased loading speeds. Certain web pages may not be available through proxy servers.

c. News recommendations: ebombey’s software applications may include a current news feed feature to help you discover and access news content made available by third parties on the internet. ebombey App/Applicationexercises no editorial control over any content that you access through this Service.

d. Synchronization: ebombey App/ Applicationallows you to enable synchronization of browser data such as your speed dials between ebombeybrowsers on the devices you are using. This Service requires that your login to a social network service or create an ebombey App/ Applicationaccount.

e. Contextual Hints: ebombey’s social application browser for computers may include “Browser Assistant”, a component that provides contextual hints about certain ebombeybrowser features and other useful information which you might be interested in. Browser Assistant is an optional component of the software.

f. Virtual Private Network: Through ebombey ’s social application browser you may have access to a virtual private network (“VPN”). Consistent with other provisions of these Terms, you agree not to use the VPN service in a manner that violates applicable law or otherwise infringes any third party’s rights. ebombey App/ Applicationdoes not guarantee that VPN service will always be available. The VPN feature is not an end-to-end service and it does not guarantee that any transmissions of information made while using VPN will be secure. Note that certain websites may not be accessible while using VPN.

g. Snapshot: ebombey’s social application browser for mobile may include functions that enable you to easily take screenshots of content viewed through the browser. This feature is for your personal, non-commercial use only. You agree never to use the feature in any way that violates applicable law or the rights of any third party, including copyrights.

4.The Services are provided without any warranties or guarantees .

ebombey App/ Applicationdoes not guarantee that your use of the services will be problem free. Although we work hard to provide the highest quality software and services, we cannot and do not guarantee that they will work perfectly every time or in every respect.

a. The Services are provided “as is” without warranties of any kind. ebombey App/ Applicationand/or its respective suppliers hereby disclaim all warranties and conditions with regard to the services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

b. ebombey App/Applicationdoes not represent or warrant that the services will be uninterrupted or error free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components.

c. In compliance with local law, certain services and websites may not be available in some countries.

5. Certain Services are provided by third parties.

Some Services accessible through the ebombey software applications are provided by other companies (“Third Party Services”). Third Party Services may be subject to separate terms and conditions. These Third Party Services may include the following:

a. Geolocation API: A geo location service provided by third party company. By using their service, you have to accept their Terms and conditions

b. WhatsApp:A messaging service provided by WhatsApp, Inc., whose terms of use are available at https://www.whatsapp.com/legal ; and

c. Facebook :Facebook service provided by Facebook, Inc., whose terms of use are available at https://www.facebook.com/legal/terms ; and

d. X: For X service https://www.X.com/legal/terms ;

e. YouTube : For YouTube service https://www.youtube.com/legal/terms ;

6. Your access to the Services is subject to change.

ebombey App/Application reserves the right at any time to modify or discontinue the services in whole or in part, and to terminate your access to the Services at any time, with or without notice. You agree that ebombey App/Applicationshall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. ebombey App/Applicationmay also terminate or suspend your user account for inactivity, which is defined as failing to sign-in to the services for an extended period of time, as determined by ebombey App. ebombey App/Applicationreserves the right to assign its rights and responsibilities under these Terms to any third party.

7. Links to the Third Party Sites are available through the Services.

The Services may contain links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). ebombey App/Applicationhas no control over and no responsibility for Third Party Sites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by ebombey App/Application .

8. Our Services are ad-supported.

All our Services are generally provided free of charge. ebombey App/ Applicationincurs substantial development, collocation and bandwidth expenses in doing this. To support our business and continue providing you with the services for free, we will display the advertisements of select partners to you. By using our Services, you consent to the placement of such advertisements within the Services.

9. ebombey App/ Application is not responsible for any damages you may incur as a result of your use of the Services.

a.You agree that ebombey App/Applicationshall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Services.

b.You agree that ebombey App/ Applicationis not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that ebombey App/ Applicationis not responsible for any content sent using and/or included in the services by any third party.

c.In no event shall ebombey App/Applicationand/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide any Services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the services, whether based on contract, tort, negligence, strict liability, or otherwise, even if ebombey App/Applicationor any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply in every instance. If you are dissatisfied with any portion of the Services, or with any of these terms, your sole and exclusive remedy is to discontinue using the Services and related websites.

d.You agree to indemnify and hold ebombey App/ Application, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Services.

10. We need you to respect our trademarks.

The ebombey App/Applicationword mark and “ebombey”logos are trademarksin India. You agree that all such trademarks, trade names, service marks and other ebombey App/Applicationlogos and brand features, and product and service names are trademarks and the property of ebombey(the ebombey). Without prior written permission, you agree not to display or use the ebombey in any manner.

11. These Terms are based on Indian IT law.

These Terms are governed by the Laws of Indiawithout giving effect to any conflicts of law principles that may require the application of the laws of a different country. All actions or proceedings arising under or related to these terms must be brought in the Mumbai Judiciary Court , and each party hereby agree to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall not be affected or impaired thereby.

