TERMS OF USE

Last Updated: 06/05/2022

 

www.theupstreamlife.com (“the Website”) is a website developed and maintained by Upstreamlife Media Private Limited, a company registered under the Companies Act, 2013, (“UpStreamLife”). Please read the Terms of Use, (as defined below) carefully before continuing to access and/or use the Website.

The Terms and Conditions along with the Privacy Policy, with their latest amendments and modifications ("Terms of Use") govern the access to, and use of the Website. These Terms of Use represent the agreement between UpStreamLife and the individual or entity (the "User”) who choses visit, browse or use (in any manner access) the Website.

If the User does not agree with any part of these Terms of Use, the User must not access and/or use the Website.

 

Terms and Conditions

UpStreamLife, is a digital media company that inter alia publishes online curated content. It is herein clarified that these Terms and Conditions only govern the use of the Website by the User, and that the terms and conditions of the other services offered by UpStreamLife (“Services”) are detailed separately in the services agreement.

 

1. SCOPE OF SERVICE

  1. In order to enquire about the Services, or to be notified regarding new content published on the Website, the User may be required to register and provide certain personal information including without limitation, name and email address.

  2. Subject to the compliance with Terms and Conditions, including the Privacy Policy, UpStreamLife grants the User a limited, personal, non-exclusive, non-transferable, and revocable license to access (visit and browse) the Website.

  3. The Materials that are published on the Website are subject to change. “Materials” means and includes without limitation, information, images, videos, podcasts, blogs, graphics, music, descriptions, other materials, various terms and conditions, that are published on the Website.

  4. Unauthorized use of Website and systems including but not limited to unauthorized entry into UpStreamLife servers, systems, misuse of passwords, or misuse of any information and/or images/videos posted on the Website are strictly prohibited

  5. UpStreamLife reserves the right, in its sole discretion, to terminate the User’s access to the Website and the related services or any portion thereof, at any time, without notice, for general maintenance or any reason whatsoever.

 

 

2. RESPONSIBILITIES OF THE USER

 

  1. The Users accessing the Website shall be deemed to have read, understood and expressly accepted the terms and conditions of these Terms of Use, which shall govern the access and use of the Website for all purposes, and shall be binding on the User. Further it is the User’s responsibility to review these Terms of Use from time to time. If the User continues to access the Website after notice of change has been intimated or published on the Website (which can determined by referring to the “Last Updated” legend above), the User is considered to have provided unequivocal consent to the changed Terms of Use hereto.

  2. The User’s access to the Website and its contents, is conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms of Use as may be applicable from time to time. For the removal of doubts, it is clarified that access of the website by the User constitutes an acknowledgement and acceptance by the User of these Terms of Use. If the User does not agree with any part of such Terms of Use and notices, the User must not  access (visit/browse/use) the UpStreamLife Website.

  3. While registering, the User may have to choose a password and will be responsible for maintaining the confidentiality of the password and the account. The User will be fully responsible for all activities that occur while using their password or account including without limitation, the activities of the minor on whose behalf the User has accessed the Website. It is the duty of the User to notify UpStreamLife immediately in writing of any unauthorized use of their password or account or any other breach of security. UpStreamLife will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's account at any time.

  4. The User agrees that the User will create, access, and/or use only one user account, and will not share with any third party access to or information regarding access to the said account.

 

3. USER CONTENT

  1. UpStreamLife has the right, in its sole discretion to edit, refuse to post or remove any Material submitted to or posted on the UpStreamLife Website including without limitation any comments made by the User on the UpStreamLife Website.

  2. The Website may contain information, images, videos and product description belonging to third parties (“Third-Party Content”). Such Third-Party Content is made available on the Website on a ‘as-is’ basis. UpStreamLife has no control over, or responsibility for the accuracy of the said Third-Party Content and provides them solely for the convenience of the UpStreamLife Website visitors. The User is strongly advised to conduct due diligence before relying on such Third-Party Content.

