Terms of Use

Welcome to vRockk !

These Terms of Use govern your use of vRockk and provide information about the Service, outlined below. When you create an account on our Platform or use our Platform or any of our Services, you accept and agree to these Terms, which creates a legally binding contract

If you do not agree with the terms and conditions of these Terms, please do not use this Platform.

As a user, you agree to abide by the terms, although this agreement is a strictly bipartite agreement between the Service Owner and Users, with regards to the products . These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added or shall be added in the future, to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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 (hereinafter called as “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.
• You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.
• You must not be prohibited from receiving any aspect of our Service under applicable laws for the time being in force.

HOW TO USE OUR SERVICES

We have developed a unique platform. We strive to give you personalized content and show you content that you will enjoy. We also allow you to download content that is available on our Platform and share your experience across social media platforms.

• To use our Services, you must register on our Platform by entering your phone number or email ID and the One-Time-Password sent by us via SMS to your phone number or via email. You can also register via other third party applications such as Facebook and Google.
• By registering, Users agree to be fully responsible and accountable for all activities that occur under their username and password.
• However, we agree not to read any information stored on your mobile device and computer without your permission. In order to effectively provide Services to you, we need to access certain features of and/or on your mobile device and you hereby unconditionally grant us all permission to do so

HOW YOU CANNOT USE OUR SERVICES

In return for our commitment to provide our Services, we require you to make some commitments to us. Your commitments to us are:

No Impersonation or False Information to be Provided

While you do not have to use your actual name on our Platform, you are required to input your correct phone number and gender to use our Services. You will not falsely represent yourself as another person or representative of another person to use our Services. You may not impersonate someone you aren’t, and you can’t create an account for someone else unless you have their express permission.

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. You will not allow any person to use your phone number, and not allow multiple accounts to be linked to your phone number. You will be responsible for all content posted by any account linked to your phone number.

  Account Removal and Termination

• Your usage of our Platform is governed by the vRockk Content and Community Guidelines. If any of our users report your content to be against the vRockk Content and Community Guidelines, we may remove such content from our Platform. Service Owner reserves the right, at its sole discretion, to suspend or delete at any time without notice, Users account which it deems inappropriate, offensive or in violation of any of these terms.
• Users can terminate their account by contacting the Service Owner.
• You will not hack into or introduce malicious software of any kind onto our Platform. If you commit such actions, we may remove you from the platform and even have to report your actions to the police.

Platform Not to be Used For Anything Unlawful or Illegal

Our Platform is designed to accommodate a multiplicity of languages and cultures, as well as a diverse range of contents. To this effect, we have developed various tags to classify the nature of the content. You must therefore, correctly identify the nature of the content shared by you and tag it appropriately.

• You shall not, however, use our Platform to share any content which is obscene, pornographic, harmful for minors, discriminatory, spreading hate speech, inciting any form of violence or hatred against any persons, or seditious in nature, or violates any laws of the Republic of India and/or the laws of the Country in your Jurisdiction or is barred from being shared by any other law. We reserve the right to strike and/or remove such content.
• In addition to the above, please note that we retain the right to share your information with appropriate law enforcement authorities if required by such law enforcement authorities and if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government requirement and/or request; or to protect the rights or prevent any harm to our property or safety, our customers, or public or society at large; or to detect, prevent or otherwise address public safety, fraud, security or technical issues. You understand however, that we are not and cannot be held responsible for any actions done by or to you by a third party or user by way of using our Platform.

 Rights and Liabilities on content

• We strongly believe in the freedom of expression and allow you to share photographs, images, videos, music, status updates, and other content on our Platform. We do not have and/or claim to have any ownership over any of the content  created and/or shared by you and the rights and liabilities in the said content remain only with you. You shall not post private or confidential information or do anything that violates any third party rights, like proprietary rights including intellectual property Rights. Such content is against vRockk content and Community Guidelines and may be removed from the Platform.
• Further, if you use any content developed by us, then you hereby agree that we own and we shall continue to own the intellectual property rights in such content.
• You will always have ownership, rights and responsibilities for the content you share. We shall not claim any rights and/or responsibilities over the content created and/or shared by you using our platform, but we shall have a free of cost, permanent license to use any content created and/or shared by you and/or decide to post on our Platform.
• By sharing/posting/uploading content using our platform and our  Services, you grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, run, copy, publicly perform or display, translate, and create derivative works of your content. You may delete your content and/or account at any point. However, your agree and understand that your content may continue to appear on the Platform if it has been shared with others.

