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Eight/Terms and Conditions

Terms and Conditions

Updated on: April 10th, 2024

 

1. INTRODUCTION

These Terms of Use (“Terms”) outline the rules and regulations for the use of this application and web portal titled “Eight” and the usage of Studio (as defined herein) (collectively “App / Application”), on all web browsers across devices and Android and iOS mobile devices (as available) on the app stores including but not limited to Google Play Store and Apple App Store. The App is a medium to provide users an uninterrupted and safe space to stream and consume audio content without having to worry about unjust solicitation of any personal or proprietary information (“Service/ Services”).

The following terminology applies to these Terms, our privacy policy, and all other agreements found on our App and web portal: “User”, “Visitor”, “You” and “Your” refers to you, the person logging on to this Application, the user of the Services, and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our(s)” and “Us”, refer to our Company i.e. Eight Network Creations Private Limited, having its registered office at L-148, 5th Main Road, Sector 6, HSR Layout, Bengaluru, Bengaluru Urban, Karnataka, 560102. For the purpose of these Terms, you and we shall hereinafter be collectively referred to as “Parties” and individually as “Party”. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

These Terms will govern the relationship between the Parties and set forth the terms and conditions by which you may access and use the App and our Services, products, and content. Further, these Terms along with all our other policies and regulations (as available on the App/web portal) constitute a valid and binding agreement between you and the Company. The present Terms, which shall form a binding agreement upon the Users, are produced in the English language. The present Terms in English, i.e. the original language, shall take precedence over any translation of the present Terms along with all other policies and resources provided herewith.

By accessing or using the App or web portal and/or the Services, you accept to be bound by these Terms including our other policies (including without limitation privacy policy and community guidelines). Discontinue the use of this App or web portal if at any point you do not agree to or accept all of the present terms and conditions which are subject to amendment from time to time. It is hereby strongly advised that you read the present document carefully, as continuing to use our Services would entail unequivocal consent to all the terms and conditions mentioned herein in these Terms. If you do not agree to these Terms, you are not entitled to avail of / use the services and any use thereafter shall be unauthorized.

By signing up for or using the Service, you acknowledge that you are 18 or over and can legally contract under the Indian Contract Act, 1872 (or any equivalent law in any part of the World where Services are being used or accessed) and agree to the Terms. If you are a minor, you may use the Service only with the involvement of a parent or guardian. You may not use the Service if you are an individual or entity barred from using the Service under the laws of India or applicable jurisdiction. You may not use the Service for any purpose that is illegal or prohibited by these Terms.

 

2. ACCEPTING THE TERMS

You can accept the Terms by accessing or using our Services and/or the App or web portal. You understand and agree that we will treat your access or use of the Services and/or the App or web portal as acceptance of the Terms from such usage onwards.

By accessing or using our Services, you confirm that you form a binding contract with the Company, and agree to comply with the conditions and provisions of these Terms as well as our other policies including without limitation privacy policy and community guidelines. Your access to and use of our Services is further subject to our privacy policy and all other policies on the App or web portal as released and/or amended from time to time which can be found directly on the App or the web portal, or wherever the App is made available for download, on your mobile device’s app store, and are incorporated herein by reference.

If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” include you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms and that you agree to these Terms on such entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

During your usage or access of our Services and/or App or web portal, some of our Services or content may consist of software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services or content, and these Terms will apply to all such upgrades.

Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and may not be available to all users of the App or web portals. Any and all resulting content by the users shall be royalty-free in nature.

 

3. AMENDMENT TO THE TERMS

With the aim to ensure that the App and the web portal are deployed in the most effective and efficient manner possible, the Company reserves the right to amend/modify/change/revise these Terms or any part thereof from time to time at its sole discretion. You should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such amended Terms. Notwithstanding anything contained herein, your continued access or use of the Services and/or App or web portal after the updated effective date of any revised Terms or part thereof constitutes your acceptance of such revised Terms. If you do not agree to the revised Terms, you must stop accessing or using our Services and/or App or web portal.

 

4. AGE RESTRICTIONS

You must be at least 18+ years of age to become a user of the App or web portal and it is hereby deemed to be construed that if you are 13+ and want to use the services,  you acknowledge that you are using the Services and the Application with the express supervision and consent of your parent and/or legal guardian, who have reviewed and agreed to these Terms on your behalf and discussed the same with you. However, if by virtue of your local law, you are necessitated and required to be of a certain age, that is above 13 (thirteen) years to use any such services as offered by our web portal or App, then such law shall take precedence over this clause and any usage of our services not in consonance with the local laws would only form a liability upon such person going against the local law and no liability would fall upon us. You hereby represent and warrant that the details provided by you (including without limitation your name, age, gender, and contact details) are not fraudulent and are completely true. The Company reserves the right to take necessary actions against you as may be available under the applicable laws in the event any such information provided by you is false and/or true and correct information is intentionally not furnished to the Company.

 

5. PERSONALIZATION

Our Services are personalized for you by design. We will use your selected interests and your activity on our App and web portal to recommend posts, and other users to connect with, as well as recommend content we think may be interesting to you. For additional details, please refer to our privacy policy available at https://www.eight.network/privacy-policy. 

 

6. YOUR ACCOUNT WITH US

To access and use our Services, you must create an account with us, i.e., on the web portal or App. When you create this account, you must provide accurate and up-to-date information about yourself including without limitation your name, age, gender, phone number, email address, etc. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. The present Terms are also accessible to you on the web portal and App at all times.