Indian IT Laws:

Information Technology Act, 2000, India &

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules Act, 2021

12. ebombey App may modify these Terms.

ebombey App/Applicationmay update these Terms or the Privacy Statement from time to time. The current versions of these Terms are posted at Error! Hyperlink reference not valid.. The Privacy Statement is posted at https://www.ebombey.com/privacy . It is your responsibility to remain informed of any changes, because you are legally obligated to abide by the latest versions of these Terms and the Privacy Statement. You may not assign or transfer your rights under these terms without obtaining ebombey’s App/ Applicationprior written consent, and any purported assignment or transfer in violation of this section will be null and void.

13. Notice to rights holders. (Copyrights, Intellectual Rights)

Creators/User should only upload any form of content that they have made or that they're authorized to use. That means that they should not upload videos that they didn't make, or use content in their any form of content that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs or any form of content made by other users, without necessary authorizations.

We give rights holders control of their copyrighted material. that they've removed through valid copyright takedown notices when those videos are detected.

If you believe that any content accessible via the Services infringes your rights, you may submit a notification to ebombey App/ Application in which you provide the following information:

(a) identification of the rights/works that are being infringed upon;

(b) identification of the content that is infringing your rights (including URL(s) for the content); (c) your name, address, telephone number, and electronic mail address;

(d) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the rights holder, its agent, or the law;

(e) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(f) your physical or electronic signature, or that of a person authorized to act on your behalf, of the owner of an exclusive right that is allegedly infringed. Notices may be sent to copyright@ebombey.com

Refer below links of Indian and international legal copyrights policies to curate, publish, promote and store any form of content, as we are working under these policies only to publish and promote content on our platform.

1) https://copyright.gov.in/documents/handbook.html
2) http://copyright.gov.in/
3) https://pib.gov.in/content/102_2_Copyright-Policy.aspx

What is the Content Fair Use policy?

You are not prohibited to use all types of content created by others. The Fair Use policy lets you use other source’s work within some limitations.

Copyright Act identifies research, criticism, comment, news reporting, teaching, and scholarship as examples of fair use of content.

So, if your video falls under these categories you might be able to reuse other’s content in it. However, legally speaking, it is still a matter of walking on eggshells since there are no concrete definitions within this clause.

When going the ‘Fair Use’ route take the following points into account:

• Are you using someone else’s material in your content for commercial purposes?
- Don't use original source’s content to make money.


• Will your use hurt the original source’s ability to make a profit on its content?

-Use the content in a different context than originally intended.

• Is the content you intend to use more artistic or technical/informative in nature?
- Keep things educational. Artistic content makes a weak’ fair use argument.


• How much of the original content are you using in your material? - - Only use someone else’s work as an accessory and in small bits.



You’re likely to get away with Fair Use if you don’t use the source’s content to make money and use it for educational purposes.

Fair use is complicated

In some editorial situations, you can use copyrighted material without permission, but you must fully understand those situations to avoid future trouble.

If you feel the need to exercise fair use, and the use is for non-profit and educational purpose, here a few acceptable uses to consider:

• Criticism:Reviewing a movie or some form of music makes it perfectly acceptable to use copyrighted material without permission, for example short clips on the work you critique

• Parody:If you’re poking fun at something, it’s acceptable to use content without first gaining permission

• Commentary: This one depends on how you use the material. If it’s used just enough to illustrate your point, it’s acceptable. For instance, gamers often record themselves playing a new video game and offer funny observations. This is, within limits, fair use

• Academic: If you're creating educational content, it's considered fair to use to reference other works in certain situations

• Research:If you're doing research then for this purpose you can refer copyrighted material

14. Content Restriction

You may not submit any content that:

  1. Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights etc.)
  2. Is sexually explicit or promotes a sexual service;
  3. Is defamatory;
  4. Is harassing or abusive;
  5. Contains hateful or discriminatory speech;
  6. Promotes or supports terror or hate groups;
  7. Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  8. Exploits or endangers minors;
  9. Depicts or encourages self-harm or suicide;
  10. Depicts (1) unlawful real-world acts of extreme violence, (2) vivid, realistic, or particularly graphic acts of violence and brutality, (3) sexualized violence, including rape, torture, abuse, and humiliation, or (4) animal cruelty or extreme violence towards animals;
  11. Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
  12. Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause individual or public harm;
  13. Contains false or misleading information about voting or seeks to obstruct voting;
  14. Contains (1) claims that a real-world tragedy did not occur; (2) false claims that a violent crime or catastrophe has occurred; or (3) false or misleading information (including fake news, deep fakes, propaganda, or unproven or debunked conspiracy theories) that creates a serious risk of material harm to a person, group, or the general public; or
  15. Violates any applicable law.

15.Service Specific Terms

News

1. Use of Content by news aggregators. Use of our Content by news aggregators shall only be allowed if such news aggregators: a) only provide the thumb nail and headline as it appears on our software applications or Services; b) provides a correct and working hyperlink to the source of the Content or article on our software application; and c) acknowledges us as the source of the Content and acknowledges writers, journalists, photographers and third party agencies as they are acknowledged on our software application.

