If you are a User having your usual residence in India, then the present policy shall apply to you (“You”).
This policy describes the information we process to support HaloTv (“the Product”). The Product is controlled by FRABON INDIA TECH SOLUTION PVT LTD . (“HaloTv”, “we” or “us”). Through our Product, we provide certain top-of-the-line services, which includes social and interactive features (“our Services”). The contents of our Product entirely consist of user generated data and material (by employing our Services), being comprehensively compiled, promulgated, and then broadcasted to all the users on our platform.
HaloTv respects the intellectual property rights of others, and we expect our users to do the same. HaloTv’s does not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks, or other intellectual property rights (collectively referred to as “IPR”).
A “User” is unconditionally defined as all individual(s) utilizing the Services and/or accessing our Product, in any capacity whatsoever.
CONTENT(S) ON OUR PRODUCT’S PLATFORM
HaloTv is merely an intermediary and a technology provider. The content posted on the Platform may be sourced from content providers or posted by users. It is, at the forefront, made expressly clear that HaloTv holds no control with respect to the content, and does not warrant the correctness, validity or legality of the content, which is put on our Platform by the users. HaloTv expressly disclaims all warranties and shall not be liable for any violations under civil or criminal law. You must not access or post content through any unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, or scraper. You agree that the content posted by You is legal and does not violate any applicable laws, rules, regulations, policies, guidelines and/or norms applicable to the Content in countries where the Content is published, communicated to the public, or distributed by HaloTv. You confirm that You are authorized to post the content on the platform. HaloTv is not obligated to publish any information or content on the Platform and can remove any Content in its sole discretion, with or without notice to users.
THE USER SHALL ENSURE THE LEGALITY OF THE CONTENT POSTED BY EMPLOYING OUR SERVICES
The User is to ensure that any content(s) posted on our Product by employing our Services are/is not in any manner abusive, obscene, defamatory, harassing, vulgar, pornographic, indecent, libellous, racist, hateful, threatening, or otherwise illegal. The User, just by accessing out Product, by himself/herself acknowledge, confirm and agrees that HaloTv is under no obligation to monitor the content on its Platform, but retains the right to monitor all content(s) posted by such the User. The User also does acknowledge and agree that, in case of any breach of applicable laws or the terms of this policy, he/she will be solely responsible for any consequences arising out of such breach.
INTELLECTUAL PROPERTY RIGHTS
It is understood that the User does acknowledge, confirm and agree that all intellectual property rights in the Content(s) posted vests with the User or/either the User have a valid license to post, display, reproduce, make copies, broadcast, communicate to public such Content on the Product’s platform. When the User posts any content(s) on the Platform, by default the User grants HaloTv a non-exclusive, perpetual, worldwide, transferable, irrevocable, royalty-free, unlimited license to use, commercially make full use-of, copy, cache, store, publish, display, distribute, modify, create derivative works and store such Content, including underlying works in the content, posted. The User does agree, understand, and confirm that he/she is liable to pay any license fee, royalty, or any other consideration applicable to the content posted, if any such circumstance arises.
CONTENT LEGAL GUIDELINES
HaloTv follows the laws of India and practices (and expects its Users to practice) the highest standards of compliance to the law of the land. It is made clear that HaloTv merely provides a digital platform for communication and sharing of information and do not themselves upload any content, whether infringing or otherwise. As our Product and its platform is readily and freely available in the market and openly accessible to any individual, it means that we have no role to play in creation, upload, modification or otherwise of such content(s) uploaded on our Product’s platform. We are limited to indexing and comprehensively disseminating content uploaded by the Users.
It is made clear that HaloTv and its Product is ‘intermediary’ within the definition of Section 2(i)(w) of The I.T. Act, 2000. We also follow the due diligence compliance prescribed under Intermediary Guidelines Rules 2011. In this respect thereof, no order of injunction or damages can be passed against HaloTv on account of statutory immunity conferred on them under Section 79 of The I.T. Act, 2000. In addition, we have also provided other technological measures, beyond requirement in law, by way of measures to prevent uploading of infringing and unauthorized contents on our Product’s platform.
Further, it is settled law that unless specific infringing works are identified by Uniform Resource Locator (URL) or any other exclusive identifying feature, which are duly informed to intermediaries, it will not constitute knowledge for the purposes of Section 51(a)(ii) of The Copyright Act, 1957. Therefore, a vague or general awareness that there may be infringing works on our Product’s platform is insufficient to fulfil the ‘knowledge’ requirement under Section 52(a)(ii) of The Copyright Act, 1957.
REPRESENTATIONS AND WARRANTIES
The User does represent, covenant and warrant that the content posted by him/her does not violate any term of our Policy or any law in force in the territory from which he/she is posting the content(s) or any law in force in the territory in which content can be displayed, broadcasted, published, used, communicated to public, reproduced or copied. The User further represent, covenant and warrant that he/she owns or has a valid license to post the content, including underlying works in the content, on the platform and fulfil the determined obligations under this Policy.
Violation of any of our Policy or terms by any User(s) may, in HaloTv’s sole discretion, result in suspension or termination of the respective User’s account. Violation (voluntary or involuntary) of any allied law, as applicable to the respective User in any capacity, shall also result in suspension or termination of the respective User’s account. Any Violation in the form of misappropriation, impersonation, unlawful conduct, or harassment of any IPR shall also result in suspension or termination of the respective User’s account. (All/any Violation, including but not limited, as mentioned in the present paragraph is collectively referred to as “Violation”) The User hereby understands and agrees that HaloTv cannot and will not be responsible for the Content posted by him/her on our Product’s platform and thereby, the User unconditionally and voluntarily undertakes to use our Product’s platform at his/her own risk.
If the User performs any Violation, thereby going against the letter or spirit of our Policy and/or terms, or otherwise creates risk or possible legal exposure for HaloTv, HaloTv can suspend and/or terminate the respective User’s access to our Product’s platform. Upon such suspension and/or termination, all licenses and other rights granted to the respective User by Us shall be deemed to cease, from the time of such act of violation. However, in no case the license with respect to the content granted by the User to HaloTv will stand terminated. Upon suspension and/or termination of the respective User’s relationship with HaloTv, provisions related to indemnity, intellectual property, representations and warranties and other provisions which by their nature intended to survive, will remain in force, at our sole discretion. Upon suspension and/or termination of the User’s relationship with HaloTv, the respective User will not be relieved from any obligation arising prior to the violation, or any consecutive act of violation. HaloTv may suspend and/or terminate the User’s account if he/she breaches any of its policies or any laws. Although, some clauses may survive termination.
The User’s Account Suspension or Termination guidelines is as detailed herewith in ANNEXURE – A, to the present policy.
If you have any questions or suggestions about our Content Policy, do not hesitate to contact us.
User’s Account Suspension or Termination
Here below is the framework and guidelines for the Suspension or Termination of the User’s account from our Product’s platform, in case of any kind of Violation. Therefore, the hereinbelow laid down framework and guidelines are not limited to only IPR violations.
IPR Infringement Notification
Submit the above information to us:
IPR INFRINGEMENT COUNTER-NOTIFICATION
If you receive a IPR infringement notification that you believe to be in error, you may provide us with a counter-notification. It must include the following:
Submit the above information to us:
By Email: email@example.com
The counter-notification process may take up to 10 business days to complete, so please be patient. During this time, the claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter notice to the IPR claimant, including any personal information you provide, and the counter notice may be made public. The claimant may use this information to file a lawsuit against you. The decision to re-post any material is at HaloTv ’s sole discretion.