We require that you use your own name as your username. You shall not: (i) create any account for anyone other than yourself without such person’s permission; (ii) use a username that is the name of another person with the intent to impersonate that person; (iii) use a username or account that is subject to any rights of a person other than you without appropriate authorization; (iv) use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

It is important that you keep your account password confidential and that you do not disclose it to any third party. We shall not be liable under any circumstance for your account being hacked or used by any third party, be it by negligence on your part or caused by any other reason. You agree and undertake that you are responsible for any activity that occurs through your account. By allowing others to access your account, you agree that such individuals are acting on your behalf and that you are bound by any actions/inactions made by such person. We can terminate your account or place your account on hold in order to protect you, the Company, or our users from identity theft or other fraudulent activity. You agree that you are solely responsible (to us and to others) for the activity that occurs through your account on our App or web portal If you know or suspect that any third party knows your password or has accessed your account without your consent, you must notify us immediately at complaints@eight.network as well as change your account password if the same is still accessible by you.

We will collect some of your personal information for creating your account with us, the details of which can be accessed in our Privacy Policy, it is recommended that you peruse all legally binding documents before creating an account and availing our Services. Once you have created and/ or accessed your account or used the Services either through the web portal or App, it shall constitute an acceptance of the present Terms and any other allied policies including our privacy policy.

We further reserve the right to, at any time and at our own discretion, remove, rename, reassign, cancel, or ask to change any user account name, tag, related imagery, or links whenever deemed appropriate by us. This may be done by us with or without notice and with no obligation to give a reason for such actions. However, in case we attempt to give such notice through reasonable channels such as email, texts, or in-account notifications and the same is not received and/or acknowledged by you, then no future liability shall be created upon us towards you or any third party.

If you no longer want to use our Services and would like your account deleted, contact us at ask@eight.network or you can fill out the form from the app and we will provide you with further assistance and guide you through the process. Further, if you use a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the App within 48 hours to ensure that your messages are not sent to the person who acquired your old number. You may also delete your account through our web portal and Application by accessing the account settings. It is pertinent to note that once you choose to delete your account, you will not be able to reactivate your account. Once the account is deleted, you will not be able to recover/restore any purchases made by you on the web portal or App while availing the Services.

 

7. USER CONTENT

Users of the Services may be permitted to transmit (via. streaming) i.e. make available content through our Services by way of sound recordings and musical works, live audio, live podcasts, live shows, and/or any other form of textual, audio, video, etc., communication on the App with the Company and/or any other User of the Service (“User Content”). You must ensure that your User Content and/or Studio Content (as defined hereunder), and your conduct, comply with the acceptable use terms set forth in this Section. The information and materials in the User Content and/or Studio Content have not and will not be verified or approved by us. The views expressed by other users through the Services do not represent our views or values but the Company may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. We may, in our sole discretion, remove or limit access or availability to any content or account that we consider in good faith to violate this policy. Further, You should bear in mind that circumstances change and that information in the content that may have been accurate at the time of uploading that content will not necessarily remain so. The User Content and/or Studio Content made available by You shall adhere to the Community Guidelines of the Company, which can be accessed at https://www.eight.network/community-guidelines

In general, you shall not use our Services in any manner and/or create, develop, produce, edit, or publish any User Content and/or Studio Content that is illegal with respect to the laws in force in your region as well as the laws of India and further including any use that we, in our sole discretion, deem to be illegal, inappropriate, harmful to our reputation, or in violation of the legal or contractual rights of the web portal and App or any third party. These Terms set forth examples of certain prohibited conduct, but such examples are for purposes of illustration and do not limit our right to deem other conduct to be in violation of the present Terms. You warrant that any contribution/ User Content and/or Studio Content that does not comply with acceptable standards will lead to the termination of your account and you will be liable to us and shall further indemnify and keep indemnified and hold harmless the Company for any breach of these Terms including without limitation any such warranty. You will be solely responsible for any loss or damage we suffer as a result of your breach of these Terms or any such act that puts us or the platform in jeopardy of any legal or non-legal claim.

By uploading User Content and/or Studio Content to the App or web portal, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content and/or Studio Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content and/or Studio Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content and/or Studio Content you upload to the App or web portal.

The User(s) agree and acknowledge that all User(s) who host, display, upload, modify, publish, transmit, store, update or share any information relating to news and current affairs content, shall, in addition to compliance with the Terms, Privacy Policy and all other rules and regulations of use of the App hereunder, shall furnish the details of their personal User accounts (as on the App) to the Ministry of Electronics and Information Technology, Government of India, in accordance with applicable laws including without limitation Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The Company offers users the ability to submit User Content and/or Studio Content to or transmit such Content through the Service. The Company does not pre-screen any User Content and/or Studio Content but reserves the right to monitor, remove, disallow, block, or delete any User Content and/or Studio Content without prior notice and in its sole discretion. We have the right – but not the obligation – in our sole discretion to monitor, remove, disallow, block, or delete any User Content and/or Studio Content with or without notice and without any liability to you. Copyright owners may send us a takedown notice if they believe we are hosting infringing materials. All streamed content will be stored and retained in our backend storage for a period of 180 days for reference and redressal purposes in relation to any claims made against User content. We will, in appropriate circumstances, terminate your account for repeatedly infringing any third-party rights and are struck down by either us or any other user 3 (three) times. The Company, in its sole discretion, has the right to strike your account for a period of 24 (twenty- four) (‘Strike-Down Period”) hours, in case of any violations brought to its notice. You shall be given a right to be heard during the Strike-Down Period and in case there is no violation found, as per the sole discretion of the Company, your account shall be restored. Further, the Company reserves the right to take down any content against which any violation/claim has been received by the Company.

