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SHURU User Terms and Conditions

(Last updated on 6th October 2021)

YOUR ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS AND CONDITIONS (“TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“END-USER, YOUR OR YOU”) AND THE COMPANY. THE TERMS GOVERN YOUR USE OF THE SHURU PLATFORM. THIS DOCUMENT IS AN ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

“COMPANY, US, OUR OR WE” AS USED HEREIN MEANS CLOSE APP PRIVATE LTD., HAVING ITS REGISTERED OFFICE AT “H. No 429A/12, Street No 12, Near Geeta Bhawan, Krishna Colony, Gurgaon”

“SHURU PLATFORM” MEANS AND REFERS TO THE COMPANY'S PROPRIETARY LOCATION-BASED SOCIAL ENTERTAINMENT AND DISCUSSION PLATFORM (APPLICATION/ SITE/FEATURE OR AS MADE AVAILABLE IN ANY OTHER FORMAT) CALLED ‘SHURU', WHICH ENABLES END-USERS TO EXPLORE, DISCOVER, LISTEN, UPLOAD, AND SHARE AUDIOS AND OTHER CONTENT INCLUDING USER-GENERATED CONTENT COVERING INTERESTING STORIES, SELF MADE VIDEOS, EVENTS, TALENT CONTESTS, GAMES, ETC.

GIVEN THAT THE SHURU PLATFORM IS A LOCATION-BASED SOCIAL ENTERTAINMENT AND DISCUSSION PLATFORM, ANY INFORMATION, MATERIALS, AND CONTENT CONTRIBUTED TO THE SHURU PLATFORM IS FOR PUBLIC CONSUMPTION (EXCEPT FOR PRIVATE CHAT MESSAGES) AND DEEMED NON-CONFIDENTIAL. WE ENCOURAGE YOU TO EXERCISE CAUTION AND NOT SHARE AND/OR CONTRIBUTE SUCH INFORMATION, CONTENT, AND MATERIALS THAT ARE PRIVATE AND/OR CONFIDENTIAL IN NATURE.

THE SHURU PLATFORM MAY EITHER BE (I) PRE-LOADED WITHIN YOUR MOBILE, TABLET, WEARABLE, AND/OR ANY OTHER SMART DEVICE USED (“DEVICE”); (II) INTEGRATED WITH AN APPLICATION OR WIDGET ON YOUR DEVICE; (III) DOWNLOADED AND INSTALLED BY YOU FROM A THIRD-PARTY APPLICATION STORE; (IV) VIEWED ON THE WEBSITE.

PLEASE CAREFULLY READ THESE TERMS BEFORE DOWNLOADING, SUBSCRIBING TO, ACCESSING, OR USING THE SHURU PLATFORM.

GENERAL

By installing, subscribing to, accessing, or using the SHURU Platform, You agree to these Terms. If You do not agree to these Terms, you may please uninstall the SHURU Platform.

You will have to comply with any software, Device licenses, and/or terms of use for the use of the third-party application store/platform from which You downloaded the SHURU Platform or the application/ Device in which SHURU Platform is bundled/pre-loaded, as applicable.

These Terms incorporate by reference SHURU Privacy Policy (“Privacy Policy”) as set out at "H. No 429A/12, Street No 12, Near Geeta bhawan, Krishna Colony, Gurgaon". By using the SHURU Platform, you agree to be bound by the Privacy Policy.

These Terms incorporate by reference SHURU Content Guidelines (“Content Guidelines”) as set out by the company. By using the SHURU Platform, You agree to be bound by the Content Guidelines.

You affirm that You are 16 years of age or above, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The SHURU Platform is not intended for people under 16. If You are under 16 years of age, then please do not use the SHURU Platform.

You may use the SHURU Platform and the Content only in India, where we offer Our service. We make no representation that Content and/or Materials on the SHURU Platform are appropriate or available for use in locations outside India or that the SHURU Platform complies with any country's privacy laws. Accessing the SHURU Platform or Materials from territories where the Content is deemed illegal, is prohibited. If You access the SHURU Platform, You do so on Your own initiative and are responsible for compliance with local laws.

