Terms & Conditions

E. USING THE APP

1. You will download and install the App from Google Play or Apple App Store for using it. You will also download and update the relevant latest versions of the App and any relevant updates provided by Us to avail continued access to the App.
2. Please note that You are currently using a beta version of the App. We are constantly evolving in order to bring the best possible content and information to You. You acknowledge and agree that You are a beta-testing user and we reserve the right to modify/alter any or all products or services available on the App at any time without notice. Any feedback, comments, or suggestions You may provide about the App is entirely voluntary, and We shall be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.
3. You agree that We may provide notice to You of the availability of any upgrades or updates to the App and automatically push such upgrade or update to your device or computer from time- to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the App, or portions thereof (including upgrades or updates designed to correct issues with the App). Any updates or upgrades to the App may be accompanied with corresponding revisions to these Terms.
4. Notwithstanding anything else contained herein, You may use the App for display of videos or Sponsored Content as either a User or as a Sponsored Content Partner only upon a written approval from Us in this regard. Please write to Us atgrievance@pinewz.com for more information on engaging with us as a Sponsored ContentPartner.
5. You will use the App only for such purposes as is permitted by
   1. this Agreement;
   2. if User is a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which User is a citizen, in which User is resident or from where User uses the App; or (c) if User is a juristic Person, any law, regulation or generally accepted industry practices and guidelines applicable in the country where User is registered, where User maintains its principle office or from where User use theApp.
6. For Your use of the App, We grant You a limited, non-exclusive, non-transferable right to install and use the App on Your android device. However, You shall not copy the App or any of its components, except for the purpose of making a single archival back up copy.
7. We also grant You a non-exclusive, non-transferable license to access such content on the App which is owned by Us. For using any content or part thereof owned by a third party Person, You still require a license from such third party Person, We don’t license such content or part thereof to You and Your use of content owned by a third party Person is governed by applicable terms and conditions prescribed by such third party Person.

F. RESTRICTIONS ON YOUR USE

1. You will only upload content on the App that you are lawfully entitled to under the terms of applicable law and duly authorized to by all relevant persons.
2. You will not use the App, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement or violates the rights of any third party.
3. You will not access (or attempt to access) the App and/or the content provided through the App by any means other than through the App, unless You have been specifically allowed to do so in a separate written agreement with Us.
4. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App or any component or content thereof, available to third parties.
5. You will not circumvent or disable any digital rights management, usage rules, or other security features of App; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the App; and not use the App in a manner that threatens the integrity, performance, or availability of theApp.
6. You will not attempt to or engage in any activity that may:
   1. reverse engineer, decompile or otherwise extract the source code related to the App or any part thereof, unless it is expressly permitted by Us to You in writing or is required by the applicable law;
   2. use any robot, spider, retrieval application, or other device to retrieve or index any portion of the App or content thereof;
   3. collect information about Users for any illegal or unlawful purpose;
   4. create any User accounts by automated means or under false or fraudulent pretenses for using the App;
   5. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the App;
   6. use the App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the App, or interfere with any other third party Person's use and enjoyment of the App;
   7. carry out any denial of service (DoS, DDoS) or any other harmful attacks on the App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the App or any part of the App or any User of the App;
   8. forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the App; and/or
   9. obtain any materials or information through any means not intentionally made available, in the opinion of Us, through theApp.
7. You will not impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person or entity, including, but not limited to Our officials, employees, agents, partners, affiliates, dealers and franchisees.
8. You agree and acknowledge that You will not host, display, upload, modify, publish, transmit, update or share any information that:
   1. belongs to another person and to which the User does not have any right;
   2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
   3. is harmful to child;
   4. infringes any patent, trademark, copyright or other proprietary rights;
   5. violates any law for the time being in force;
   6. deceives or misleads the addressee about the origin of the message or knowingly or intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
   7. impersonates another person;
   8. threatens the unity, integrity, defence, security or sovereignty of India, 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 other nation;
   9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
   10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; or ,
   11. is in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual.