  1. Content Restrictions

As a condition of use of the Services, You promise not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of Your activity in connection with the User Content and/or Studio Content and/or use of the App and/or the Services. You shall not stream any content that may be construed as illegal, offensive, or defamatory, including but not limited to the following:

  • Infringes any copyrights or other rights (e.g., trademark, privacy rights, etc.) of any other third party;
  • Is sexually explicit or promotes sexual services;
  • Is defamatory, derogatory, obscene, pornographic, paedophilic, or invasive of another’s privacy, including bodily privacy;
  • Is harassing or abusive;
  • Contains hateful or discriminatory speech;
  • Promotes or supports terror or hate groups;
  • Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  • Exploits or endangers minors;
  • Depicts or encourages self-harm or suicide;
  • Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
  • Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
  • Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
  • Violates any applicable law of the country wherein the Services are being utilized.
  1. Code of Conduct

In using our Services, you shall not:

  • use an offensive text, audio, video, screen name (e.g., explicit language) or avatar/poster/image etc. (e.g., containing nudity);
  • Upload any musical works or sound recordings or audio of any manner that you do not own the intellectual property rights or license to;
  • Act in a deceptive manner or impersonate any person or organization;
  • Harass or stalk any person;
  • Harm or exploit minors;
  • Distribute “spam” in any form or use misleading metadata;
  • Collect personal information about others;
  • Use or export any of our Services in violation of any Indian laws and/or laws of the country wherein the Services are being utilized;
  • Engage in any unlawful activity;
  • Cause or encourage others to do any of the above.
  1. Prohibited Technical Measures

You shall not:

  • scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services and/or App; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
  • Submit any malicious program, script, or code;
  • Take any other actions to manipulate, interfere with, or damage our Services.
  1. Restricted Users

You shall not create or maintain an account if you are a member of any terror or hate group or any such organisations. Further, you may not create or maintain an account if you are (a) located in a country that has been designated by the Indian Government as a terrorist-supporting country; or (b) listed on any Indian Government list of restricted parties. In all other cases, if you discover any content that infringes or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist, or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam, or otherwise violates these Terms and/or any other policies of the Company and/or any applicable law, please report this to us at complaints@eight.network.

  1. Use of your Content

You hereby grant the Company an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, and otherwise exploit and use (collectively, “Use”) all User Content and/or Studio Content you upload to or through the Services by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting the Company and the Services and/or web portal or App; (ii) displaying and sharing your User Content and/or Studio Content to other users of the Service; (iii) disclosing your User Content and/or Studio Content on and through the web portal or App (iv) providing the Services as authorized by these Terms; and (v) sublicensing editors the appropriate rights to enable them to create Collaborative UGVs that incorporate any of your User Content and/or Studio Content as permitted by these Terms. If you terminate these Terms or remove any of your User Content and/or Studio Content from the Service after it has been included within a Collaborative UGV, then your license grant with respect to your User Content and/or Studio Content included within such Collaborative UGV is perpetual and irrevocable. In addition, User Content and/or Studio Content you delete from the web portal or App may persist for a limited time period in backup and will still be visible by others who have shared it. You further grant the Company a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content and/or Studio Content. You must not post any User Content and/or Studio Content on or through the and/or web portal or App or transmit to the Company any User Content and/or Studio Content that you consider to be confidential or proprietary. Any User Content and/or Studio Content posted by you to or through the and/or web portal or App or transmitted to the Company will be considered non-confidential and non-proprietary, and treated as such by the Company, and may be used by the Company in accordance with these Terms without notice to you and without any liability to the Company. For Example: If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not stream or otherwise make available such sound recordings through the Services unless you have all permissions (including any necessary licenses), clearances from, or are authorized by, the owner of any part of the content to submit it to the Services. We call User Content and/or Studio Content that is made available to anyone using our Services “Public Content”. This includes any content contributed through a public account. By submitting User Content(s) and/or Studio Content on the App / web-portal or otherwise through the Services, You hereby do and shall grant the Company and/or its business partners, affiliates, subsidiaries, etc., a perpetual, worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, adapt, translate, prepare derivative works of, display, perform, and otherwise fully exploit the User Content(s) and/or Studio Content in connection with the App, the Services and the Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). This right of the Company shall survive even in the event such User Content and/or Studio Content is removed by the users of the App and/or the Services. When you create Public Content or publish content on your public account you also grant the Company and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use your name, likeness, and voice, for commercial and non-commercial purposes. You represent and warrant to us that the User Content and/or Studio Content you contribute to the Company is either not subject to copyright or any other proprietary rights or that you have all necessary permissions, clearances, and authorizations to contribute the User Content and/or Studio Content to Company and to grant us all of the rights that you grant to us under these Terms. We have no obligation to edit or control User Content and/or Studio Content that is contributed to our Products. While we’re not required to do so, we may access, review, screen, and delete your User Content and/or Studio Content at any time and for any reason, including to provide and develop our Products or if we think your User Content and/or Studio Content violates these Terms, our Community Guidelines, or other policies.

 

8. EIGHT STUDIO

Eight allows its users to create, edit, publish, host, cache, store, and share audio content through its integrated web tool “Eight Studio” (“Studio”). The users can use the features of the Studio to create, develop, and produce their own content through the various tools available at the Studio (“Studio Content”). Users can use the Studio to further edit their respective Studio Content by using the features of Studio including without limitation inserting any background music which may be made available by Eight. Users may also be allowed to integrate/insert any third-party material to their Studio Content while using the Studio, provided that valid licenses and permission have been procured by the users to utilize such third-party materials. Eight shall in no manner be liable for any third-party material utilized by the users and the user shall solely be liable and responsible for any utilization of any third-party material in the Studio Content.