These Terms apply to all users of the SHURU Platform, including users who view and access the Content and also users who are contributors of the Materials. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features, and other materials You may view on, access through the SHURU Platform. This includes message boards, chat, and other original content. “Materials” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features, and other materials and content that You may contribute in any manner to the SHURU Platform. This includes Your contributions to the message boards and chat.

ACKNOWLEDGEMENTS

You agree and acknowledge that:

The SHURU Platform includes third-party Content, advertising information, or promotional material (collectively “Third Party Content”) and it is hereby clarified that Company is not responsible or liable for any Third Party Content, the intellectual property, and other proprietary rights in the Third Party Content. The company is not responsible for the accuracy of any Content which may be accessed by You or the Materials. Your use of the SHURU Platform, the Ad-Content, Materials, and the Content, including Your election to view, contribute, interact with or action upon the same is at Your sole risk and discretion.

You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications/ phone numbers where the Company redirects You; or (ii) Your participation in promotions or interaction with Third-Party Content of any advertisers, content providers, e-commerce partners, reward partners or payment facilitators even if you elect to engage with any such content such as games, promotions, advertisement, product purchase on the SHURU Platform. We assume no liability for the same and Your correspondence or business dealings with, or participation in promotions/content of advertisers, content providers, e-commerce partners, reward partners or payment facilitators found on SHURU Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such third party. We urge You to refer and review the terms of use, warranties and license agreements of such third-party promotions, content partners, streaming partners, e-commerce partners, sponsors, advertisers, websites, applications, and other landing pages that You interact with.

You are responsible for providing, at Your own expense, all equipment, and resources necessary to use the SHURU Platform and services, including a computer, software, modem, and internet access (including payment of all fees associated with such access). Mobile internet transmissions are never completely private or secure and the transmission of Content, Materials and Your use of the SHURU Platform may be affected, interrupted, or disrupted for reasons beyond Company's reasonable control. Any message or information You send using the SHURU Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

REGISTRATION DATA AND PRIVACY

In order to access certain services or features on the SHURU Platform, You are required to use an account and password. You will not use another user's account without permission. You may obtain an account and password, only by completing Our online registration form. The online registration form requests certain information and data (including without limitation phone number, name, age, gender, location, etc.) ("Registration Data"). You are required to maintain and update Your Registration Data. By registering, You agree that all information provided in the Registration Data is true and accurate and that You will maintain and update this information as and when required, keeping it current, complete, and accurate. In the event wherein the information disclosed by You is identified as inaccurate/false, We have all the rights to delete Your account and block all activities carried on the SHURU Platform.

Users may voluntarily verify their accounts at the time of registration and re-logging-in to their accounts using an active Indian phone number. To clarify you can opt to verify your account using an active Indian phone number, at any time by logging out and re-logging-in to your account.

Further, We do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the SHURU Platform. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password, if any, secure. You must notify Company immediately of any breach of security or unauthorized use of Your account. You may not use Your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the SHURU Platform may be available to You or other authorized users of the SHURU Platform. You shall not interfere with anyone else's use and enjoyment of the SHURU Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.

Some of the Registration Data may be considered personal information under data privacy laws applicable in relevant jurisdictions. Further, for the SHURU Platform to provide optimum end-user experience, We may also collect and/or obtain certain other end-user information (including without limitation phone Device-related information, IP address, location data, etc.). You consent to such end-user information and the Registration Data being collected, used, and processed in accordance with the provisions of the Privacy Policy. By providing the Registration Data You also consent and agree to the Company's use of the Registration Data to contact You (including via calls, SMS, e-mail, Whatsapp, Telegram, or other such means of communications) for improving Our services and for supporting users to improve and maximize their experience of the SHURU Platform including in relation to the contributions and provision of Materials for the SHURU Platform. The Privacy Policy explains how We collect, use and share Your data when You use the SHURU Platform. SHURU Platform provides You the ability to disable certain features or opt-out of targeted advertising. To change these settings, please visit the settings page of Your Device as stated above.

