Welcome to AyeVee. These terms and conditions of use (the “Terms and Conditions” or the “Agreement”) and the privacy policy (“Privacy Policy”) constitute agreements between yourself and AyeVee. If you do not understand, or do not wish to be bound by the terms of these agreements, please do not use this website, www.ayevee.com (the “Site”). The AyeVee Site, and applications (collectively, "AyeVee" are operated by Asiaville Interactive Private Limited and its affiliates (collectively, "us", "we" or the ("Company"). This Agreement describes the terms on which you may access and use the Site, software, mobile application, services or other offerings on AyeVee (the “Services”). By accessing or using AyeVee, you signify that you have read, understood and agree to be bound by these Terms and Conditions, whether or not you are a registered user of AyeVee.
In the event of any inconsistency between the Privacy Policy and this Agreement, the Agreement shall prevail. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use or access the Services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting the amended Terms and Conditions on Site. Your continued use of AyeVee indicates your acceptance of the amended Agreement.
AyeVee is a video application which will primarily, host and transmit the contents made available by the Company. A registered user of AyeVee may create content which would thereafter, be curated by the Company before posting on AyeVee. It is also possible for a vendor or merchant to use AyeVee and upload details of their products through video postings. These products may be marketed with the help of the video postings, i.e. any sponsored content made by the content creators who are the registered users of AyeVee/social media influencers of AyeVee on e- commerce model at a price mechanism and revenue sharing agreed between such vendor or merchant and the Company. Eventually, these marketing efforts may get the products purchased by the viewers of AyeVee. It is hereby clarified that AyeVee does not endorse any of the products so marketed and shall not be responsible for any ratings or reviews/feedback/comments expressed by a user and/or viewer or his/her rating of a particular product or other Service.
As an online service provider hosting user-provided content, AyeVee is not responsible for the conduct of the users on AyeVee. We do not guarantee the quality, accuracy or effectiveness of any products or other Service provided on AyeVee. In that respect, AyeVee conducts due diligence on all the exclusive and/or the curated content only for compliance with AyeVee policy with respect to the same, and not for the authenticity or accuracy of the information provided in such user postings.
Use of the Site and Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Site or Services. If you are under eighteen (18) years of age, then please read the Terms and Conditions and the Privacy Policy with your parent or legal guardian. By using, accessing or purchasing access to this Site and Services, you represent that you (or your parent or legal guardian on your behalf if you are a minor) have read, understood and agree to the Terms and Conditions and the Privacy Policy. If you, or in the case that you are a minor, your parent(s) or legal guardian(s) do not agree with any part of the Terms and Conditions and the Privacy Policy, then please do not use, access or purchase access to the Site and Services.
From time to time we may modify the Terms, and in that case your continued use of the Site and Services subsequent to such notice shall be deemed to constitute your, or in the case that you are a minor, your parent's or legal guardian's acceptance of such changes, modifications or additions.
You must provide your full legal name, valid email address and any other information requested from you in order to complete the registration process and be entitled to use the Services. Once you complete registration on the Site you will be a registered user which (i) allows you to access and post content on the Site; (ii) allows us to contact you in order to inform you of changes to the terms of use of the Site or describing new services that we enable on the Site and (iii) allows you to make use of the Services on the Site subject to these Terms and Conditions.
In consideration of your use of the Site, you agree:
The information provided by you may be shared by us with any third party for record keeping purposes, internal procedures or for any other purposes and by using this Site you expressly consent to such sharing of the information.
You give us permission to show your username, profile picture and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, advertisements, offers and other sponsored content that you follow or engage with that are displayed on AyeVee, without any compensation to you.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our website (or any portion thereof). Your access to and use of AyeVee, including any password access to AyeVee, may be changed, restricted or terminated by AyeVee by notice with immediate effect at any time and for any or no reason, at the sole discretion of AyeVee, and we shall not be liable to you in any manner whatsoever for any such change, restriction or termination.
Further, you may not transfer your account to any other person and you may not use another user’s account at any time without the permission of that user. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling such user's access to and use of the Services; and (iii) the consequences of any misuse.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges.