You hereby acknowledge and agree that the tools, features, and functions made available through the Studio are and have been used by you with your consent and at your choice, subject to these Terms, the Privacy Policy, the Community Guidelines, and any other applicable terms or policies of Eight. In addition, your usage of Studio shall be subject to the following:

(a) Any and all Studio Content developed by the users shall be consistent with these Terms including without limitation clause 7 of these Terms. The users shall ensure that the Studio’s Content

(b) the use of Studio shall not in any manner whatsoever enforce any liability on Eight. The users shall always be liable for all the Studio Content generated, developed, or created by them using the services of the Company including without limitation the Studio. You hereby indemnify and hold harmless the Company against all third-party claims (including without limitation any third-party infringement claims) that arise due to any unauthorized use of any third-party material by you for creating, editing, or developing any Studio Content.

(c) you shall procure all necessary permissions and licenses from all the contributors (including without limitation any voice-over artist, singer, poet, musician, composer, host, etc.) engaged by you for the creation/development/production of any Studio Content. Company shall in no manner whatsoever be liable to pay any remuneration, consideration, or revenue to any of the contributors engaged by you.

(d) In the event you upload or publish any Studio Content on the App/web portal, you grant the Company an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe for all the purposes as more specifically detailed in clause 7(5) of these Terms.

Further, you may download, publish, or share the content with others within the Service, via a third-party platform, or via a link. Eight maintains no responsibility in relation to such sharing of content and Eight’s enablement of such activity or the Service’s performance of actions to publicly share content at your instruction shall not be considered a violation of any of Eight’s obligations under these Terms.

 

9. EIGHT’S CONTENT/EIGHT’S ORIGINAL CONTENT

The Services and/or the App may contain content specifically provided by the Company and/or its partners, assignors, licensors, etc. and such content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Services. Subject to these Terms, the Company grants its users a worldwide, non-exclusive, non-sub-licensable, and non-transferable license only to access and view /listen to such content, solely for the purpose of personal entertainment and non-commercial use. Any use, reproduction, modification, distribution, or storage of any such content for any other purpose by You is expressly prohibited unless You obtain prior written permission/approval from the Company and/or from the copyright holder identified in such content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any content for commercial and/or non-commercial (whether or not for profit) use or in any way that violates any third-party right.

The Company’s App and/or its content may be sponsored by any third-party brands/companies and such sponsored content may use such third-party brand’s name, likeness, logos, and/or trademarks. You hereby undertake not to use and/or exploit, in any manner whatsoever, any such third-party brand’s name, likeness, logos, and/or trademarks. Further, You acknowledge that such third-party brands may impose certain terms and conditions on the Company and its users and You hereby agree to comply with and abide by all such third-party brand terms and conditions which may be available at such third-party brand’s website and/or which may be provided by the Company from time to time (however, the Company shall not be obliged to provide all such third-party brand’s terms and conditions).

In addition to the content provided by the Company, the Company, through the Apps and/or Services may also host/conduct live and/or reality contest events such as talent shows, game shows, reality shows, etc. The rules and regulations governing such content shall be updated from time to time, however, the same shall be read in consonance with these Terms. Further, the Company will own all the copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, as applicable, vesting in such contents and any use, reproduction, modification, distribution, or storage of any such content for any other purpose by You is expressly prohibited.

The content will be made available to You through different modes, at the Company’s discretion, including via audio on-demand basis for viewing at Your discretion at a time chosen by You and download for offline access by You. In the case of downloadable content, please note that: (a) the downloads are temporary in order to allow you to access/listen to the content within a specified period of time and You shall not attempt to or actually make a copy of the content in any manner or form, and (b) not all content may be available for download for offline access. Please note that the availability of the Content or some part of fs and Your ability to access, (a) is subject to the Company’s sole discretion (b) may be dependent upon your geographical location, and (c) is on the condition that not all content or Services will be available to all viewers. You agree and acknowledge that the Company may monitor or use certain technologies for monitoring of activities, as separately explained in our Privacy Policy accessible at https://www.eight.network/privacy-policy. To facilitate your listening and access, the Services may be packaged by us through different models such as (a) free of charge which may include advertisements or commercials (b) a Subscription/ pre-paid model with or without advertisements/ commercials, or (c) with a combination of the foregoing on the App. Note that some content, when accessed, will show advertisements even in the pay-per-view model.

 

10. INTELLECTUAL PROPERTY

We respect and uphold all intellectual property rights and expect you to do the same. As a condition of your access to and use of the Services and/or the App or web portal, you agree not to use the Services and/or any content on the App or web portal to infringe any intellectual property rights that do not belong to you unless you have express permission from the proprietor of such intellectual property. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights of any third party. Further, upon receipt of proper notice, we will remove any User Content available on the web portal or App that violates the Copyright Act, 1957 or equivalent law of any applicable jurisdiction (“Copyright Act”). As per the provisions of the Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, along with all the amendments made thereto and rules framed there under, we shall remove any User Content and/or Studio Content upon receiving written notification of claimed copyright infringement of the User Content and/or Studio Content on the web portal or App and for processing such claims in accordance with such law. If you discover any content on the web portal or App that you believe infringes your or any third party’s intellectual property rights including copyright, please report the same to us (“Infringement Notice”) using any of the methods outlined on our web portal or App.

