Terms and Conditions
Terms of Service
1. Name
Konkani apps is a brand owned by Mr. Praveen Dinesh Correa, and therefore all the monetary transactions and official communication to our Users will be done under Konkani apps.
2. Description of Service
These Terms of Service are applicable to all users (“Users”) of Konkani apps
These Terms govern the User’s use of the Konkani apps Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by Konkani apps (the “Company”).
By accessing or using the Services, the User agrees to the Terms and accepts to be bound by them.
3. Changes to Terms
The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to the User. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. The User agrees to review these Terms of Service from time to time and agrees that any subsequent use by the User of the Services following changes to these Terms of Service shall constitute the User’s acceptance of all such changes.
4. Access and Use of Service
Users accessing the Services must be at least nine (9) years of age. In such event, the Parents or the Guardians of such minors will be personally responsible and liable for the use of the Services by their minor wards. Users registering for the Services must be at least eighteen (18) years of age. In case the User is below 18 years of age, the User Registration information must be verified by the parents/guardians. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When the Users access the Services, they are solely responsible for compliance with the laws and regulations of their jurisdiction.
5. User’s Conduct
The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all Users agree not to use the Services, for any purposes other than designated by the Company.The User is prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mail-bombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) a scraping or harvesting data or (f) the use of robots to skew payouts.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
6. User Information
The User is solely responsible for the information s/he inputs or uploads to the Services and warrant and represents that the User has the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information User inputs or uploads is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.
If the User registers for the Services, s/he will be asked to provide certain information including a valid email address. The User warrants and represents that all such information is current and accurate, and will be kept up-to-date.
The User’s privacy rights are set forth in Company’s Privacy Policy.
Company reserves the right to offer Company or third party services and products to the User-based on the preferences that the User identifies in his/her registration and at any time thereafter, unless the user opts-out of receiving third party services and products.
7. Username/Password/Security
The User is responsible for maintaining the confidentiality of his/her information as it relates to the Services, including the username and password, and are responsible for all uses of the username and password whether or not authorized by the User. If the User wishes to have someone else use his/her device, it is important that the User always logs out so no other individual will have access to his/her content.
The User agrees to immediately notify the Company of any unauthorized use of his/her username and password.
8. Use of Services
The Services are offered only for video streaming and related materials and are only a conduit for video streaming and related materials.
Each User is solely responsible for deciding whether the Services offered are suitable for his/ her own purposes and whether the Services match the User’s needs.
The User understands, agrees, and allows the Company to track the User’s browsing activity whilst the User is browsing through the Company’s website and/ or mobile application in order to enable the Company to get a better understanding of user preferences and to provide a better User interface.
The Company grants the User a limited, non-exclusive license to access and use the Services for the User’s own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications.
If the User elects to access any component of the Services for which there is a fee, the User agrees to pay all fees and charges associated with his/ her account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on the User’s payment mode. Each User agrees to maintain valid payment information as part of the User’s account information when applicable.
9. Payments & Billing
The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.
By purchasing a payment plan, the User expressly agrees that the Company is authorized to charge the User’s selected payment plan on the payment method the user designates. The User can update or change this information at any time by accessing the relevant section.
Receipts are sent once the charge is successful to the registered email account. The User’s subscription will continue in effect unless and until the user cancels his/ her subscription or the Company terminates it. The User must cancel his/ her payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.
10. User Comments and Suggestions
While the Company values User feedback, the User needs to be specific in his/ her comments and should not submit creative ideas, inventions, or suggestions.
If, despite the prohibition, Users send creative ideas, inventions, or suggestions, all such submissions shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled tounrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to Users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.
11. Intellectual Property
COMPANY NAME and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited.
The Services (including without limitation the related software and media, the design of the Services and associated content including text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (all programs, complied binaries, interface layout, interface text, documentation, resources, and graphics) is the sole and exclusive property of the Company and is protected by copyright, trademark, and other intellectual property common and statutory laws of India and under applicable laws of other countries.
The User agrees that COMPANY owns and retains all rights to the Services and that is content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of India and under applicable laws of other countries.
The User may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.