If You are participating in any gaming, talent hunt, or other contests on the SHURU Platform, Your participation will be subject to the contest-specific terms as we will notify You about from time to time. We may ask you to provide additional data and information for the purposes of communicating regarding the contests and disbursing rewards (including without limit postal address, PAN, and bank account details for disbursing rewards) and may also share the same with Our rewards/logistics partners limited to the specific purpose

To the extent You are permitted to use the SHURU Platform to publish/ market/sell any of Your or third-party products, We reserve the right to take down or remove any Content or Materials at Our discretion without any liability whatsoever and You are solely responsible for ensuring that the product meets SHURU guidelines.

LICENSE AND CONTENT RESTRICTIONS

  1. LICENSE RESTRICTIONS

    Except as expressly set out in these Terms, You agree:

    not to copy the SHURU Platform (including its specific design, user interface) except where such copying is incidental to normal use of SHURU Platform, or where it is necessary for the purpose of back-up or operational security;

    not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the SHURU Platform;

    not to make alterations to, or modifications of, the whole or any part of SHURU Platform, or permit the SHURU Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;

    not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the SHURU Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of SHURU Platform with another software program, and provided that the information obtained by You during such activities:

    is used only for the purpose of achieving inter-operability of SHURU Platform with another software program;

    is not disclosed or communicated without Our prior written consent to any third party;

    is not used to create any software that is substantially similar to the SHURU Platform.

    not to provide or otherwise make available the SHURU Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us;

    to comply with all technology control or export laws and regulations that apply to the technologies used or supported by SHURU Platform in Your use of the SHURU Platform.

    to not use the SHURU Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into SHURU Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of SHURU Platform;

    to not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of SHURU Platform or any service associated (to the extent that such use is not licensed by these Terms);

    not use the SHURU Platform in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and

    not collect or harvest any information or data obtained from any SHURU Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the SHURU Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
  2. CONTENT USE RESTRICTIONS

    The Content is provided to You ‘AS IS'. All rights not expressly conferred by Us to You hereunder are specifically reserved solely to Us, our content partners, and third-party providers of the Third-Party Content. You may access Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You may not use Content in an obscene, pornographic, defamatory, disparaging, infringing, or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;

    Unless expressly permitted pursuant to SHURU Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising, or merchandising purpose;

    share, redistribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale, or use the Content and/or Ad-Content displayed on SHURU Platform (unless You are specifically permitted to share or copy by way of a ‘Share' or ‘Copy' button); and/or

    re-order, re-purpose, modify, edit, obscure, or truncate in any way the Content, Ad-Content, or SHURU Platform.

    You understand that when using the SHURU Platform, You will be exposed to Content from a variety of sources and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Company with respect thereto.

YOUR MATERIALS, CONDUCT AND RESPONSIBILITY

You shall be solely responsible for Your Materials and the consequences of submitting and publishing Your Materials on the SHURU Platform. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Materials that You submit; and You license to Company all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Content for publication on the SHURU Platform pursuant to these Terms. You may remove Your Materials from the SHURU Platform at any time. You must remove Your Materials if You no longer have the rights required by these Terms

If you are uploading and providing Your Materials, which may be considered as advertised, marketed, sponsored, paid promotions, etc., You are required to clearly indicate such Materials appropriately and include appropriate disclaimers and disclosures as required under applicable laws (including Infotech Laws), relevant industry body guidelines, and any other guidelines applicable to the sponsoring brands, products, and services You are promoting, advertising or marketing.

By posting information on the SHURU Platform or otherwise using any communications service, comments board, or other interactive services that may be available to You on or through the SHURU Platform, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any Materials that breach the Content Guidelines including without limit:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another user's privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company's content guidelines, rules or policies;

harms minor in any way or is grossly harmful, blasphemous; hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling;

victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis

belongs to another person and to which the user does not have any right to and/or infringes on any right of publicity, moral right, or other proprietary rights of any party;

constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

impersonates any person or entity, including any of Our employees or representatives or deceives or misleads the addressee about the origin of such Content and/or messages or communicates any information which is grossly offensive or menacing in nature;

threatens the unity, integrity, defense, security, or sovereignty of any nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