If you would prefer to send us your own written notification, please make sure that you include the following information:

  • a statement that you have identified User Content and/or Studio Content on a web portal or App that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
  • a description of the copyright work(s) that you claim have been infringed;
  • a description of the content that you claim is infringing and the link to the content on the web portal or App where such content can be located;
  • your full name and telephone number, a valid email address on which you can be contacted;
  • a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • your notice should be sent to us by email at stream@eight.network. 

By submitting an Infringement Notification, you acknowledge and agree that the Company may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.

Acceptance of these Terms in no way enables or allows you to copy, or modify the web portal or the App, any part of the web portal or App, our trademarks, or any other intellectual property in any way. No term or document available on our web portal or App, including these Terms, allows you to extract the source code of the web portal or App, and you are also barred from translating the web portal or App into other languages or making derivative versions. The web portal and App itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, belong exclusively to the Company and at no time is waived through any terms, policies, or documents provided on our web portal and App. 

 

11. TRUST AND SAFETY

Eight monitors sound recordings, musical works, and recorded live audios published so we can investigate any complaints regarding violations of our Terms including without limitation our community guidelines in order to provide a safe virtual space and to combat illegal and harmful conduct and content. If we receive a complaint while you are live, we will review the recording to determine whether a violation has occurred. We will retain the recording as long as reasonably necessary to investigate the potential violation. By publishing content anywhere in our App or web portal, you acknowledge that we and our users may record your voice and other User Content, and may use the recording in any manner consistent with our Privacy Policy. We try hard to make sure the App or web portal is a safe place for all users, and we expect you to do the same. By using our Services and/or the web portal or App, you agree that you will comply with these Terms, including our community guidelines and any other policies we make available in order to maintain the safety of our users and the Services. We reserve the right to remove any content from our web portal or App for any reason or to limit its availability. We likewise reserve the right to terminate or suspend your account or limit its availability.

We outline a scenario where if you who is a paid/ premium/ subscribed user is found to be violating the community guidelines set by us, we have the right to take action, such as suspending or blocking your account, if they are found to be in breach of those guidelines.

 

12. REPORTED ACCOUNTS/ USERS

Once any user’s Account is reported to us, we shall temporarily suspend such account until the matter is assessed and resolved and the user is made to give his/her statement with respect to the same which shall be recorded for any future claims or references. A specific scale has been assigned to such reporting methods for assessing the period of suspension and the degree of seriousness required to deal with it. The following are mere examples (and the same are not exhaustive) to help the user realize the degree of action that may be taken against them in case their account is ever reported:

  1. Default Suspension

A 24-hour suspension will happen by default on all accounts that are reported. The account can be reactivated by a plain acknowledgment by the user of the claims/complaints made against their account. An acknowledgment would mean acceptance of the claim and an unequivocal statement to not perpetuate the activities that invoked such claim/complaint. Such acceptance would also attach a “Strike” to the User’s account and after one (1) to three (3) strikes received on an account, depending upon the seriousness of the matter, the account shall be permanently deleted at our sole discretion. However, if the user does not acknowledge and accept the reason for the reporting, the user will have to submit a counterclaim or a show cause notice which shall be assessed by us, and the account may then be reactivated or be given a strike with or without increased suspension at our sole discretion.

  1. Three Strike Offences

Any user found to do or propagate the following shall have their account deleted after three strikes-

  1. Streaming misleading content.
  2. False advertising or disclosing locations for fraudulent purposes.
  3. Using abusive language.
  4. Making false and/or defamatory statements about another user.
  5. Infringement of copyright.
  1. One Strike Offences:

Any user found to do or propagate the following shall have their account deleted after the first instance of such reporting, however, an option of providing a show cause shall be afforded to such user to make a case for keeping the account active.

  1. Streaming of any unwarranted sexual content.
  2. Streaming content enticing violence and repulsive content.
  3. Hate speech against any segment of the society.
  4. Targeted harassment and/or bullying of another user or any third party.
  5. Promoting content that likely can cause harm to the general public or endanger human life or health.
  6. Promoting content that promotes or depicts abuse or assault against children or women.
  7. Any content promoting terrorism, a terrorist organization, or anti-national movements implicitly or explicitly.

You hereby agree and acknowledge that the instances aforementioned are merely indicative in nature and do not form an exhaustive list of offenses for which the account may be suspended or any action would be taken by the Company against such user.

However, you shall be solely responsible for any form of interaction with another user over the web portal or App. Any discrepancy, issue, or complaint arising out of such interaction, if not of the nature as mentioned exclusively in the present Terms, shall be resolved by the User(s) themselves. We have and hold no obligation to intervene or set right such matters, however, this in no way takes away our right to resolve such matters at our discretion, without invoking any responsibility or liability. 

It’s our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights

 

13. GRIEVANCES

  1. Please submit any Content-related concerns, complaints, or grievances at stream@eight.network.
  2. The Grievance Officer is Shreya Litoria and can be contacted at greviances@eight.network. 
  3. For concerns, complaints, and/or grievances related to the web portal or App or Services, please contact us at complaints@eight.network. 
  4. You will be required to furnish relevant details pertaining to the concerns, complaints, or grievances, including your name, email ID, phone number, age, title of specific content, issue of grievance, language, time code of the content where grievance exists, screenshots (if any), user login ID and details
  5. User Content: If you have any complaints relating to any third-party User Content uploaded on the web portal or App, then please contact stream@eight.network.
  6. For any general Query or product related, tech bugs related, mail us at ask@eight.network.
  7. Your email, which must bear your digital signature or a signed written complaint, should include the following information:
    • Details of the objectionable user material or content;
    • Details of the basis of the objection;
    • What relief is being requested;
    • All other relevant information is required by the Company to assess the complaint.