 

4. COMMUNICATION BY UPSTREAMLIFE

  1. The User agrees that UpStreamLife may send confirmation, service information, or any such other information relevant to the Service, via email provided by the User at the time of registration.

  2. Further the User may by ‘opting in’ at the time of registration on the Website, specifically authorize UpStreamLife to contact the User with offers on various Services offered by it through notifications on the UpStreamLife website, direct mailers, e-mailers, telephone calls, SMS, WhatsApp or any other medium, from time to time. In case the User later chooses not to be contacted, he /she may write to UpStreamLife for specific exclusion at vishal@theupstreamlife.com The Users are advised to read and understand the Privacy Policy of UpStreamLife on the Website in accordance to which UpStreamLife contacts, solicits the User or shares the User's information.

5. COVENANTS, REPRESENTATIONS AND WARRANTY

 

  1. The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from accessing the Website the under the laws of India or any other applicable law. 

  2. The User covenants that at no time shall the User share the account details and password with any person or entity.

  3. The User warrants that the User will abide by all additional procedures and guidelines, as modified from time to time, in connection with the access and use of the Website. The User further warrants that the User will comply with all applicable laws and regulations regarding use of the Website.

  4. The User covenants, represents and warrants that the User shall not for any reason whatsoever, either directly or indirectly infringe the intellectual property rights of UpStreamLife (or its licensors’ as the case may be), including without limitation, the copyright, trademark, trade name, patents, or other intellectual property rights.

  5. The User further represents and warrants that the User shall not, for any reason either directly or indirectly copy, modify, reproduce, download or otherwise use the Materials posted on the Website.

  1. The User covenants, represents and warrants that the User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

    1. belongs to another person and to which the User does not have any right;

    2. is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

    3. is harmful to child;

    4. infringes any patent, trademark, copyright or other proprietary rights;

    5. violates any law for the time being in force;

    6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

    7. impersonates another person;

    8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

    9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

    10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person

 

6. DISCLAIMER

 

  1. The Website and Materials are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by the User through the Materials shall create any warranty not expressly stated in these Terms of Use.

  2. Further, notwithstanding anything to the contrary on the Website, UpStreamLife makes no representation or warranty that the Materials on the Website will complete, meet the User’s requirements and/or the access to the Website will be uninterrupted, timely, secure, or error-free.

  3. UpStreamLife takes reasonable steps to keep the Website and other user interface channels and the contents correct and up to date, however, UpStreamLife disclaims any guarantee that the contents are  free of errors, defects, malware and viruses or that the information on the UpStreamLife Website is correct, up to date and or accurate.

  4. UpStreamLife shall not be liable for any damages resulting from the use of, or inability to use, the UpStreamLife Website, including without limitation damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, damages caused by malware, viruses or any incorrectness or incompleteness of the information on the UpStreamLife Website or other user interface.

  5. Although the Website may include links or access to external links and web pages, UpStreamLife is not responsible for the accuracy or the content of the information that is contained in the sites/apps. Links from UpStreamLife Website to third party sites/apps do not constitute an endorsement by UpStreamLife of the parties or their products and services. The appearance of the information of these third parties does not constitute an endorsement by UpStreamLife.

  6. The Website includes third-party content, advertising information or promotional material (“Advertorials”) and it is hereby clarified that, to the maximum extent permitted by applicable law, UpStreamLife disclaims any and all liability for and towards any Advertorials, and the intellectual property, and other proprietary rights in the Advertorials.

  7. UpStreamLife is not responsible for the accuracy of any content which may be accessed by the User through the Website including in Materials and Advertorials. The User is strongly advised to conduct due diligence independently before relying on any information provided on the Website. Any action upon the same is at User’s sole risk and discretion.

  8. UpStreamLife is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked app or website pages. UpStreamLife does not endorse any advertiser/seller on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

  9. UpStreamLife reserves the right, in its sole discretion, to terminate the access to any or all UpStreamLife Websites or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.