You acknowledge that We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the SHURU Platform. We have no obligation to pre-screen, monitor, or edit the Content posted by users of communications services, comments boards, or other interactive services that may be available on or through the SHURU Platform. However, we may elect to pre-screen, monitor, or edit any Content to the extent required to be in compliance with applicable laws and Company's policies and guidelines. Additionally, We and Our agents have the right at Our sole discretion to remove any Materials that, in Our judgment, do not comply with these Terms and any other rules of user conduct for Our SHURU Platform, or are otherwise harmful, objectionable, or inaccurate. You agree that We are not responsible for any failure or delay in removing such Materials. You hereby consent to any such removal deemed appropriate by Us, and, You waive any claim against Us arising out of such removal of Materials and agree to indemnify and hold Us harmless from any and all claims asserted based upon such removal. See "Unauthorised Use of Materials/Content" below for a description of the procedures to be followed in the event that any party believes that Materials posted on the SHURU Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary rights of any party.

If Company reasonably believes that any Material is in breach of these Terms, applicable laws, or any legal or contractual obligations of Company, or may cause harm to Company, its users, or third parties, it may remove or take down that Materials at its discretion, without any liability whatsoever.

You agree that We may, at any time and at Our sole discretion, terminate Your membership, account, or other affiliation with Our SHURU Platform without prior serving any notice to You for violating any of the above Terms and associated provisions. Upon such termination, You agree that We may remove any and all Material or Content that You may have posted to Our SHURU Platform. In addition, You acknowledge that We do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.

You agree that We may, at any time and at Our sole discretion, terminate Your membership, account, or other affiliation with Our SHURU Platform without prior serving any notice to You for violating any of the above Terms and associated provisions. Upon such termination, You agree that We may remove any and all Material or Content that You may have posted to Our SHURU Platform. In addition, You acknowledge that We do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.

For clarity, You retain all of Your ownership rights in Your Content. However, by submitting Content to Company, You hereby grant Company a worldwide, non-exclusive, royalty-free, commercial use, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, re-brand, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the SHURU Platform, Company's (and its successors' and Affiliates') and/or its third-party partner's and/or collaborator's business including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels including without limitation on Company's owned and/or operated content platforms, sites, and/or applications (collectively "Company Properties"). You also hereby grant each user of the Company Properties a non-exclusive license to access Your Content through the Company Properties, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Company Properties and under these Terms.

You will need to determine if you are a publisher of news and current affairs content (as defined under the (Indian) Information Technology Act, 2000 and its rules and regulations thereunder including read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.("Infotech Laws")), and if applicable, You should take note of the following information statement in compliance with the Infotech Laws:


Please note that according to the Infotech Laws, if you are a Publisher of News and Current Affairs Content, then in addition to the common terms of service for all users, you are required to furnish the details of user accounts on the services of intermediaries to the relevant ministry prescribed under Rule 18.

Subject to applicable laws including as per the Infotech Laws, at Our sole discretion, We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as "spam", other types of electronic communications that We deem inconsistent with Our business purposes, and/or content that is breaching our Content Guidelines and these Terms. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited content/ communications between parties. Regardless, You agree that We are not responsible for any legitimate Content, Materials, and communication that is blocked, or for any unsolicited Content, Materials, and communication that is not blocked. The company will not be responsible for any information shared between the users. The company will retain Your Materials, information, and communications (including Your Registration Data, information collected pursuant to Your use of the SHURU Platform, photos, videos, and files) for internal quality monitoring purposes, content moderation and takedown, or otherwise as required under applicable laws including the Infotech Laws.

PARTNER PLATFORMS

You hereby authorize and grant to Company all worldwide rights necessary to use, reproduce, distribute, prepare derivative works of, display, modify (without changing the integrity of the Content), re-brand, publish, adapt, make available online or electronically transmit, and perform the Content on other partner platforms of Company. For clarity, such partner platforms may include third party owned platforms with whom the Company may contractually secure the rights of the users hereunder and once the Content is transmitted to, shared with, provided to, and given to any such third party, the Content shall be governed with the terms of use and privacy policy of such third party.

Company reserves the right to allow the usage, publication, and distribution of Your Content on other partner platforms subject to the Content meeting the content guidelines and/ or technical specifications of such other partner platforms.