 

14. RETENTION OF RECORDS

You agree that the Company shall be entitled to retain user information and user registration records, in order to comply with any obligations due under applicable law, for a period of not less than 180 days from (i) the Date of removal or disabling access to any unlawful information pursuant to the receipt of actual knowledge or on a voluntary basis or upon receipt of any grievances received by it and (ii) Additionally, in case of any cancellation of registration or withdrawal of a user.

 

15. YOU MUST NOT

  • Republish any material and/or content that is accessible on the web portal or App.
  • Sell, rent or sub-license any material and/or content from the web portal or App.
  • Reproduce, duplicate, copy, exploit, etc., in any manner whatsoever, our material from our web portal or App.
  • Make unauthorized copies of any content made available on or through the web portal or App.
  • Use any trademarks, service marks, design marks, logos, photographs, or other content belonging to the Company or obtained from the web portal or App;
  • Gain unauthorized access to the Services and/or web portal or App, to other user’s accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Services and/or web portal or App.
  • Engage in unauthorised spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information
  • Post any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
  • assist or permit any person to engage in any of the activities described above

Parts of this web portal and App offer an opportunity for Users to stream music and audio information on and in the web portal and App. The Company does not filter, edit, publish, or review such content prior to their presence on the web portal or App. Content streamed and made available does not reflect the views and opinions of the Company, its agents, and/or affiliates. The content reflects the views and opinions of the person (User) who makes available such content. To the extent permitted by applicable laws, the Company shall not be liable for the content or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or making available of and/or appearance of the content on the web portal or App. The Company reserves the right to monitor all content and to remove any content which can be considered inappropriate, offensive, or causes a breach of these Terms.

 

16. WARRANTIES AND REPRESENTATIONS

  • You are of required age and have full power and absolute authority to accept these Terms, which shall form a binding agreement between you and us. In the event you are a minor, you hereby undertake that your parent / legal guardian has read these Terms and has accepted the same on your behalf.
  • You are free from any third-party obligation to post the User Content and/or Studio Content on our web portal or App and have all necessary licenses, authorizations, consents, releases, etc. to do so;
  • You will use the Services and/or web portal or App always in compliance with these Terms and all applicable laws
  • The content does not infringe any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The User Content and/or Studio Content does not contain any material which invades the privacy of any person;
  • You hereby grant the Company a non-exclusive, irrevocable, royalty-free license to use your User Content and/or Studio Content in any and all forms, formats, or media without any formal permission and that the Company shall have a right to reproduce the same at its sole discretion. You further represent and warrant that You have all rights to grant such license to the Company without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You will provide accurate, current, and complete information about yourself and you will not provide false information about yourself (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you shall not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
  • You will abide by all copyright notices, information, and restrictions contained in or associated with the Services and/or the web portal or App.
  • You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of the Company or any of its affiliates or group companies, the web portal or App, or any of the content running or being promoted on the web portal or App.
  • You agree that the Company shall be under no liability whatsoever to you in the event of non-availability of the Services and/or web portal or App or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of the Company.
  • You agree that the content provided on the web portal or App is strictly for the users of the Services and not for public exhibition irrespective of whether the public is charged for such exhibition or not. You hereby agree to refrain from further broadcasting or making available any content provided on the web portal or the App to any other person(s), or in any manner communicate such content to the public.

 

18. ACCOUNT & PRICING

Currently, the Services are Freemium (“the App operated on Freemium Model, which offers both free and premium content and/or features”) based through the web portal and App but the Company has the right to change the features of any type of account, may withdraw or, or introduce new features, products, or types of account at any time and for any reason, and may start charging or change the prices charged for any of its Services and/or part thereof from time to time. In the event of any such change in pricing, the same shall be communicated to you and will only take effect from the start of the subsequent month or such a date that shall be notified to you either through e-mail or shall be posted in a prominent place on the web portal or App. You will have no obligation to continue using the web portal or App following any such notification, but if you do not terminate/ delete your account as per the given timeline, your continued use of your account will constitute your acceptance of such changes and shall then use the Services and/or any part thereof only upon payment of such fee/charges as may be determined by the Company at its sole discretion. You can go through the Subscription Policy by accessing this link: https://www.eight.network/subscription-policy 

 

18. TERMINATION OF ACCOUNT

If you no longer wish to use our Services and/or the web portal or App, you can delete/terminate your account at a given period of time without giving us any notice. If you breach the provision of these Terms and/or any other policies such as community guidelines or privacy policy, we may, at our option and as per the provisions of these Terms, terminate, suspend, delete, or limit access to your account or any User Content and/or Studio Content within it. If we delete your account for breach in whole or part of these Guidelines, you may not be allowed to re-register on the web portal or App. Once your account has been terminated either by you or us, any and all data residing in your account or pertaining to activity from your account will be irretrievably deleted by us, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. If your account is terminated either by you or us, you promise to not use any intellectual property, any information made available to you through the web portal or App, which belongs to the Company or any other user and in turn warrant to destroy it as per the directions of the Company. Further, upon termination of these Terms, the Company shall not be liable to refund any amounts paid by you (if any).