12. Social Networking and Social Media Content Sharing
Users may have the option to Twitter, Facebook, or other social networking services through the Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the terms and conditions of the social networking Services.
13. Use of Software
If the Services require or include downloadable software such as an app, or use of the software provided by the Company for Publishers, the Company grants a personal, limited, non-exclusive, and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through the Konkani apps App.
Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This license does not allow Users to use the Software on any device that the User does not own or control, and the user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
The User agrees that the Software, including the specific design and structure, constitutes proprietary and confidential information, trade secrets, and/or intellectual property of the Company. The User agrees not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets, or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets, or copyrighted material for the user’s own benefit or for the benefit of any third party.
The User acknowledges and agrees that the use of the Software may require the Company to acquire User’s mobile phone number and perhaps additional such information in order to obtain access Software.
The User agrees that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support, and other services. The Company may use this information, as long as it is in a form that does not personally identify a User.
The Company shall have the right, and the User agrees, that in its sole discretion and with reasonable posted notice and/or sent to the User’s email address, to revise, automatically update, or otherwise modify the Software, at any time. The User’s continued use of the Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated by the User or the Company at its sole discretion. User’s rights under this license will terminate automatically without notice if the User fails to comply with any terms of this License. Upon termination, the User shall cease all use of the Software and delete all versions of the Software possessed by the user. The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
14. Copyright Infringement Notification
If the User believes that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, the User must notify the Company by providing Company’s designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;A description of the copyrighted work the user claims has been infringed, and a description of the activity that the user claims to be infringing;
Identification of the URL or other specific location on the Services where the material or activity the user claims to be infringing is located or is occurring; the User must include enough information to allow the Company to locate the material or the activity;
User’s name, address, telephone number, and e-mail address;
A statement by the User, made under penalty of perjury, that (i) the information the user has provided is accurate and that the user is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) the user has a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.
If the User believes in good faith that a notice of copyright infringement has been wrongly filed against, the User can send the Company a counter-notice that includes the following:
The User’s name and address, and telephone number;
The source address of the removed content;
A statement under penalty of perjury that the user has a good faith belief that the content was removed in error; and A statement that the User consents to be governed by the laws of India and submit himself/herself to the exclusive jurisdiction of the competent courts of Mumbai, India. The Company has designated a legal team as Company’s agent to receive notices of claims of copyright infringement. The user can contact info@konkaniapps.com
15. Warranty Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET USER REQUIREMENTS OR BE OF BENEFIT, THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, THE COMPANY IS NOT RESPONSIBLEFOR THOSE COSTS ASSOCIATED WITH THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR USER-GENERATED CONTENT OFFERED, OR ANY OTHER CONTENT ACCESSED THROUGH THE SERVICES.
THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON THE COMPANY’S PART, OR RESULT IN ANY LIABILITY TO THE USER IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION THE USER HAS UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.
THE COMPANY IS NOT RESPONSIBLE FOR THE DELETION OR LOSS OF FILES OR INFORMATION UPLOADED TO THE SERVICES. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE SERVICES.
16. Limitation of Liabilities
IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE USER UNDERSTANDS AND AGREES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM THE USER’S USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA, EMOTIONAL DISTRESS, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
THE USER UNDERSTANDS AND ACKNOWLEDGES THAT THE COMPANY WILL NOT BE LIABLE FOR ANY NETWORK-RELATED PROBLEMS ATTRIBUTABLE TO THE OPERATION OF THE SERVICE AND THAT NETWORK CONFIGURATION CHANGES MAY AFFECT THE SYSTEM'S PERFORMANCE.
17. Communications
By using the Services the User consents to receive electronic communications from the Company. These communications will include, emails about the account, password, access, marketing, transactional and other information related to the Services and to the User’s account.
18. Additional Terms and Conditions
Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee, or principal and agent relationship between Users and the Company.
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of laws. The User irrevocably consents to the exclusive jurisdiction of the courts located in Mumbai, India in connection with any action arising out of or related to these Term of Service and waives any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action.
If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it unless such party issues an express written waiver, signed by a duly authorized representative.
The user may not assign these Terms of Service or any of the user’s rights or obligations hereunder.
Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user and it does not create any rights for any other parties.