UNAUTHORIZED USE OF MATERIALS/CONTENT

We view the removal or "take down" of Content from the SHURU Platform as a significant step. Consequently, if You believe Your copyright has been infringed by a posting on the SHURU Platform, We ask that You send us a written notification in the manner provided below. To be effective and to support immediate removal of the allegedly infringing Material or Content, Your notification to us needs to include the following:

Detailed identification of Your copyrighted or otherwise protected work that You believe has been infringed.

Identification of the specific Content or Material on the SHURU Platform that You claim is infringing Your copyrighted or otherwise protected work identified in item above.

Your contact information (email address preferred).

Contact information for the owner/administrator of the allegedly infringing webpage or other Content (email address preferred).

You must also include the following statements in Your written notification:

“I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.



I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”



You must then sign Your written notification.

Finally, send the completed written notification to info@shuru.co.in

TRADEMARKS AND COPYRIGHTS

Company, the Company logo and other Company trademarks, service marks, graphics, and logos used in connection with the SHURU Platform are trademarks or registered trademarks of Company and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the SHURU Platform and/or to the extent stipulated herein, the Content is the copyright of Company and/or its licensors and Content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.

LIMITED WARRANTY AND DISCLAIMER

Any implied warranties including those prescribed by statute are expressly disclaimed.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SHURU PLATFORM IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. COMPANY, COMPANY'S LICENSORS, AND DEVICE PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY, COMPANY'S LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SHURU PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE SHURU PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SHURU PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE SHURU PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY COMPANY, ITS AFFILIATES COMPANY'S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SHURU IS AN INTERMEDIARY PLATFORM IN ACCORDANCE WITH THE INFOTECH LAWS. WE ALLOW USERS TO ACESS AND USE CONTENT AND CONTRIBUTE MATERIALS, WHILE EXERCISING DILIGENCE TO THE EXTENT REUQIRED UNDER THE APPLICABLE INFOTECH LAWS. WE DO NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ACTIONS, OUTCOME, INFORMATION IN CONNECTION WITH THIS SHURU PLATFORM OR THE CONTENT OR MATERIALS, NOR DO WE WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF ANYTHING SAID, DISPLAYED, PROMOTED OR PROVIDED FOR IN THIS SHURU PLATFORM, AS IT IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES. THE USER IS RESPONSIBLE FOR HIS/ HER OWN DECISIONS AND ACTIONS UNDERTAKEN INCLUDING WHILE PROVIDING ANY MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY, ITS AFFILIATES AND/OR LICENSORS BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SHURU PLATFORM, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S, ITS AFFILIATES' AND/OR ITS LICENSORS' LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT EQUIVALENT TO FIVE HUNDRED UNITED STATES DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Nothing in these Terms shall limit or exclude Our liability for:

death or personal injury resulting from Our gross negligence;

fraud or fraudulent misrepresentation; and

any other liability that cannot be excluded or limited by applicable laws.

TERMINATION

These Terms will terminate automatically if You fail to or Company suspects that You have failed to comply with its terms and conditions. In such event, Your SHURU Platform may be disabled and You must cease using the SHURU Platform, the Content and other Materials comprising the SHURU Platform. Company reserves the right, without liability, to change, suspend, remove, disable or terminate access to the SHURU Platform, Content and other Materials comprising the SHURU Platform or certain areas or features of the SHURU Platform, at any time for any reason (including without limitation to protect Our interests, on account of investigation for a suspected violation of these Terms or as a result of Us finding that a violation of these Terms has occurred), with or without notice. Company further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the SHURU Platform, the Content and Materials comprising the SHURU platform and/or its features, or any part thereof, without prior notice provided however that Company will comply with all applicable privacy laws in implementing such changes.

INDEMNITY

You hereby agree to defend, indemnify and hold harmless Company, its Affiliates, licensors, third party partners, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the SHURU Platform, Content and any Materials comprising the SHURU Platform; (ii) Your Materials contributed to the SHURU Platform (iii) Your violation of any term of these Terms; (iv) Your violation of any terms and conditions, policies etc. accepted by You; and (v) Your violation of any third party rights.

This defense and indemnification obligation will survive these Terms and Your use of the SHURU Platform.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control, including pandemics, epidemics, war, strikes, industrial action, lock outs, government lockdowns/ shutdowns, accidents, fire, blockade, terrorism or threat of terrorism, natural catastrophes, failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; (b) We will use Our reasonable endeavors to find a solution by which Our obligations under these Terms may be performed despite the Event Outside Our Control.