 

19. MODIFICATION AND TERMINATION OF SERVICES

We are improving our Services and creating new ones all the time. That means we may add or remove features, contents, or functions of our Services, and we may also suspend or stop providing our Services. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand. The Company may terminate or suspend this license and your access to our Services and/or web portal or App at any time, with or without cause or notice to you. The Company may also limit your use of specific features in our Services with or without cause or notice to you. While we’ll try to give you reasonable notice beforehand, we can’t guarantee that will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. If you violate any provision of these Terms and/or our any other policies, your authorization to access our Services and/or web portal or App terminates automatically. Regardless of who terminates these Terms, you will continue to be bound by these Terms.

 

20. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and/or its assigns, affiliates and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns (“Indemnified Personnel”) from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such Indemnified Personnel may incur as a result of or arising from (i) any of your User Content and/or Studio Content and/or any part thereof; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person’s intellectual property, privacy, publicity or other right; (iv) the violation of any applicable laws of any country wherein the web portal or App is being used by you and/or these Terms by you and/or anyone using your registered account to access and/or otherwise use the web portal and/or App (in whole or in part); or (v) your wilful misconduct or the wilful misconduct of anyone accessing the web portal or App through your registered account, in connection with your (and/or such other person’s) use of the web portal or App (in whole or in part). We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Services and/or web portal or App.

 

21. LIMITATION OF LIABILITY

Nothing in these Terms shall exclude or limit our liability for losses that may not be lawfully excluded or limited by applicable law.

Subject to the paragraph above, we shall not be liable to you for:

  • any loss of profit (whether incurred directly or indirectly); 
  • any loss of goodwill;
  • any loss of opportunity;
  • any loss of data suffered by you; or
  • any indirect or consequential losses that may be incurred by you. 
  • your inability to access or use the web portal or App or any part or parts thereof, or to access any content;
  • any changes that the Company may make to the web portal or App or any part thereof, or any temporary or permanent suspension or cessation of access to the web portal or App or any content in or from any or all territories;
  • any action taken against you by third-party rights-holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the web portal or App, or any action taken as part of an investigation by the Company or any relevant law enforcement authority regarding your use of the web portal or App;
  • any errors or omissions in the web portal or App’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;
  • any misconduct by other Users or third parties using the web portal or App, especially in breach of the agreement;
  • any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach.
  • Any other loss will be limited to (i)the amount paid by you to the Company within the last one year OR (ii) in the event no amounts have been paid by You to the Company, then in such case INR. 2,000/- (Indian National Rupees Five Thousand only).

Further, we shall not be liable for any loss or damage which may be incurred by you as a result of:

  • Any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
  • Any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the services (or any features within the Services);
  • your failure to provide us with accurate account information; or
  • your failure to keep your password or account details secure and confidential.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conduct or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, You agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual You come into contact with through the Services, particularly if You decide to meet such individuals in person.

Please note that we only provide our web portal and App for domestic and private use. You agree not to use our web portal or App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity. Further, in no event does the Company assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against the Company with respect to such User Content.

 

22. INJUNCTIVE RELIEF

Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any the Company’s content, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such content, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of the Services and/or web portal or App.

 

23. THIRD-PARTY CONTENT

For any third-party content (“Third Party Content”), the Company’s role is limited to providing a communication platform along with hosting services to third parties, to enable the transmission of the Third Party Content directly from third parties to You. It is further provided that Third-Party Content may include content which are in the public domain and free to use by third parties and/or the Company without any express license. The Third Party Content on the web portal or App is directly uploaded onto the web portal or App by third parties who avail of our hosting services, without any intervention from us in the uploading/transmission process. You hereby acknowledge that the Company’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Third Party Content. Being an intermediary, the Company has no responsibility and/or liability in respect of any Third Party Content on the web portal or App, including for intellectual property rights infringement, defamation, obscenity, or any other violation under applicable law.

 

24. ADVERTISEMENTS, THIRD-PARTY LINKS AND SERVICES

Some of the Services are supported by advertising revenue and may display advertisements, promotions, and links to third-party websites. You hereby agree that the Company may place such advertising and promotions on the App or on, about, or in conjunction with any content on the App, including without limitation, User Content and/or Studio Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to You. Our Services and/or the web portal or App may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any third-party sites, information, materials, products or services. If you access any third-party website, service, or content from our web portal or App, you do so at your own risk and you agree that we will have no liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or access to any third-party website, service or content.

 

25. ASSIGNMENT TO THIRD PARTIES

The Company may assign its rights and (where permissible by law) its obligations under these Terms, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of the Company. You may not assign these Terms or the rights and duties hereunder, in whole or in part, to any third party without our prior written consent.

 

26. DISCLAIMERS

OUR SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS TRANSMITS OR EXHIBITS USING OUR SERVICES AND/OR WEB PORTAL OR APP. YOU AGREE AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN OR OTHERWISE UNSUITED TO YOUR PURPOSE. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT WE ARE PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. THE COMPANY, AND ITS TEAM, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

27. MATURITY RATINGS AND CONTENT DISCLAIMERS

You hereby acknowledge that the content made available on the App (including User Content and/or Studio Content) and/or any parts thereof may be a work inspired by, based on real-life experiences and research. Such contents are meant solely for the purpose of knowledge sharing and entertainment, and no part or whole of contents is intended to trigger, disgrace, defame, offend, malign, or hurt the sentiments of any person (living or dead), gender, organization, religion, ethnic group, caste, community, class of persons, institution, profession or beliefs in any manner, whatsoever. Further, no identification of any real-life persons, events, organizations, or locations is intended and any such identification in any contents shall purely be coincidental. The contents available and/or parts thereof may contain foul, abusive and/or profane language to effectively communicate the theme and/or suit the context of the content(s), and accordingly, listener discretion is advised to You. Each content will indicate a maturity/age rating and You agree to adhere to the same and your non-adherence to the same shall in no manner make the Company liable.

