Terms of Use

This document is published in accordance with the provision of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that requires publishing of the rules and regulations, privacy policy, and user agreement for access or usage of intermediary’s computer resource (www.mirakee.com website and/ or mirakee mobile application) by any person. The domain name www.mirakee.com (hereinafter referred to as “Website”) and the mobile application Mirakee (hereinafter referred to as “Application”) are owned and operated by Raviga Apps Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at New Delhi (hereinafter referred to as “Mirakee”). The term “We”, “Us”, “Our” shall mean Mirakee. The term “You”, “User” shall mean any natural or legal person who is accessing the Website and/or Application either Registered or non-registered.

By accessing or using the Website and/or Application and any service (hereinafter individually or collectively referred to as “Services”), You agree to be bound by these terms of use ("Terms of Use") and the Community Guidelines of the platform. You are suggested to go through these terms before using Mirakee. By accessing or using the Services, You shall be contracting with Mirakee and this Terms of Use will constitute Your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. This Terms of Use is updated on 22 April 2019 and Mirakee may at its sole discretion change the products and services available through this Website and/or Application from time to time.

USE OF THE SERVICES

  • You warrant that you are legally entitled to use the Services. If you are minor i.e. under the age of 18 years, You shall not register with the Website and/or Application. If it is brought to the notice of Mirakee or it discovers on its own that You are a minor, Mirakee reserves its right to terminate Your use of the Services.
  • The Website and/or Application provides a platform to view and post content. The content on the Website and/or Application can be posted only by a registered user (hereinafter referred to as “User”). The content posted on the Website and/or Application includes but not limited to any data, text, information, usernames, works of authorship, links, write-ups, photographs, graphics, and any other information formats that may become shareable via the Service from time to time (hereinafter individually or collectively referred to as “Content”).
  • You are not allowed to post violent, discriminatory, plagiarized, promotional, unlawful, infringing, trolling, hateful, and sexually suggestive Content via the Service.
  • You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information that –
    • belongs to another person and to which the user does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harms minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • threatens the unity, integrity, defence, security or sovereignty of India or any other country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
  • You are responsible for any activity that occurs through your account and You agree that You will not sell, transfer, license or assign Your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients
  • You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  • Mirakee prohibits creation of account for anyone other than yourself expect where expressly authorized. You also represent that all information You provide or provided to Mirakee upon registration and at all other times will be true, accurate, current and complete and You agree to update your information as necessary to maintain its truth and accuracy.
  • Collection or using credentials of other Mirakee users is prohibited.
  • Illegal or unauthorized use of the Service is not allowed.
  • You are solely responsible for your conduct and any data, text, information, usernames, works of authorship, links and other content that you post on Mirakee.
  • You must not modify or alter the Service or modify another website so as to falsely imply that it is associated with Mirakee.
  • Spamming Mirakee users with unwanted comments or other forms of harassing communications is not allowed.
  • You must not disrupt the Service or servers/networks connected to the Service, including by transmitting worms, viruses, spyware and malware or any other code that is destructive or disruptive in nature. Interfering with the display of any of Mirakee’s page in a user's browser or device is illegal and Mirakee reserves right to initiate appropriate legal proceeding against You.
  • Creating accounts on Mirakee using an automated device, script, bot, spider, crawler or scraper is not allowed.
  • You must not restrict other users from using the Service. Also, you must not encourage or facilitate violations of these Terms of Use.
  • Violation of these Terms of Use may, in Mirakee's sole discretion, result in termination of Your Mirakee account.