 

7. SAFETY OF DATA AND DOWNLOAD

 

The User understands and agrees that any Material and/or data downloaded or otherwise obtained through the use of the Website, is done entirely at the User’s own discretion and risk and that the User will be solely responsible for any damage to their computer systems and/or loss of data that results from the download of such material and/or data.

 

8. INTELLECTUAL PROPERTY RIGHTS

 

  1. The ownership of all intellectual property rights relating to the UpStreamLife Website and its contents, including but not limited to Materials, logos, images videos, descriptions, articles, software application, codes, or any part or parts thereof, and documentation thereof shall vest solely with UpStreamLife or its licensors as the case may be.

  2. The User agrees and undertakes that the User shall not copy or reproduce the content including without limitation, the logos, articles, images, videos, software application, Materials, Advertorials or any part thereof, to which the User might be granted any access or right to use by UpStreamLife. The User further undertakes not to in any other way use the UpStreamLife Website and its contents for purposes other than in accordance with these Terms of Use.

 

9. LIMITATION OF LIABILITY

 

  1. UpStreamLife shall not be liable to the User or any third party for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, but not limited to, damages for loss of use, data, business or profits, arising out of or in any way connected with the access to the Website, use of the Website including without limitation use of Materials, or performance of the UpStreamLife Website.

  2. UpStreamLife shall not be liable for the delay or inability to use the Website or related Services.

  3. To the maximum extent permitted by law, UpStreamLife shall not be liable for failure to provide service, or for any and all losses, liabilities, claims, damages costs and expenses ( including legal fees and disbursements in connection  therewith and interest chargeable thereon) asserted against or incurred by the User as a result of use of Materials, Advertorials, information and related graphics obtained through the UpStreamLife Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.

  4. UpStreamLife shall not be liable for any errors, omissions or representations on any of its Website pages or on any links or on any of the linked apps or website pages.

  5. UpStreamLife shall not be liable for any infringement of any third party’s intellectual property caused by the User.

  6. The limitations and exclusions in this Section 9 apply to the maximum extent permitted by applicable laws.

 

10. INDEMNIFICATION

 

The User agrees to indemnify, defend and hold harmless UpStreamLife and its directors, officers, employees, consultants and agents from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by UpStreamLife that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms of Use, including for any infringement of intellectual property rights caused by the User that arises out of or in relation to the User’s access to the Website.

 

11. TERMINATION

 

UpStreamLife reserves the right to suspend or terminate the User’s use of UpStreamLife Website if it believes, in its sole discretion that the User may have breached, infringed or violated any terms and conditions  under these Terms of Use.

Further, UpStreamLife reserves the right to suspend or terminate any of the services available through the Website at will, for any reason whatsoever without prior notice to the User.

 

12. ENTIRE AGREEMENT

 

These Terms and Conditions together with the Privacy Policy constitute the entire agreement between the User and UpStreamLife in relation to the use of UpStreamLife Website and supersede all previous agreements in relation to the UpStreamLife Website.

 

13. VARIATION

 

UpStreamLife reserves the right to revise the terms in these Terms of Use from time-to-time. The revised terms will apply to the use of UpStreamLife Website from the date of the publication of the revised Terms of Use. The User is required to check the Terms of Use regularly to ensure the User is familiar with the current version.

14. COMPLAINTS

 

The User may contact vishal@theupstreamlife.com to raise any complaints, grievances, or concerns with respect to the Website, Materials, Advertorials and other content, or the Services.  

 

15. GOVERNING LAW AND JURISDICTION

 

These Terms of Use shall be governed by and construed in accordance with the laws of India. Parties shall endeavour to negotiate and amicably resolve any disputes, controversy or claim between the parties hereto arising out of or in connection with these Terms of Use, including the breach, termination or invalidity thereof, failing which courts in Bangalore shall have exclusive jurisdiction with regard to any disputes arising from these Terms of Use.