MANICPOD® TERMS OF USE

If you do not agree to abide by these terms of use ("Terms of Use") and the Privacy Statement , do not use Manicpod’s website www.manicpod.com and mobile applications (collectively “Platform”) in any manner.

By using the Platform, you are accepting all the terms and conditions set forth herein. If you do not agree with anything in this notice you should not use the Platform as your act of using the Platform shall be considered as your express acceptance to all terms and conditions herein and no objection of any nature shall be treated against your acceptance. All text, graphics, user interfaces, visual interfaces, audio clips, trademarks, logos, sounds, music, artwork and computer code or other intellectual property vested in the Platform, unless specified otherwise belongs to Syno Media Private Limited(“Manicpod”).

Subject to your strict compliance with these Terms of Use at any and all times during your use of the Platform, Manicpod hereby grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded by a content contributor who uploaded the relevant Podcasts (the "Uploader") and posted to the Platform, to listen to audio content streamed from the Platform (“Podcasts”) using the features of the Platform, and download a Podcast for offline listening where the appropriate functionality has been enabled by Manicpod.

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use at all times during your use of the Platform, Manicpod grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:

  1. submit, upload or post Podcasts to and keep such Podcasts available on the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Platform from time to time;
  2. participate in the community areas and communicate with other members of the Manicpod community strictly in accordance with these Terms of Use; and
  3. use the Platform strictly as permitted in accordance with these Terms of Use (as amended from time to time).

The above licenses are conditional upon your strict compliance with these Terms of Use at any and all times during your use of the Platform, including, without limitation, the following:

  1. You must not copy, rip or capture, or attempt to copy, rip or capture, any Podcasts from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant uploader has elected to permit downloads or offline listening of the relevant Podcasts.
  2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Podcasts on or from the Platform at any and all times, except
    1. where such Podcast is your content at any and all times during your use of the applicable Podcasts, or
    2. as permitted under these terms of use, and within the parameters set by the uploader (for example, under the terms of creative commons licenses selected by the uploader).
  3. You must not use any Podcasts (other than your content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
  4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Podcasts.
  5. You must not employ any techniques or make use of any services, automated or otherwise, designed to alter or modify your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means, nor offer or promote the availability of any such techniques or services to any other users of the Platform.
  6. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Podcasts appearing on the Platform (other than your content).
  7. You must not, and must not permit any third party to, copy or adapt the object code of the Platform or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Podcasts.
  8. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
    • any Podcasts that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable given the facts and circumstances;
    • any information, Podcasts or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    • any Podcast that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Manicpod’s reasonable opinion;
    • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
    • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  9. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  10. You must not rent, sell or lease access to the Platform, or any Podcast on the Platform, nor allow others to access your account, or the Platform via your account login credentials
  11. You must not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  12. You must not exploit, threaten, abuse or otherwise harass another user, nor use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
  13. You must not sell or transfer, or offer to sell or transfer, any account to any third party without the prior written approval of Manicpod.
  14. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  15. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Manicpod, access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Manicpod’s servers, system or network or attempt to breach Manicpod’s data security or authentication procedures; attempt to interfere with the Platform or the services by any means including, without limitation, hacking Manicpod’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Manicpod under these Terms of Use, Manicpod reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that Manicpod has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

Manicpod neither warrants nor represents that your use of materials displayed on the Platform and mobile applications will not infringe rights of third parties not owned by, or affiliated with, Manicpod.

To the fullest extent permissible pursuant to applicable law, Manicpod and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

You expressly agree that any use of the Platform, including all content, data or software distributed by, downloaded or accessed from or through the Platform is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

Except as otherwise provided under applicable laws and regulations regarding the security of personal data, Manicpod disclaims any warranty or representation that confidentiality of information transmitted through the Platform will be maintained.

No advice or information, whether oral or written, obtained by you from Manicpod or third-parties through any Platform shall create any implied or express warranty.

Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Manicpod is prohibited

Our Platform may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

To the extent permitted by law, under no circumstances, including, without limitation, negligence, shall Manicpod or its subsidiaries, affiliates, officers, directors, employees, agents or suppliers be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with the use of or the inability to use the Platform or any content contained on the Platform, or, except as otherwise provided under applicable laws and regulations regarding the security of personal data, resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data or other intangibles, even if advised of the possibility of such damages.

These Terms of Use and all transactions entered into on or through the Platform shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Platform, these Terms of Use or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and you hereby accede to and accept the jurisdiction of such courts.

In the event You come across any abuse or violation of these Terms of use or if you become aware of any objectionable content on the Website, please report to the Proprietor’s customer support team.

By use of the Website, the User consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Proprietor in respect of the Website. You further consent that these terms and contents of such Privacy Policy are acceptable to.

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.