OTHER IMPORTANT TERMS

MISCELLANEOUS: These Terms and the Privacy Policy represent the complete agreement concerning this license between the parties and supersede all prior agreements and representations between them. Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms provided that in case of any material changes which impacts the rights and obligations of the End User, Company shall attempt to notify the End User of such material changes and shall post the updated material terms on this page. In addition, when using particular features, services or Materials on the SHURU Platform, You shall also be subject to any posted rules applicable to such features, services or Materials that may contain terms and conditions in addition to those in these Terms. All such additional guidelines or rules are hereby incorporated by reference into these Terms. The date these Terms was last revised is identified at the top of the page. Subject to requirements of express consent under any applicable data privacy laws which We comply with, Your continued use of the SHURU Platform after We make changes is deemed to be acceptance of those changes, so please check the applicable Terms and/or policy(ies) periodically for updates. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms shall not be affected. You may not assign Your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign Our rights and obligations under these Terms of Use to any party whatsoever without any permission from You.

GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, these Terms, its subject matter and its formation, are governed by Indian law. You and We both agree that the competent courts of India will have non-exclusive jurisdiction.

CONTACT INFORMATION AND COMMUNICATION UNDER INFOTECH LAWS

Customer Support: Any enquiries You may have about Our service and features or if You need assistance with the SHURU Platform, You may write to us at info@shuru.co.in

Data Privacy: To ask questions on data privacy, exercise applicable data subject rights (to the extent you may enjoy any data subject rights as per privacy laws applicable to you) and our privacy practices, please e-mail us at info@shuru.co.in

Reporting Objectionable Content to Grievance Officer: If you see something objectionable, offensive, or adversely affects you or your community, you can report it to our Grievance Officer at info@shuru.co.in with the relevant details of your complaint/ concern. Please keep in mind that mere reporting to the Company doesn't guarantee that certain content will be removed from the SHURU Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.

Physical contact address to receive communications under the Infotech Laws: Close App Private Limited., with its registered office at "H. No 429A/12, Street No 12, Near Geeta bhawan, Krishna Colony, Gurgaon"

Contact details for communications and compliance pursuant to the Infotech Laws

Chief Compliance Officer: for ensuring compliance with Infotech Laws Email: info@shuru.co.in

Nodal Contact Officer: for 24x7 coordination with law enforcement agencies and officers to ensure compliance to their orders or requisitions made in accordance with applicable law: info@shuru.co.in

Government communications and court orders: Pursuant to the Infotech Laws, orders by a court of competent jurisdiction or appropriate Government or its agency for takedown or any other purposes should be addressed for compliance to the Nodal Contact Officer with a copy to the Grievance Officer (contact details above) and Chief Compliance Officer.

SHURU PLATFORM CONTENT POLICY

We are committed to maintaining a safe online environment for all our users, while preserving our goodwill and reputation. Sound dialogue with our users is a mark of trust and corporate responsibility. We recognize how important it is for the Shuru Platform to be a place where people feel empowered to communicate, and we take our role very seriously in keeping the Shuru platform free of abuse and objectionable content. As such, the Company acknowledges the need for comprehensive Content Policy.

“Company, Us, Our or We” as used herein means Close App Private Limited

“Shuru Platform” as used herein means and refers to Company's proprietary location based social entertainment discussion platform (application/ site/feature or as made available in any other format) called ‘Shuru', which enables end-users to explore, discover, watch, upload and share audios and other content including user generated content covering interesting stories, self made videos, news, events, etc. the platform also enables company's partners to display advertisements, promotional offers and is a distribution platform for content creators.

Company takes any Content Policy violations very seriously and all users must comply with the terms that he/ she agrees to such as Terms and Conditions and Content Policy. In the event of any non-compliance, Company has the right to, without prejudice to its other rights and remedies under law, take the following steps including: warn the user, take down any such content, suspend/ terminate the account of such user(s) (from our Shuru Platform as relevant).

The consequences for violating our Content Policy may vary depending on the severity of the violation and the person's history on the Shuru Platform. We may also involve law enforcement agencies if we believe there is a genuine risk of harm or a direct threat to public safety.