G. REPORTING VIOLATIONS AND CONTENT TAKEDOWN

1. If You find any content on the App which falls under any of the prohibited categories of content listed in section F (8) above, You can inform us of such a violation of these Terms by writing to grievance@pinewz.com with
   1. a screenshot or sharing the link of the infringing post;and
   2. Your reasons for objecting to such content.
2. Notwithstanding anything contained in these Terms, You can report any violation of section F(8) (k) by writing to Us at grievance@pinewz.com and we will endeavor to act within 7 daysto address your concern.
3. Your reports of violation of these Terms will be received and acknowledged within twenty-four (24) hours by Our Grievance Officer.
4. We will respond to Your reports of violations within fifteen (15) days by
   1. Taking down such violating content; or
   2. Suspension/blocking of the violating user’s account; or
   3. Termination of the violating users’ access to the App.

   Our Content Moderation Team’s assessment of any complaints relating to content shared on the App will be limited to whether such content violates this Agreement or Our own internal policies and guidelines. Such a decision will be final and binding as regards content on the App. We do not undertake any legal analysis or judgement on the nature of reported content.

5. All Our decisions pursuant to clause G (4) above will be notified to the violating User, along with our reasons for such decision.
6. If You have any objections against any action taken by Us pursuant to clause G(4) above, You can inform us of Your reasons for such objections and request reinstatement of Your content by writing to Us at grievance@pinewz.com
7. We will review Your objections, and reserve the right to modify/retain our decision on any complaint against content shared on the App.

H. TERMINATION

1. Your access to the App may be terminated if:
   1. You voluntarily uninstall the App from Your device;
   2. You knowingly or unknowingly cause direct or indirect breach, as ascertained by Us, of these Terms or Privacy Policy as a whole or in part;
   3. We are required to do so by law (for example, where the access to and/or provision of the App to You becomesunlawful);
   4. The third-party Person, if any, with whom We offered the App to You has terminated its relationship with Us or ceased to offer the related services to Us or to You;
   5. The provision of App to You, is no longer commercially viable or feasible for Us; or
   6. You violate this Agreement or any other applicable laws.
2. We may terminate this agreement with you at any time, with or without notice and may procure disabling Your access to the App and/or barring You from any future use of the App.
3. Youmay terminate this agreement with PINewz at any time by terminating Youraccess to the App. However, Your certain obligations arising out of or in connection with this Agreement shall continue to prevail even on such termination.
4. When Your agreement with PINewz comes to an end, all of the legal rights, obligations and liabilities that You and Us have benefited from, been subject to (or which have accrued over time whilst this Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.

I. INTELLECTUAL PROPERTY

1. Your use of the App is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the App through Your device.
2. All trademarks, brands and service marks of the App are the property of Us only. We own all the copyrights and database in relation to theApp. The content included on this website, including, but not limited to the PINewz tests, reports, text, videos graphics, logos, icons, and images is the exclusive property of PINewz and other respective owners that have granted PINewz the right and license to use such property and is protected by Indian and international copyright laws. All trademarks, service marks, and trade names are proprietary to PINewz or other respective owners that have grantedPINewz the right and license to use such marks.
3. The App and any underlying technology or software used in connection with the App may contain rights of Us or Our affiliates or any third-party Persons. For use of any third-party Person’s intellectual property, You may need to get permission directly from the owner of the intellectual property.
4. Any intellectual property which is not specifically mentioned to be owned by Us is owned by their respective owners and the owners have a right to take appropriate actions against Youfor any violation, infringement or passing off.
5. We respect the intellectual property rights of others and do not hold any responsibility for any violations of any intellectual property rights by You.
6. By virtue of agreeing to this Agreement or executing any other agreement with Us, You do not acquire any rights in Our intellectual property, and vice versa, except for as specifically set out in this these Terms or in any other agreement between Us and You.

J. PRIVACY

1. Our Privacy Policy explains how We treat Your personal data and protect Your privacy when You use the App. By using the App, You agree that We can use such data according to Privacy Policy.
2. You are responsible for maintaining the confidentiality of passwords associated with any device You use to access the App. Accordingly, You are solely responsible for all activities that occur with Your device. If You become aware of any unauthorized use of Your device, You will notify the relevant authorities as soon as possible.

