GAANA - ACCEPTABLE USE OF THE SERVICE – USER RESPONSIBILITY ("TERMS FOR USE OF SERVICE")
Welcome to www.podcasts.gaana.com, Gaana App (the "Site") is owned and operated by Gamma Gaana Limited(GGL) . By using the Site, you agree to be bound by these Terms For Use of Service
In addition to the Terms For Use of Conditions (https://gaana.com/terms.html), Privacy
Policy (https://gaana.com/privacy_policy.html) and/or any other agreement entered into
by You with Gamma Gaana Limited, You agree to be bound to the terms and conditions
laid herein:
You agree while using Gaana Podcast Service (the "Service") or the Site that you
SHOULD NOT:
Distribute an illegal or unauthorized copy of another person's trademarked or
copyrighted work;
Alter or modify any part of the Services;
Alter or modify any part of the Platform;
Use the Services for any illegal purpose;
Use the Platform for any illegal purpose;
Use any spider, readers, site search application, or other device to retrieve or index any
portion of the Service or Platform, with the exception of major public search engines;
Transmit any viruses, worms, spam or malware or other items of a destructive nature;
Upload any content that includes code hidden or otherwise contained within the content
which is unrelated to the content;
Reformat or frame any portion of any web page that is part of the Service or Platform;
Collect or harvest any personal identifiable information or account names or solicit
users;
Impersonate another person or artist;
Submit any content that falsely implies sponsorship of the content by the Service or
Platform, falsify or delete any author attribution in any content, or promote any
information that you know is false or misleading;
Post any links to any external Internet sites that are obscene or sexually explicit material
of any kind.
User Content and Conduct
In addition to the general restrictions above, the following restrictions and conditions
apply specifically to your use of the content. You will comply with laws regarding
transmission of data.
You shall be solely responsible for the content provided by You (including musical work,
sound recording etc.) and the consequences of distributing your content via the Gaana
Podcast Service or on any Gaana Platform.
You will mention 'Gaana' in any/all promotional message(s)/statements in the Podcast
Content (excluding archive episodes) itself during the Term of the Gaana Podcast
Content License. You shall ensure that the Podcast Content and/or related material
mentions ‚'Gaana' at all times when any competing podcast distribution platforms is
mentioned (For clarity, in the manner such as ., "subscribe to us on Gaana, Stitcher,
Apple Podcasts, Spotify, or wherever you get your podcasts."). In the event, You fail
to include 'Gaana in such promotional message mentioning competitive podcast
distribution platforms, You shall notify GGL and/or its authorized distributors of such
failure and if after a reasonable cure period You fail to modify the respective
promotional message(s)/disclaimers/statements, GGL may exercise its right to remove
the applicable Podcast Content from the Service and the Podcast Content License
Agreement.
You affirm, represent, and warrant that you own or have the necessary licenses, rights,
consents, and permissions to distribute content through the Gaana Podcast Service or
on any Gaana Podcast Platform
You affirm, represent, and warrant that by publishing the Podcast Content to the Gaana
destination You grant GGL, a non-exclusive, royalty free license/permission to all of the
audio and/or video recordings published to this destination, including any associated
metadata, images or other associated content such as brand materials, trademarks,
logos, images, artwork, etc (the "Podcast Content") for use in connection with the
Podcast Content on Gaana Service.
You shall be solely responsible for the content uploaded by You (including musical
work, sound recording etc.) and the consequences of distributing your content via the
Gaana Podcast Service or on any Gaana Platform
You affirm, represent, and warrant that you own or have the necessary licenses, rights,
consents, and permissions to distribute content through the Gaana Service. For clarity,
you retain all of your ownership rights in your content. However, by distributing content
through the Gaana Destination, you grant GGL a non-exclusive, royalty-free, revocable,
world-wide license to use, reproduce, distribute, prepare derivative works of, display,
perform the content in connection with any Gaana Podcast Service, Platform and
Gamma Gaana Limited's (including but not limited to its successors and affiliates)
business.
By accepting these terms and publishing your content to the Gaana Service and
Platforms, you agree and understand that these materials will be made available to iOS
and Android app users who may select your material for offline play. Accepting our
terms means you grant Gamma Gaana Limited the right to make your content available
to users.
As a reminder - You cannot publish any third-party content which infringes on third party
intellectual property or copyrights, and you cannot make any material available that you
are not the authorized copyright holder for.
You further agree to hold harmless and indemnify Gamma Gaana Limited and its
affiliates, officers, agents, and employees from any claim, suit or action arising from or
related to the use of the content or violation of these terms, including any liability or
expense arising from claims, losses, damages, suits, judgments, litigation costs and
attorneys' fees.
You understand and agree that Gamma Gaana Limited reserves the right to delete,
move, or edit any content that it may determine violates the Terms For Use of Service,
Terms and Conditions and/or Privacy Policy or is otherwise unacceptable and may
terminate your access to the Gaana Podcast Services, without prior notice and at its
sole discretion.
You control your data through your account and/or cookies which may be placed on
your computer. Gamma Gaana Limited bears no responsibility for maintaining your
data.
You understand the Gaana service has an advertising supported model and some ads
may appear around your Podcast Content (before or after) and that You will not have
any say or connection to those advertisements nor will it be implied that You in any way
endorse those advertisers. For the avoidance of doubt, GGL will not share advertising
revenue with Libsyn or Podcaster/You for ads placed by Gaana before and/or after the
episodes of the Podcast Content. GGL will not remove any ads already in the episodes
and GGL will not place any ads in the episode itself.
These Terms For Use of Service, are in addition to and not in derogation Terms and Conditions (https://gaana.com/trems.html), Privacy Policy (https://gaana.com/privacy_policy.html) and or any other agreements executed by you.
It is hereby agreed that in case of any discrepancy between the Terms For Use of
Service and any Agreement/understanding executed between You and Gamma Gaana
Limited, the Agreement/understanding executed by YOU with Gaama Gaana Limited
shall prevail over the Terms For Use of Service.
We may modify this Terms For Use of Service. Gamma Gaana Limited will provide
reasonable advance notice of any material modifications to this Terms For Use of
Service and the opportunity to review them except that, where legally permitted,
modifications addressing newly available features of the Service or modifications made
for legal reasons may be effective immediately without notice. Modifications to this
Terms For Use of Service will only apply going forward. If you do not agree to the
modified terms, you should remove any Content you have uploaded and discontinue
your use of the Service.
Warranty Disclaimer: Other than as expressly stated in this agreement or as required by
law, the service is provided "AS IS" and Gamma Gaana Limited does not make any
specific commitments or warranties about the Service. For example, We don't make any
warranties about: (a) the content provided through the Service; (b) the specific feature.