Our Content Policy is a guide for what is and isn't permitted on Shuru Platform. We ask all our users to abide by this policy. We urge you to please be sure that you have the right to post the content on Shuru Platform and respect other people's copyrights, trademarks, and other legal rights. You will be responsible for obtaining all necessary licenses and permissions for any proprietary materials that you elect to post/publish on the Shuru Platform; please ensure that you do so.

  1. RESTRICTED/ PROHIBITED CONTENT

    Categories of content that are not permitted on Shuru Platform are as follows, (this is not an exhaustive list and user's must exercise their reasonable and sound judgment in all cases):

    Violent, graphic and obscene content

    Company does not permit any violent, criminal, dangerous and obscene content directed towards any individual, gender or community at large. This includes without limitation:

    Content that features prolonged name calling or malicious insults

    Content uploaded with the intent to shame, deceive or insult anyone

    Content that may pose an imminent risk of physical injury to oneself or other humans or animals

    Pranks that lead victims to fear imminent serious physical danger, or that create serious emotional distress

    Showing viewers how to perform activities meant to kill or harm humans or animals

    Content that depicts abuse of or giving instructions on how to create drugs such as cocaine or opioids

    Promoting or glorifying violence against humans (including minors), animals or violent tragedies, such as mob-lynching

    Showing viewers how to steal money or tangible goods

    Demonstrating how to use computers or information technology with the intent to steal credentials, compromise personal data or cause serious harm to others

    Content promoting/ produced by violent criminal or terrorist organizations

    Footage, audio, or imagery involving road accidents, natural disasters, war aftermath, terrorist attack aftermath, street fights, physical attacks, sexual assaults, immolation, torture, corpses, protests or riots, robberies, medical procedures, or other such scenarios with the intent to shock or disgust viewers

    Content where there is infliction of unnecessary suffering or harm deliberately causing an animal distress.

    Content where animals are encouraged or coerced to fight by humans

    Content depicting nudity, sex, contraceptives, paedophilia, obscene/ vulgar language or clothing

    Content that harms minor in anyway or is grossly harmful or blasphemous;

    Content which is overtly political/ religious

    Illegal activities like hacking / anti-national activities etc.

    Regulated Goods

    Refrain from posting content related to:

    Promoting or selling alcohol, tobacco, currency, organs, endangered species or parts of endangered species, pharmaceuticals without a prescription, sex or escort services, unlicensed medical services, human smuggling, historical artifacts.

    Promoting or selling firearms, ammunitions, explosives, magazines etc.

    Promoting any illegal activities, gambling, vices and/or goods.

    Spam, Fraud and Deception

    Company does not permit to post content which may:

    Deceive/ mislead/ manipulate its viewers

    Incentivize spam

    Feature scams: offering cash gifts, make quick money schemes

    Intended to look like someone else/ some other channel is posting the content or otherwise impersonating any person or entity

    Spreading of misinformation through fake/ hoax news.

    Hate Speech, Bullying and Harassment:

    Content that disparages or is otherwise hateful, or racially, ethnically objectionable or dehumanizes a private or group of individuals on the basis of religion, race, national origin and sexual orientation.

    Content containing statements that degrades a private or group of individuals by using targeted curse/slur words or sexualised terms

    Mocking people based on their occupation and/or social economic condition.

    Usage of racial slurs,

    Comparing people with animals or any serious disease, etc.

    Praise, celebration and mocking of private individuals' death.

    Negative physical description of private individual.

    Describing body parts in an explicit, obscene or otherwise hurtful manner.

    Privacy Violation:

    Content that contains/shares personal or private data of any individual such as phone numbers, personal IDs, images of money transactions which includes bank account numbers, digital money transfer numbers of a private individual, etc.
  2. REPORTING TO THE GRIEVANCE OFFICER

    If you see something objectionable, offensive, or adversely affects you or your community, you can report it to us at info@shuru.co.in with the relevant details of your complaint/concern or you can contact to our Grievance Officer Harsh Chhabra at 9999810406.
    Please keep in mind that mere reporting to the Company doesn't guarantee that certain content will be removed from the Shuru Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.