GENERAL TERMS

  • Mirakee reserves the right to alter or terminate the Services or Your access to the Services for any reason, without notice, at any time, and without liability to You. You can delete your Mirakee account. If we terminate Your access to the Services or You delete your account, Your work, comments, likes, followers, and all other data will not be accessible to anyone (e.g., users will not be able to navigate to Your username and view Your work).
  • Mirakee reserves the right, to change these Terms of Use ("Updated Terms") from time to time. We will provide you with the advance notice before the Updated Terms become effective. You should review these updated Terms of Use prior to using Mirakee. The Updated Terms will take effect from the time it is updated, or from sometime later as mentioned in the update. These Terms of Use will govern any disputes arising prior to the effective date of the Updated Terms.
  • Mirakee reserves the right to deny access to the Services to any User for any reason at any time. We may remove, edit, and/or monitor the Content or accounts having Content that we think violates these Terms of Use.
  • Mirakee is not responsible or liable for the conduct of any of its users, be it online or offline. You will be responsible for your interactions with other Mirakee users on or off Mirakee. We reserve the right but we are not obliged to monitor or get involved in disputes between you and other users. A user should use his common sense and best judgment while interacting with other Mirakee users.
  • Your business dealings with third parties found on Mirakee are solely between you and the third parties.
  • You take responsibility of all the data charges that incur on using Mirakee.
  • We prohibit crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Mirakee express written consent).
  • The Services may be interrupted for upgrades or scheduled maintenance, for emergency repairs, or due to failure of telecommunications links and/or equipment. Mirakee reserves the right to remove your Content from the Service without any reason, without any prior notice to you. Content removed from Mirakee may be stored by Us, but may not be accessed without a valid court order. Mirakee encourages you to maintain your own backup of your Content. We are not a backup service and you will not rely on us for the purpose of Content backup or storage. We will not be liable for suspension, modification or discontinuation of Service, or any loss of Content. You also acknowledge the fact that Internet may be subject to security breaches and that the submission of Content or other information may not be secure.
  • You agree that we are not responsible for, and do not endorse any Content posted on Mirakee. Mirakee does not have any obligation to monitor, prescreen, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for it.

CONTENT RIGHTS AND OWNERSHIP

  • Mirakee does not claim ownership of any Content that is posted by You.
  • You agree that: (i) You own the Content posted by you on Mirakee or otherwise have the right to grant the right/licenses for it; (ii) Your Content must not infringe on the rights of other users, including, without limiting to privacy and publicity rights, copyrights/trademark and/or other intellectual property rights.
  • Mirakee has content that is owned by Mirakee ("Mirakee Content") and is protected by copyright, trademark, patent, and other laws. You will not modify, remove or conceal any copyright, trademark, service mark or any other proprietary rights notice that accompanies Mirakee Content. You will not reproduce, modify, adapt, prepare derivative works based on, display, distribute, publish, transmit, sell, license or otherwise exploit the Mirakee Content.
  • Mirakee’s name and logo are trademarks of Mirakee, and must not be copied, or used, in whole or in part, without our prior written permission. In addition, custom graphics, all page headers, button icons and scripts are service marks, trademarks and/or trade dress of Mirakee, and must not be copied or used, in whole or in part, without prior written permission from Mirakee.
  • You agree that we are not responsible for, and do not endorse any Content posted on Mirakee. Mirakee does not have any obligation to monitor, prescreen, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for it.
  • All Content posted by the users will be non-confidential and non-proprietary. We will not be liable for any use or disclosure of any Content that you provide.

REPORTING COPYRIGHTS/INTELLECTUAL PROPERTY INFRINGEMENTS

  • You can report posts to protect your intellectual property rights.
  • If you are caught in the act of infringing on other’s content, we will disable your account.

MIRAKEE RESPONSIBILITY

  • Mirakee provides a platform for Users to post Content. Mirakee’s responsibility is limited only to as an intermediary within the meaning of Information Technology Act, 2002 (as amended) and Rules thereunder.
  • Mirakee on receipt of information regarding unlawful activity by the User, or on its own may bar access to the Services or delete account of such Users.

MIRAKEE COOPERATION WITH LAW ENFORCEMENT AGENCY

  • Mirakee may inform and/or provide information to law enforcement agencies or government of unlawful activity by You.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITIES

ALL PRODUCTS AND SERVICES MADE AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE AND OUR AFFILIATES, AND THEIR STAFF DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO THE SITE, CONTENT QUALITY, ACCURACY, COMPLETENESS AND ADEQUACY, OR THAT THE PRODUCT OR SERVICES WILL MEET YOUR NEED OR EXPECTATIONS.

WE AND OUR AFFILIATES DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED MANNER AND IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT WE AND OUR AFFILIATES, WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR YOUR (OR ANY THIRD PARTY) USE OF OR INABILITY TO USE THIS SITE.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER WE AND OUR AFFILIATES HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT.

INDEMNIFICATION

You agree to indemnify, defend and hold Us harmless and Our respective affiliates, officers, directors, governing board members, employees, and agents from and against any third party claims arising out of Your use or any way related to Your use of the Services, including any liabilities, damages, expenses, including litigation cost and attorneys’ fees.

TERMINATION

If You breach any provisions of this Terms of Use, We reserve right to suspend or prohibit Your access to the Services.

GOVERNING LAW AND JURISDICTION

The provisions of this Terms of Use are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts at Delhi, India.