K. LIMITATION OF LIABILITY AND INDEMNIFICATION

1. Your use of the App, or any content, including video, available thereof is entirely at Your own option and risk and We shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to Your use of the App or any content thereof, including video.
2. You may terminate Your access to the App if You are not satisfied with the App.
3. You shall defend, indemnify and hold Us, Our officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, alllegal fee thatmay result from or alleged to result from
   1. Your use of the App or any content thereof, including Mobile Video; or
   2. Your breach of the intellectual property of any third party; or
   3. Your breach of any rules, regulations and/or orders under any applicablelaw.
4. Youare also responsible for any breach of Your obligations under this Agreement and/or for the consequences of any such breach.

L. NO WARRANTIES

1. We shall make Our best efforts to make the App available to You in the best possible manner. However, We disclaim all warranties in relation to the App, whether express or implied, including but not limited to:
   1. (a) any bugs and errors to this beta version of the App;
   2. b) potential updates to this version of the App;
   3. c) the App being constantly available or available atall;
   4. d) installation or un-installation choices in relation to the App being successfully executed in all cases;
   5. e) that App will always function without disruptions, delay orerrors;
   6. f) Your personal ability to use the App;
   7. g) Your satisfaction with the use of the App;
   8. h) the accuracy of the data provided by the App;
   9. i) the security and privacy of Your data;
   10. j) that all bugs or errors in relation to the App will be corrected;
   11. k) that the App will be compatible with all devices and all networks;
   12. l) that the App is fit for a particular purpose oruse;
   13. m) that the App and the contents thereof are accessible in every location; or
   14. n) that the App and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
2. We, Our officers, directors, employees, affiliates and agents and any other service provider responsible for providing access to the App in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Our offerings made to You, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages associated with Us, or equipment that We do not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Us.

M. GOVERNING LAW AND DISPUTE RESOLUTION

1. The App may be controlled and operated through any country and may be subject to the laws of that country in which they are controlled and operated. If You use the App from any location, then, You are responsible for compliance with the local laws applicable to You.
2. Any or all disputes arising out of or in connection with this Agreement shall be governed by and shall be construed in accordance with the laws of India
3. In the event of any dispute or difference between the You and Us (“Dispute”), then such Dispute shall first be resolved amicably through good faith negotiations by You and Us. In the event that a resolution of the Dispute is not achieved within 30 (thirty) days from the said date the only the Courts of Noida, Uttar Pradesh shall have jurisdiction to consider such disputes.

J. DISCLAIMER

1. The contents provided through the App may include technical inaccuracies or typographical errors. We may make changes or improvements to the App at any time. The contents or any information available on the App is provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. We do not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or the servers that make them available, are free of viruses or other harmful components. We make no commitment to update the materials on the interface. The above exclusion may not apply to You, to the extent that applicable law may notallow the exclusion of implied warranties. We shall not be liable for any misuse or data theft as a consequence of Your use of theApp
2. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT USE THE APP IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL THE TERMS SPECIFIED IN THESE TERMS AND PRIVACY POLICY. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN LEGAL LIABILITY UPON YOU. NOTHING IN THE TERMS OR PRIVACY POLICY SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO ANY THIRD-PARTY PERSONOR ANY OTHER PERSON.
3. EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS OR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, PERFORMANCE, RESULTS, OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE OR IN RESPECT OF ANY MOBILE VIDEO OR SPONSORED CONTENT. WE WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO ANY THIRD-PARTY VIDEO DEVELOPER OR SPONSORED CONTENT PARTNERS OR ANY OTHER PERSON WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH ANY SPONSORED CONTENT DISPLAYED ON OR IN CONNECTION WITH USAGE OF OURAPP.

K.

a) OTHER INFORMATION: For any other concerns, queries or grievances relating to Your use of the App please write to Kumar Sahil at grievance@pinewz.com

(b) You can also reach out to us at info@pinewz.com