2. Third Party Contributors. By using the services, you acknowledge and accept that ebombey App/ Applicationmay display content from independent third party contributors on the ebombey App/ApplicationNews portion in this software application and which content is identified as being submitted by a “News Hub Creator/Editors”. You furthermore acknowledge that the views and opinions expressed in News Hub Creator/Editors Content are solely those of the News Hub Creator/Editors and do not represent, reflect or express the views of ebombey App/ Application. Any/all written content and images displayed are provided by the News Hub Creator/Editors appear as submitted by the News Hub Creator/Editor’s Name and are unedited by ebombey App/ Application. ebombey App/ Application does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. ebombey App/Applicationfurthermore does not condone the use of our software applications for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature.

3. Reporting. If the content displayed violates any of your rights, including those of copyright, and/or violates any of the above mentioned factors as per the Indian Law, regarding a particular objected thing, you are requested to immediately notify ebombey App/ Applicationvia online form and/or report the content using the available reporting functionality built into our software application.

News Hub

1. Restrictions on use. Unless our prior written consent is provided, you may not: a) reproduce, publish, broadcast, adapt, sell or otherwise transfer or use for commercial purposes any Content; b) decompile or reverse engineer the content, or reduce the content to any format other than the format in which we make such content available to you; c) incorporate the Content into any other content for whatever purpose; d) remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the content; or e) frame any portion of a web page that forms part of our Services.

2. Accuracy of Content submitted to ebombey App. You agree to be solely responsible for ensuring that the Content and the posting thereof is fully compliant with all applicable laws (including but not limited to all applicable laws relating to intellectual property and/or false/deceptive advertising) as well as all terms, conditions, and guidelines established by ebombey App/Application. Any losses incurred by ebombey App/Applicationwhich are caused by you violating these Terms shall be borne exclusively by you. For the avoidance of doubt, “losses” includes but is not limited to loss of profits, fines, damages and all legal costs incurred by ebombey App/ Applicationwhether direct or indirect in nature. Such losses shall be payable by you on demand.

3. Third Party Content. You hereby irrevocably agree that the content that you upload, will be your original work and will not violate any third party’s rights, be they copyright, proprietary rights, personal rights or otherwise. You furthermore agree that your content will not violate any legislation within the jurisdiction that your content will be displayed in. You hereby irrevocably agree to that ebombey App/ Application is not responsible for any content uploaded by you and you hereby indemnify ebombey App/Application, its affiliates, employees, directors, shareholders or otherwise without limitation, against any/all claims, be they civil or criminal in nature, that you or ebombey App/ Applicationmay suffer as a result of your content.

4. You are legally liable for your Content.

4.1. For the purposes of this clause 4, “Abusive Content” means content which we consider to be remarks intended to be demeaning, humiliating, mocking, insulting, or belittling that may or may not be based on the actual or perceived race, color, religion, sex, national origin, language, sexual orientation, or gender identity of an individual.

4.2. You agree that you will not: a) do anything which to breach these Terms; b) violate any laws; c) upload Abusive Content; d) violate or infringe any other person/entity’s intellectual property rights and/or rights to privacy; e) replicate, copy, modify, create derivative works of our content or services or data contained in any of our software application; f) upload content that you do not own or do not have the right to publish or distribute; g) knowingly publish untruthful content.

5. Exclusive Mandate. You hereby irrevocably agree that any content uploaded to our software application shall not be published by you, either directly or indirectly, on any other software application without our prior written approval.

6. Status.You warrant that you are not, have not and shall not represent or hold out that you are our employee of ebombey App/ Applicationand hereby warrant that you are a wholly independent contractor. You hereby indemnify and hold ebombey App/ Applicationharmless against any and all claims that are employment related.

7. Minimum Commitment.You hereby agree that you shall, at a minimum, ensure at least 10 days of activity per month on the ebombey App/ ApplicationNews software application (including but not limited to content production, content consumption and interaction) failing which we reserve the right to terminate your use of the services.

8. Remuneration. In the event that you qualify for remuneration pursuant to your use of the service such remuneration shall be strictly in accordance with the remuneration policy displayed on our website. Such remuneration policy may be amended by ebombey App/ Applicationfrom time to time without prior written notice. Notwithstanding anything to the contrary contained herein, payment of remuneration to you by ebombey App/Application shall be at our sole and exclusive discretion. You irrevocably agree that you shall have no right to demand payment from ebombey App/Applicationpursuant to your use of the Services and indemnify ebombey App/Applicationin such regard.

9. Right to refuse payment. We reserve the right to deny payment to you if you submit article/s with the potential of causing reputational and/or litigable damage to ebombey App/Application. You agree and acknowledge that if your account with ebombey Apphas been terminated for failure to comply with these terms you will not be entitled to receive payment from ebombey App/ Applicationregardless of whether any amounts are due to you as at the date of termination.

10. Payment of statutory fees. You acknowledge that you are solely responsible for filing all tax returns and submitting all payments as required by any applicable tax authority arising from the payment of fees to you under these Terms, and agree to do so in a timely manner. You furthermore agree to comply with all applicable laws governing self-employed individuals, including laws requiring the payment of taxes, such as income and employment taxes, and social security, disability, and other contributions.

Words Phrase Terms:

We, us, our, company = ebombey

App = Application

You = Application User

ebombey

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