INFRINGEMENT OF INTELLECTUAL PROPERTY INCLUDING COPYRIGHT

We respect the intellectual property rights of others. If you believe that any material available on or through the Platform,  infringes upon any copyright and/or any other intellectual Property you own or control, please immediately notify us using the contact information provided (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. Thus, please make sure that the material you are referring to actually infringes any of your right.

You shall remain solely responsible for the content you post on our Platform. We do not endorse and are not responsible and/or accountable for any content shared or posted on or through our Platform, and for any consequence of such creating, sharing or posting. The presence of our logo or any trademark on any content shared by you does not mean that we have endorsed or sponsored your content. Further, we shall not be liable for or responsible for the consequences of any transactions made or entered into by you with any other party using our Platform.

Third-Party Links

• We do not control what people do or say and are not responsible or accountable for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others, even if you access them through our Services.
• You agree that we will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account.
• Our role is limited to facilitating and/or to providing a platform to display the content shared by you and our other users.
• Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed only to the third-party.

PERMISSIONS YOU GIVE TO US

You unconditionally accept all these Terms and give us certain permissions so that we can serve you better. Permissions you have granted us are:

a.      Permission to Share Your Profile Information with Third Parties

We may share your user name and gender, and any data that we may collect relating to your usage habits and patterns on our Platform to show you any sponsored content or advertisements. We will not, however, be liable to pay you any revenue share if you purchase any products advertised to you. We do not endorse any products or vouch for the authenticity of the products. Merely advertising of products by the users on our Platform does not amount to an endorsement by us.  Ad revenue helps us keep improving and providing our Platform and Services for free. To generate such revenue, we need to share certain information about the demographics and usage pattern of the users on Platform with third parties.

b.     Automatic Downloads and Updates

We are constantly updating our Platform and Services offered. To use our Platform, you may need to download the mobile application to your mobile device and update it from time to time.

Applications and software are constantly updated for your use and you will need to install the latest version of the mobile application to your mobile device each time such update is generated

•  Data Retention

We shall have the right to retain certain information regarding your usage of the Platform. You grant us the right to store and retain information relating to you and provided by you.

OUR AGREEMENT AND WHAT HAPPENS IF WE DISAGREE

a.      Who Has Rights Under These Terms

The rights and obligations under these terms are granted only to you and shall not be assigned to any third party without our consent. However, we are permitted to assign our rights and obligations under these Terms to others.

b.  How We Will Handle Disputes

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least [2 years]  before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The Arbitration will be bound by the provisions of the Indian Arbitration and Conciliation Act, 1996 including amendments if any.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted within the jurisdiction of the courts of Hyderabad India and will be subject to the laws of the Republic of India.

In no event shall any Dispute brought by either Party related in any way to the Application be commenced more than 2 years after the cause of action arose.

____ METHOD TO ADDRESS GREIVANCE___ 

We have created a method for you to get in touch with us and for us to address your concerns.

Digital Millennium Copyright Act (DMCA)

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 or a breach of any warranty or guaranty due to the actions of any user of the Platform.
• The Platform and Services, are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
• In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the Terms by another user or arising out of the use of or the reliance on any of the Services or the Platform.
• In the event any exclusion contained herein is held to be invalid for any reason and we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to us for use of the Platform or the Services in the month preceding the date of the claim.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our representatives and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney’s fees) of any kind arising out of:

• Your access to or use of the Platform and Services;
• Any breach by you of your obligations under this Agreement;
• Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
• Any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;
• Your negligence or wilful misconduct. This obligation will survive termination of our Terms.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability

• Any amendment or waiver to our Terms must be in writing and signed by us.
• If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
• We reserve all rights not expressly granted to you.                               

UNSOLICITED MATERIAL

We always appreciate feedback or other suggestions. We may use the same without any restrictions or obligation to compensate you for them and are under no obligation to keep them confidential.