With regards to any User Content and/or Studio Content, the Company shall provide all its users a tool to rate their respective User Contents and/or Studio Content as per the following maturity/age ratings. You shall at your own accord rate the User Contents and/or Studio Content as provided in the tool (and as provided below for reference). The Company shall in no manner whatsoever be liable for any claims arising due to wrong/inappropriate maturity/age ratings provided by You for any User Content and You shall indemnify, keep indemnified, and hold harmless the Company against any and all claims, losses and/or damages arising on account of such wrong/inappropriate maturity/age ratings.

The company shall only be responsible for rating its own Content and the users / You shall be liable and responsible for any and all User Content and/or Studio Content. Broadly, every content provided on the App shall be classified as follows.

Maturity/Age Rating

Type of Content

U

Content that is available for users of all age groups.

U/A 7+

Content is available for users of age of 7 years and above, however, users below the age of 7 years can access and listen to such content with parental guidance.

U/A 13+

Content is available for users of the age of 13 years and above, however, users below the age of 13 years can access and listen to such content with parental guidance.

U/A 16+

Content is available for users of the age of 16 years and above, however, users below the age of 16 years can access and listen to such content with parental guidance.

A

Content is available only for users above the age of 18 years. These contents will contain explicit/abusive language, contents, etc. and thus access shall be restricted.

 

28. SEVERABILITY

Should one or more provisions of these Terms be found to be unlawful, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Terms shall continue in force save that such provision shall be deemed to be deleted. This means that such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.

 

29. NO WAIVER

No waiver of any provision of these Terms and/or any part thereof will be deemed a further or continuing waiver of such term or any other term, and Eight failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

 

30. RELATIONSHIP BETWEEN PARTIES

You hereby agree and acknowledge that these Terms in no way, either implicitly or explicitly, create any joint venture, partnership, employment, agency relationship, or any other commercial-business relationship of any manner whatsoever between you and the Company.

 

31. ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and the Company, these Terms constitute all the terms and conditions agreed upon between you and the Company and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing access of the Service are incorporated herein by reference, including the following terms and conditions: the EIGHT’s Terms and Conditions; EIGHT’s Subscription Policy; the EIGHT’s Community Guidelines; and the EIGHT’s Privacy Policy. By agreeing to any of the Policies, you will be agreeing to all the Policies on the Web Portal or the App.

 

32. THIRD-PARTY RIGHTS

These present Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment clause above.

 

33.CONSENT OF COMMUNICATION

Your usage of our web portal and App and all services therewith implies an unequivocal consent of receiving notifications and updates from us, with or without prompts from your end, via. emails, push notifications, and text messages. Your usage of our services is made possible through user identification methods that require you to share your contact number and E-mail ID for authentication. In doing so, you also agree and consent to us using your information to send you updates and information that may be promotional in nature. You may discontinue receiving such text and/or emails through the ‘unsubscribing’ option provided on our web portal or App. However, we strongly recommend that you continue to receive information from our end to stay updated with respect to our Services’ latest features and policies. The frequency of such updates and notifications would vary with regard to our web portal and App’s features and development.

Standard text message and data rates may apply on the receipt of our notifications, including roaming charges (if any). With respect to any charges levied of the nature discussed before, you must contact your mobile connection provider for the details and charges. No liability of such charges shall fall upon us.

 

34. FEEDBACKS

We always love to hear from our Users, but you are not required to provide us with feedback. If you do provide feedback or suggestions to us, we may use your feedback and suggestions without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or other items that we develop based on your feedback or suggestions.

 

35. TECHNICAL FAILURES

It is possible that You may face disruptions, including, but not limited to errors, disconnections, or interferences in communication in the internet services, software, or hardware that You have used to avail of our App and/or Services. The Company is not responsible for such factors in the disruption or interruption in the Services and You take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of Services for any such reasons.

 

36. GOVERNING LAW AND DISPUTE RESOLUTION

ARBITRATION

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, the following mandatory arbitration provisions apply to you:

Dispute resolution and arbitration

Parties agree that any dispute, claim, or controversy between the Parties arising in connection with or relating in any way to these Agreements or to your relationship with the Company as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

Exceptions

Notwithstanding clause above of Dispute Resolution and Arbitration, Parties agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court ,(2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

Arbitration Rules

Either you or we may start arbitration proceedings. Any arbitration between the Parties will be finally settled under the Rules of Arbitration of the Indian Court of Arbitration (“ICA”) in accordance with the jurisdiction falling in Bangalore, Karnataka then in force by one or more arbitrators appointed in accordance with the ICA Rules, as modified by these Agreements, and will be administered by the Indian Court of Arbitration.

Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of India or any other jurisdiction, the law to be applied in any arbitration shall be the law of India, without regard to choice or conflicts of law principles.

Time for filing

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Indian Post (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). The Company’s address for Notice is: L-148, 5th Main Road, Sector 6, HSR Layout, Bengaluru, Bengaluru Urban, Karnataka, 560102. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, the Company shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by the Company in settlement of the dispute prior to the arbitrator’s award, or (3) Rs. 15,000/-, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor the Company shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

Modifications

In the event that the Company makes any future change to this arbitration provision (other than a change to the Company’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to the Company’s address for Notice or via electronic communication on stream@eight.network and greviances@eight.network, in which case your account with the Company shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

 

37. CHANGES

We may make changes to these Terms (including any additional Company’s terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Company’s terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your access to the Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue accessing the Services under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.