The Site, including but not limited to all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code and any other information or materials of any nature whatsoever (collectively, the “Content") is owned and controlled by AyeVee and/or its affiliates, its licensors and/or its content providers and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Site(the "Marks") are the property of the Company. You are not permitted to use the Marks without our prior consent or the third party that may own the Marks.
Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without AyeVee’s express prior written consent.
Except as may be otherwise specifically indicated in the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non- commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content or Marks contained herein. Except as authorized under the law relating to copyright, you may not reuse any Content or Marks without first obtaining the consent of AyeVee. You shall not remove any copyright, trademark or other proprietary notices from material found on the Site.
By submitting a posting on the Site, you hereby represent and warrant the following:
Your postings are subject to AyeVee’s approval, which it may withhold or deny at its sole discretion without providing any reason whatsoever. We also reserve the right to terminate a posting at our sole discretion. The followings postings or Content are expressly prohibited on AyeVee:
Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload Content on the Site, or to make contact with other users of our Site, you must comply with applicable data protection rules/laws and the content standards as mentioned above. The content standards apply to each part of a posting as well as to its whole. Your posting must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.
When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the Terms and Conditions on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:
We exclude our liability for all action we may take in response to breaches of these rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
Upon such termination/suspension of your account, you will no longer be able to access your account, content or data you have stored on the servers. All licenses granted to you by us to the Site or the Services will automatically terminate.
By uploading video/audio content/image Content/ Content on AyeVee, You grant to us, royalty-free sub licensable (so that the Company or its affiliates, subcontractors and other partners is able to use the Content to provide the services), and worldwide license to provide the services under this Agreement. It is hereby clarified that we do not claim any ownership of your Content. You will continue to own Your Content and can use it in any way that You choose.
You agree and acknowledge that AyeVee reserves the right not to use any image or prevent the upload of any image that does not meet acceptable standards of quality. The Content uploaded by You is subject to editorial changes by Us, including but not limited to cropping, resizing etc. We shall at all times, reserve the right to delete any image uploaded by You which is inappropriate and unlawful.
Some areas of the Service may allow users and/or viewers to post feedback, comments, questions, data, documents, pictures and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We will not review, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non- exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each user and/or viewer of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
Notwithstanding our efforts to ensure that the Site is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilizing the Site, will not be monitored or read by others.
We may issue instructions from time to time intended to ensure the security of the Website. You agree to comply with those instructions. For example, we may, for security reasons require you to re- authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Site.
We are not responsible for any information you may lose if we terminate your browser session due to prolonged periods of inactivity between your browser and the Site.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
Violations of system or network security may result in civil or criminal liability under applicable laws. We may investigate occurrences that may involve such violations and may involve, and co-operate with the law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Site and other than generally available third party web browsers .
The contents, websites, services and third party websites or services linked to from the Site or otherwise accessed is provided on an ‘as-is’ and ‘as available’ without any warranties. To the extent permissible under the law for the time being in force, the Company disclaims all warranties, express or implied. The Company does not warrant or represent that the content shall be error free, or that the access to the Site shall be uninterrupted and devoid any malware or that server that hosts the Site shall be free from viruses. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content, including but not limited to user generated content. Therefore, except as expressly set forth in this Agreement, we disclaim any representation or warranty regarding the performance, availability, functionality or any other aspect in the Services provided by the Site.
Links to third party websites are provided merely for information and convenience of the users. We disclaim endorsement or support to the content of third party links. By clicking on the third-party link, you will leave the Site and shall be governed by the Terms and Conditions, if any, of the third party website you are accessing.
In no event shall the Company, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Site or the Services.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms and Conditions and the Privacy Policy; (iii) your violation of any third party right, including without limitation, any intellectual property rights or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Service.
The Terms and Conditions, along with the Privacy Policy, and any other guidelines made applicable by the Site from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Site and the Services thereof.
The Site, the Terms and Conditions, the Privacy Policy and all transactions entered into on or through the Site and the relationship between you and the Company shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Site, the Terms and Conditions, any transactions entered into on or through the Site or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the competent courts located in Chennai. The Company accepts no liability whatsoever, direct or indirect for non- compliance with the laws of any country other than that of India.
Any content that you or other users contribute to AyeVee, which is visible to or accessible by at least a subset of the AyeVee’s users shall be deemed to be User Generated Content (“UGC”).
Since our app allows UGC, we advise our users to flag Objectionable UGC and they are immediately removed from the app. We encourage our users to flag inappropriate videos and our inhouse quality team removes inappropriate videos in a timely manner.
We remove those users who upload Objectionable UGC (as defined herein) from the app.
You give us rights over your content when you decide to upload videos on AyeVee.
Objectional UGC
The followings content (collectively referred to as “Objectionable UGC”) are expressly prohibited on AyeVee (including without limitation):
a) Postings that defames, harasses or threatens others;
b) Postings that discusses illegal activities;
c) Postings that infringes another party’s intellectual property copyrights, trademarks or privacy rights;
d) Postings that are seditious, offensive, liable to incite racial/communal/religious hatred, menacing, misleading, deceptive;
e) Profane, pornographic, obscene, indecent or unlawful postings;
f) Postings related to partisan political activities;
g) Postings which are in contravention of applicable laws, regulations or third-party rights;
h) Content which is sexually implicit in nature;
i) Content which has profanity;
j) Content which promotes hatred towards an individual or a community;
k) Content which endangers children’s safety and is inappropriate;
l) Content which promotes violence and is violent in nature;
m) Content that promotes betting;
n) Content which promotes or features any illegal activities; and
o) Content which promotes bullying of another individual.
User Guidelines
You acknowledge and accept that your conduct while using or accessing AyeVee shall adhere to the user guidelines further detailed hereunder. You are advised to carefully read user guidelines before using or accessing AyeVee.
The user guidelines shall ensure every user has a pleasant, safe and respectful experience on AyeVee. If any of user guidelines contain herein are violated by a user, the Company reserves the right to suspend or terminate such user’s account and refuse any and all current or future use of our website (or any portion thereof) without notice. If required, the Company shall also notify and report violations and deviant conduct to the authorities.
The user guidelines that all users are to adhere to are as follows:
a) Users must not upload any Objectionable UGC.
b) Users must only upload their own photographs on the account.
c) Users must not impersonate another person. Users must not use name, personal information or photographs that are not their own.
d) Users must not upload photographs of minors.
e) Users must not upload any content with nudity or sexually explicit content.
f) Users must refrain from using offensive, abusive or inappropriate language.
g) Users must not harass, abuse, target or bully any other user.
h) AyeVee does not tolerate any kind of discriminatory content and promotion of hatred.
i) User cannot use the AyeVee for commercial activity, soliciting or selling products/services.
j) Users must not use AyeVee for illegal activities. In case a user is found indulging in illegal activities, such user may be reported to the authorities.
k) Any report of stalking, threats, bullying, or intimidation shall be viewed seriously and reported to the authorities.
l) Users must not post content that is in violation of another person’s intellectual property rights.
m) Users must not create, upload or distribute content that facilitates the exploitation, promote predatory behavior towards children or abuse of children. This includes all child sexual abuse materials.
n) Users must not post any content that contains hate speech.
We at AyeVee run contests at varying intervals to better engage with our users.
We declare that for our iOS users, Apple Inc is not linked in any manner, directly or indirectly in any of the contests we run.
Also, the Company reserves exclusive rights to change the dates, rules of the contest at any time, even during the contest period.
All contests are conducted by Asiaville Interactive Private Limited through its app AyeVee. Apple Inc is not involved in nor connected in any way with any present or future contests that are conducted on AyeVee and therefore, Apple Inc disclaims any and all liability for the acts, omissions and conduct of Asiaville Interactive Private Limited in connection with or related to the contests and use of the AyeVee App.
Please contact us at ayevee@asiaville.in to report any violations of these Terms and Conditions or to pose any questions regarding these Terms and Conditions or the Services.